(1) A
facility shall immediately advise each person receiving evaluation, care, or
treatment under any provision of this article 81, orally and in writing, that the person
has and is afforded the following rights:
(a) To be evaluated to determine the person's behavioral health treatment
needs relating to the use of substances, including alcohol or drugs;
(b) If under an emergency commitment pursuant to section 27-81-111, to
refuse to be examined by a licensed physician for certification. A person's refusal to
be examined for certification may be alleged in a petition for involuntary
commitment. A person may request to be examined by the person's physician, or a
court may order a person to be evaluated by a licensed physician for certification.
(c) To receive timely medical and behavioral health care and treatment, as
specified in law, that is determined based on the person's needs and that is
delivered in the least restrictive treatment setting possible, as set forth in BHA
rules;
(d) To be treated fairly and to receive the same consideration and access to
appropriate services as others, regardless of race, color, national origin, age,
gender identity, gender expression, sexual orientation, political affiliation, religious
beliefs, financial status, or disability;
(e) To contest a commitment proceeding or to enter into a stipulated order of
the court for committed treatment;
(f) To retain and consult with an attorney at any time and to have an attorney
appointed by or provided by the court in a timely manner in any proceedings
relating to commitment or recommitment if the person wants the assistance of an
attorney and is unable to obtain an attorney;
(g) To at any time seek to be discharged from commitment by an order in the
nature of habeas corpus;
(h) Once no longer under the influence of drugs or intoxicated by alcohol, to
sign in and seek voluntary substance use disorder treatment, unless the
administrator determines in writing that reasonable grounds exist to believe that
the person will not remain in voluntary treatment or that the person is clearly
dangerous to the health and safety of himself or herself or others;
(i) If in committed treatment, to receive twenty-four-hour notice prior to
being transferred to another facility;
(j) To have reasonable opportunities for continuing visitation and
communication with the person's family and friends, consistent with an effective
treatment program and as determined in BHA rules. Each person may meet with the
person's attorney, clergyperson, or health-care provider at any time.
(k) To have reasonable access to mail and writing materials, including
postage, as well as the assistance of facility staff if the person is unable to write,
prepare, or mail correspondence;
(l) Subject to BHA rules relating to the use of telephones and other
communication devices, to have reasonable access to telephones or other
communication devices, and to make and to receive calls or communications in
privacy. Facility staff shall not open, delay, intercept, read, or censor mail or other
communications or use mail or other communications as a method to enforce
compliance with facility staff.
(m) To wear his or her own clothes, keep and use personal possessions, and
keep and be allowed to spend a reasonable sum of the person's own money;
(n) To have access to medical records;
(o) To have treatment records remain confidential, except as required by law;
(p) To not be fingerprinted, unless required by law;
(q) To refuse to be photographed, except for treatment facility identification
purposes;
(r) To have the opportunity to register and vote by absentee ballot with the
assistance of facility staff;
(s) To have appropriate access to adequate food, water, and hygiene
products;
(t) To have physical privacy in showering, changing, and using the restroom;
and
(u) To be free of restraints and solitary confinement.
(2) Only qualified staff providing evaluation, treatment, or care for a person
may deny or restrict the person's rights under subsection (1) of this section if the
person's health or safety would be clearly endangered if the rights were not denied
or restricted. If a person's rights are denied or restricted, the reason for the denial
or restriction must be explained to the person and entered into the person's
treatment record. The facility shall provide the person and the person's attorney the
information pertaining to a denial or restriction of rights contained in the person's
treatment record. The person's rights must be immediately restored as soon as the
person's health and safety are no longer clearly endangered.
(3) A person receiving evaluation, care, or treatment under any provision of
this article 81 may submit a grievance or complaint against the facility or facility
staff pursuant to a grievance or complaint process, which is explained to the person
in detail and included with the oral and written explanation of rights.
(4) As part of the immediate oral and written advisement of the rights
enumerated in this section, a facility shall also include the telephone number and
email address for the office of the ombudsman for behavioral health access to care,
created in section 27-80-303. The written advisements must be translated if the
person cannot read or understand English. The administrator shall cause the rights
enumerated in this section to be posted in a prominent location where clients in the
facility reside, which posting must also include the number and email address for
the office of the ombudsman for behavioral health access to care, created in
section 27-80-303.