§ 34-B §3803 — Patient's rights

Maine § 34-B §3803

• Jurisdiction: Maine
• Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES
• Ch. 3: MENTAL HEALTH

Text

A patient in a psychiatric hospital or residential care facility under this subchapter has the following rights.
1.
Civil rights.
Every patient is entitled to exercise all civil rights, including, but not limited to, the right to civil service status, the right to vote, rights relating to the granting, renewal, forfeiture or denial of a license, permit, privilege or benefit pursuant to any law, the right to enter into contractual relationships and the right to manage the patient's property, unless:
2.
Humane care and treatment.
Every patient is entitled to humane care and treatment and, to the extent that facilities, equipment and personnel are available, to medical care and treatment in accordance with the highest standards accepted in medical practice.
3.
Restraints and seclusion.
Restraint, including any mechanical means of restricting movement, and seclusion, including isolation by means of doors that cannot be opened by the patient, may not be used on a patient, unless the chief administrative officer of the psychiatric hospital or residential care facility or the chief administrative officer's designee determines that either is required by the medical needs of the patient.
4.
Communication.
Patient communication rights are as follows.
5.
Visitors.
Every patient is entitled to receive visitors unless definitely contraindicated by the patient's medical condition, except that the patient may be visited by a member of the clergy of the patient's choice or the patient's attorney at any reasonable time.
6.
Sterilization.
A patient may not be sterilized except in accordance with chapter 7.

Legislative History

PL 1983, c. 459, §7 (NEW). PL 2007, c. 319, §5 (AMD).