§ 40.1-5-3. General powers and duties of state department of behavioral healthcare, developmental
disabilities and hospitals.
(a) The state department of behavioral healthcare, developmental disabilities and hospitals
is charged with the execution of the laws relating to the admission and custody of
the mentally disabled.
(b) Under the direction of the state director of behavioral healthcare, developmental
disabilities and hospitals, he or she, or one or more of his or her assistants or
representatives so designated, shall visit the several facilities in the department
and others as are approved to function under this chapter for the purpose of determining
whether the provisions of this chapter relating to custody and admission of mentally
disabled persons are being complied with. For these purposes, the director is empowered
to subpoena witnesses; compel their attendance; administer oaths to witnesses; examine
witnesses under oath; and require the production of any books, documents, papers,
or records deemed relevant to the inquiry of investigation. A subpoena issued under
this section shall be regulated by the civil practice laws and rules.
(c) In licensing, regulating, inspecting, and investigating facilities as defined in this
chapter pursuant to the provisions of chapter 16 of title 23, the department of health shall engage independent qualified experts in mental health
treatment and in the administration of mental health facilities, and shall license
only facilities accredited in accordance with the joint commission on accreditation
of hospitals standards for psychiatric facilities and which continue to meet such
standards.
(d) Under the direction of the state director of behavioral healthcare, developmental
disabilities and hospitals, the state department of behavioral healthcare, developmental
disabilities and hospitals may:
(1) Examine all facilities, public and private, authorized by law to receive, admit, educate,
and care for the mentally disabled; and
(2) Inquire into their methods of government and the management of all persons therein;
and
(3) Examine into the condition of all buildings, grounds, and other property connected
with the facility, and into all matters relating to its management.
(e) For the purposes set forth under subsection (d), the director may:
(1) Have free access to the grounds, buildings, and all books and records relating to
any facility; and
(2) Be entitled to receive from all persons connected in any way with the facility, information
and assistance for any examination or inquiry as the director may require.
(f) The director may, by order, appoint a competent person to examine the books and papers
and also the general condition and management of any facility to the extent deemed
necessary and specified in the order.
(g) The director may adopt rules and regulations governing the management of facilities,
both public and private, as he or she may deem necessary to carry out the provisions
of this chapter to insure the comfort and promote the welfare of the patients.