40.1-1.1-1. Declaration of policy. It is hereby declared to be the policy of the state to establish, extend, and strengthen the mental health services relating to the causes, diagnosis, and treatment of psychiatric disorders and in the providing for developing the most effective methods of prevention, diagnosis, and treatment of psychiatric disorders.  History of Section.P.L. 1948, ch. 2113,  1; G.L. 1956,  26-1-1; P.L. 1979, ch. 39,  1. 
 40.1-1.1-2. Designation of agency to cooperate with federal government. The state department of behavioral healthcare, developmental disabilities and hospitals is hereby designated as the agency of this state to cooperate with the federal government, its agency, or instrumentality, in establishing, extending, and strengthening the services described in  40.1-1.1-1.  History of Section.P.L. 1948, ch. 2113,  2; G.L. 1956,  26-1-2; Reorg. Plan No. 1, 1970; P.L. 1979, ch. 39,  1. 
 40.1-1.1-3. Powers of department. The department of behavioral healthcare, developmental disabilities and hospitals is hereby authorized:  (1) To develop jointly with the federal government through its appropriate agency or instrumentality, a plan or plans for the purpose specified in  40.1-1.1-1 and to make rules and regulations as may be necessary or desirable for the administration of plans and the provisions of this chapter;  (2) To receive and expend in accordance with those plans any funds made available to the department by the federal government, the state, or its political subdivision for that purpose;  (3) To develop services and to provide encouragement in assistance of adequate methods of treatment of psychiatric disorders in accordance with those plans.  History of Section.P.L. 1948, ch. 2113,  3; G.L. 1956,  26-1-3; P.L. 1979, ch. 39,  1. 
 40.1-1.1-4. Receipt and disbursement of federal funds. The general treasurer of the state shall receive funds granted to the state for the purposes specified in  40.1-1.1-1 by the federal government; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of that sum, or so much thereof as may be required, from time to time, upon receipt by him or her of properly authenticated vouchers.  History of Section.P.L. 1948, ch. 2113,  4; G.L. 1956,  26-1-4; P.L. 1979, ch. 39,  1. 
 40.1-1-1  40.1-1-3. [Repealed.]
 40.1-1-10.1. Subsidy aid for parent deinstitutionalization program. (a) Every qualified parent applicant or an appropriate relative of a person at the Dr. Joseph H. Ladd Center, Dr. U.E. Zambarano Memorial Hospital, the institute of mental health, or the general hospital (RIMC) or at an out-of-state institution who would have been eligible for placement in the Dr. Joseph H. Ladd Center, Dr. U.E. Zambarano Memorial Hospital, the institute of mental health, or the general hospital (RIMC), found eligible and certified as such by the director of behavioral healthcare, developmental disabilities and hospitals pursuant to this chapter and the rules and regulations established thereunder, shall be eligible to receive subsidy aid within the bounds set forth in this chapter and pursuant to the rules and regulations as are promulgated by the director of behavioral healthcare, developmental disabilities and hospitals and under the eligibility, income, health, safety, and other program requirements as may be deemed appropriate and necessary to protect the health, safety, and welfare of the child or adult and the interest of the state in the maintenance and operation of the deinstitutionalization program.  (b) A qualified parent applicant or an appropriate relative who is the natural or adoptive parent and certified as eligible for subsidy aid under the deinstitutionalization program shall receive an amount of not less than twenty-five dollars ($25.00) and not more than sixty dollars ($60.00) for the basic care of each child or adult for a seven-day (7) or weekly period, and an amount of not less than five dollars ($5.00) and not more than fifteen dollars ($15.00) for the training of each child or adult for the same period.  (c) A qualified parent applicant who is a foster parent or an appropriate relative and certified as eligible for subsidy aid under the deinstitutionalization program shall receive an amount of not less than five dollars ($5.00) and not more than fifteen dollars ($15.00) for training of each child or adult and an amount of not less than twenty-five dollars ($25.00) and not more than sixty dollars ($60.00) for basic care and treatment for a seven-day (7) or weekly period. These amounts designated for foster parents shall be in addition to the basic payments to foster parents from the department of social and rehabilitative services for foster home placement.  (d) The subsidy payments as provided by this section shall be paid from institutional or special accounts as may be under the control and direction of the director of behavioral healthcare, developmental disabilities and hospitals and earmarked for the placement and continuing support of an institutionalized person with a qualified parent or an appropriate relative application as set forth in this chapter.  History of Section.P.L. 1978, ch. 257,  2; P.L. 1980, ch. 207,  1; P.L. 1981, ch. 79,  1; P.L. 2013, ch. 158,  1; P.L. 2013, ch. 233,  1. 
 40.1-1-10. Parent deinstitutionalization subsidy aid program. (a) There is hereby established within the department of behavioral healthcare, developmental disabilities and hospitals a deinstitutionalization subsidy aid program. The program is founded for the express purpose of providing financial assistance or subsidy aid to the qualified parent applicant, or if the parent is not able to care for the person then an appropriate relative as defined in this chapter, who is found and certified to be qualified by the director of behavioral healthcare, developmental disabilities and hospitals to receive and take into his or her care, custody, and control a person under the legal authority and control of the director of behavioral healthcare, developmental disabilities and hospitals who is and has been a resident or patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital, at the institute of mental health or the general hospital, or a resident in an out-of-state institution, who would have been eligible for placement in the Dr. Joseph H. Ladd Center, Dr. U.E. Zambarano Memorial Hospital or the institute of mental health or the general hospital for a period of time not less than ninety (90) days, or would be a resident or patient of one of the facilities listed in this section for a period of ninety (90) days or more if a specialized community program were not developed to meet the persons particular and/or unique needs and meets the eligibility criteria contained in  40.1-21-4.3.  (b) The general assembly hereby finds that such a parent deinstitutionalization program would promote the general welfare of the citizens of the state and further the purpose of providing deinstitutionalization care, treatment, and training for the institutionalized person and subsidy aid to the qualified parent applicant or an appropriate relative of the institutionalized person. It is further found that the program is established for the purpose of providing subsidy aid to assist and make available non-institutional care, support, and training when it is found to be in the best interests of the health and welfare of the institutionalized person and where that placement may be made and certified by the director of behavioral healthcare, developmental disabilities and hospitals to the qualified parent applicant.  (c) The director of behavioral healthcare, developmental disabilities and hospitals is hereby vested with the authority to promulgate rules and regulations as are deemed necessary and in the public interest to establish and place into operation the parent deinstitutionalization program and authorize the payment of subsidy aid to the qualified parent applicant or an appropriate relative who receives into his or her care, custody, and control a person under the legal authority and control of the director of behavioral healthcare, developmental disabilities and hospitals who is or has been a resident or patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital, at the institute of mental health or the general hospital or a resident or patient in an out-of-state institution who would have been eligible for placement in the Dr. Joseph H. Ladd Center, Dr. U.E. Zambarano Memorial Hospital, or the institute of mental health, or the general hospital.  (d) Rules and regulations promulgated pursuant to subsection (c) shall include, but not be limited to, the following areas of concern:  (1) The establishment of eligibility and other requirements for the qualification and certification of the parent applicant applying for subsidy aid under this chapter;  (2) The establishment of eligibility and other requirements for the qualification and certification of a person to be removed and placed from the Dr. Joseph H. Ladd Center or Dr. U.E. Zambarano Memorial Hospital, or the institute of mental health or the general hospital, under this program as set forth in this chapter or a resident or patient in an out-of-state institution under this program as set forth in this chapter;  (3) The establishment of such other eligibility, certification, and qualification standards and guidelines for the person or the parent applicant or an appropriate relative to which the program applies as may be deemed reasonable and in the public interest;  (4) The establishment of such licensing, regulating, inspection, monitoring, investigation, and evaluation standards and requirements for the placement, care, support, custody, and training of the person as are deemed reasonable and in the public interest under this chapter;  (5) The periodic inspection, review, and evaluation of the care, support, and treatment afforded the person placed in the home of the qualified parent applicant or an appropriate relative under this program and the making and implementation of such recommendations as are deemed necessary for the continued health, safety, and welfare of the person in accordance with the provisions of this chapter;  (6) The establishment and implementation of such other standards, safeguards, and protections as are deemed necessary and in the public interest to protect the health, safety, and welfare of the person placed under the program or in determining and certifying initial and/or continuing eligibility requirements as the director of the department of behavioral healthcare, developmental disabilities and hospitals shall in his or her discretion deem to be necessary and appropriate, including, specifically, the authority to recall and return the child or adult to the custody and control of the state and the director of behavioral healthcare, developmental disabilities and hospitals into any care or placement program as the director may in his or her discretion order and direct, including therein summary removal from the custody of the qualified parent applicant or an appropriate relative and return to the state institution or out-of-state institution.  (e) For the purpose of this chapter the words qualified parent applicant shall mean any natural parent, adoptive parent, or foster parent or both natural parents jointly, both adoptive parents jointly, or a court-appointed guardian or both foster parents jointly, or as defined by rules or regulations established by the department of behavioral healthcare, developmental disabilities and hospitals who may apply for inclusion in the behavioral healthcare, developmental disabilities and hospitals deinstitutionalization subsidy aid program as set forth in this chapter. For the situation where the natural or adoptive parents are divorced or separated, or where one of the parents is deceased, the words parent or parent applicant shall mean the parent legally having or giving custody to the person who may apply for inclusion in behavioral healthcare, developmental disabilities and hospitals deinstitutionalization subsidy aid program as set forth in this chapter.  (f)(1) For the purpose of this chapter, the words appropriate relative shall mean an interested and approved relative of the adult.  (2) For the purpose of this chapter the words subsidy aid shall mean payment or continued payment to a parent applicant pursuant to the rules and regulations established by the director of behavioral healthcare, developmental disabilities and hospitals for deinstitutionalization subsidy aid program as set forth in this chapter.  (g) Alternatives to institutional care. The department of behavioral healthcare, developmental disabilities and hospitals is hereby directed to develop options, fiscal impact analysis, and recommendations for the expansion of shared living services to siblings of individuals with developmental disabilities who are no longer able to be cared for at home by aging parents. The department shall submit these recommendations to the governor, and to the general assembly by December 31, 2013.  History of Section.P.L. 1978, ch. 257,  2; P.L. 1980, ch. 207,  1; P.L. 1981, ch. 79,  1; P.L. 1981, ch. 309,  1; P.L. 1997, ch. 326,  134; P.L. 2013, ch. 158,  1; P.L. 2013, ch. 233,  1; P.L. 2020, ch. 79, art. 1,  37. 
 40.1-1-11. Housing for traumatically brain injured persons. The department of behavioral healthcare, developmental disabilities and hospitals shall have full authority and jurisdiction over the construction and staffing of group homes for traumatically brain injured persons; provided, however, the department shall consult with the Rhode Island chapter of the National Head Injury Foundation regarding the construction and staffing of group homes.  History of Section.P.L. 1990, ch. 183,  2. 
 40.1-1-12. Permanent legislative oversight commission. (a) There is hereby created a permanent legislative commission entitled permanent legislative oversight commission on substance abuse treatment the purpose of which shall be to oversee the implementation and administration of all money and programs in substance-abuse treatment in the state and to report to the general assembly with advice and recommendations as to the adequacy, efficacy, and efficiency of all statutes, rules, regulations, guidelines, practices, and programs relating to substance abuse treatment and such other related matters as it deems appropriate.  (b) The commission shall consist of ten (10) members; five (5) members shall be appointed by the speaker of the house of representatives from among the members of the house of representatives, not more than four (4) of whom shall be from the same political party; three (3) members shall be appointed by the president of the senate from among the members of the senate, not more than two (2) of whom shall be from the same political party; and one member (ex officio) shall be the director of MHRH, or his or her designee; and one member shall be the director of the department of health in the executive department, or his or her designee. The chairperson of the commission shall be appointed by the speaker of the house of representatives. Members of the commission shall serve without compensation, except that they shall be allowed their actual and necessary expenses incurred in the performance of their duties under this section.  (c) The commission may request and shall receive from any instrumentality of the state, including the division of substance abuse of the department of behavioral healthcare, developmental disabilities and hospitals, the department of health in the executive department, department of children, youth and families, department of human services and other departments as the commission sees fit and from any municipality or any instrumentality thereof, information and assistance as it deems necessary for the proper execution of its powers and duties under this section.  (d) The commission shall meet at least quarterly and shall report at least annually to the general assembly on its findings and recommendations with respect to:  (1) All existing substance abuse treatment programs; and  (2) Any matters relating to substance abuse treatment efforts in the state.  History of Section.P.L. 1990, ch. 322,  7; P.L. 1992, ch. 418,  7; P.L. 2001, ch. 180,  88; P.L. 2006, ch. 216,  27. 
 40.1-1-13. Powers and duties of the office. Notwithstanding any provision of the Rhode Island general laws to the contrary, the department of behavioral healthcare, developmental disabilities and hospitals shall have the following powers and duties:  (1) To establish and promulgate the overall plans, policies, objectives, and priorities for state substance abuse education, prevention, and treatment; provided, however, that the director shall obtain and consider input from all interested state departments and agencies prior to the promulgation of any such plans or policies;  (2) Evaluate and monitor all state grants and contracts to local substance abuse service providers;  (3) Develop, provide for, and coordinate the implementation of a comprehensive state plan for substance abuse education, prevention, and treatment;  (4) Ensure the collection, analysis, and dissemination of information for planning and evaluation of substance abuse services;  (5) Provide support, guidance, and technical assistance to individuals, local governments, community service providers, public and private organizations in their substance abuse education, prevention, and treatment activities;  (6) Confer with all interested department directors to coordinate the administration of state programs and policies that directly affect substance abuse treatment and prevention;  (7) Seek and receive funds from the federal government and private sources in order to further the purposes of this chapter;  (8) To act in conjunction with the executive office of health and human services as the states co-designated agency (42 U.S.C.  300x-30(a)) for administering federal aid and for the purposes of the calculation of the expenditures relative to the substance abuse block grant and federal funding maintenance of effort. The department of behavioral healthcare, developmental disabilities and hospitals, as the states substance abuse authority, will have the sole responsibility for the planning, policy and implementation efforts as it relates to the requirements set forth in pertinent substance abuse laws and regulations including 42 U.S.C.  300x-21 et seq.;  (9) Propose, review, and/or approve, as appropriate, proposals, policies, or plans involving insurance and managed care systems for substance abuse services in Rhode Island;  (10) To enter into, in compliance with the provisions of chapter 2 of title 37, contractual relationships and memoranda of agreement as necessary for the purposes of this chapter;  (11) To license facilities and programs for the care and treatment of substance abusers and for the prevention of substance abuse, and provide the list of licensed chemical dependency professionals (LCDP) and licensed chemical dependency clinical supervisors (LCDCS) (licensed by the department of health pursuant to chapter 69 of title 5) for use by state agencies including, but not limited to, the adjudication office of the department of transportation, the district court and superior court and the division of probation and parole for referral of individuals requiring substance use disorder treatment;  (12) To promulgate rules and regulations necessary to carry out the requirements of this chapter;  (13) Perform other acts and exercise any other powers necessary or convenient to carry out the intent and purposes of this chapter;  (14) To exercise the authority and responsibilities relating to education, prevention, and treatment of substance abuse, as contained in, but not limited to, the following chapters: chapters 1.10, 10.1, and 28.2 of title 23; chapters 21.2 and 21.3 of title 16; chapter 50.1 of title 42 [repealed]; chapter 109 of title 42; chapter 69 of title 5; and  35-4-18;  (15) To establish a Medicare Part D restricted-receipt account in the hospitals and community rehabilitation services program to receive and expend Medicare Part D reimbursements from pharmacy benefit providers consistent with the purposes of this chapter;  (16) To establish a RICLAS group home operations restricted-receipt account in the services for the developmentally disabled program to receive and expend rental income from RICLAS group clients for group home-related expenditures, including food, utilities, community activities, and the maintenance of group homes;  (17) To establish a non-Medicaid, third-party payor restricted-receipt account in the hospitals and community rehabilitation services program to receive and expend reimbursement from non-Medicaid, third-party payors to fund hospital patient services that are not Medicaid eligible; and  (18) To certify recovery housing facilities directly, or through a contracted entity, as defined by department guidelines, which includes adherence to using National Alliance for Recovery Residences (NARR) standards. In accordance with a schedule to be determined by the department, all referrals from state agencies or state-funded facilities shall be to certified houses, and only certified recovery housing facilities shall be eligible to receive state funding to deliver recovery housing services.  History of Section.P.L. 1998, ch. 257,  4; P.L. 1998, ch. 458,  4; P.L. 2007, ch. 73, art. 10,  5; P.L. 2008, ch. 100, art. 28,  1; P.L. 2010, ch. 23, art. 8,  8; P.L. 2016, ch. 129,  1; P.L. 2016, ch. 138,  1; P.L. 2016, ch. 142, art. 4,  21; P.L. 2017, ch. 302, art. 9,  6; P.L. 2018, ch. 178,  1; P.L. 2018, ch. 205,  1. 
 40.1-1-14. Transfer determination. (a) The director of administration, with the approval of the governor, shall make the conclusive determination of the number of positions, personnel, property, records, and appropriation balances, allocations, and other funds of the department of health to be transferred to the department of behavioral healthcare, developmental disabilities and hospitals in connection with the functions transferred thereunto by the provisions of this chapter.  (b) Such further measures and dispositions as the director of administration, with the approval of the governor, shall deem necessary in order to effectuate the transfer of functions provided in this chapter shall be carried out as the director of administration shall direct and by the agencies the director of administration shall designate.  History of Section.P.L. 1998, ch. 257,  4; P.L. 1998, ch. 458,  4. 
 40.1-1-15. Continuity of administrative function. In order to ensure continuity of the administrative business of the state, the actual transfer of functions or any part thereof to the department of behavioral healthcare, developmental disabilities and hospitals from the department of health may be postponed after July 1, 1998, until such time as, by executive order of the governor, the transfer herein provided can be put into force and effect.  History of Section.P.L. 1998, ch. 257,  4; P.L. 1998, ch. 458,  4. 
 40.1-1-16. Division of substance abuse services  Establishment. The director of the department of administration shall promulgate rules and regulations that are necessary to establish a division of substance abuse services within the department of behavioral healthcare, developmental disabilities and hospitals.  History of Section.P.L. 1998, ch. 257,  4; P.L. 1998, ch. 458,  4. 
 40.1-1-17. Law revision. All general and public laws affected by this chapter shall be revised, amended, consolidated, or conformed by the law revision office. Wherever in general and public laws reference is made to the functions of the department of health that are transferred to the department of behavioral healthcare, developmental disabilities and hospitals, the law revision director shall proceed according to the provisions set out in  22-11-3.4.  History of Section.P.L. 1998, ch. 257,  4; P.L. 1998, ch. 458,  4; P.L. 1999, ch. 354,  23. 
 40.1-1-18. Liberal construction. This chapter shall be liberally construed in aid of its declared purposes, the primary purpose of which is the coordination and integration of functions relating to substance abuse education, prevention, and treatment within one department and the allocation of these functions to the department of behavioral healthcare, developmental disabilities and hospitals.  History of Section.P.L. 1998, ch. 257,  4; P.L. 1998, ch. 458,  4. 
 40.1-1-19. Problem gambling  Program. The department of behavioral healthcare, developmental disabilities and hospitals, division of substance abuse, in conjunction with the Rhode Island Council on Problem Gambling and the Drug and Alcohol Treatment Association of Rhode Island, shall develop a program to address problem gambling with the following components:  (1) Treatment services. The division of substance abuse shall designate, through a request for proposals process, comprehensive treatment services for problem gamblers and their family members; provided, however, the cost of the treatment services program does not exceed one hundred fifty thousand dollars ($150,000). The division shall present the recommended language for the request for proposals to the governor and the general assembly not later than December 31, 2000;  (2) Prevention education. The Rhode Island Council on Problem Gambling shall develop a problem gaming prevention program; provided, however, the cost of the program does not exceed seven thousand dollars ($7,000). The council shall present the recommended program to the governor and the general assembly not later than December 31, 2000;  (3) Training. The Drug and Alcohol Treatment Association of Rhode Island shall develop a training program to address problem gambling; provided, however, the cost of the program does not exceed ten thousand dollars ($10,000). The association shall present the recommended program to the governor and the general assembly not later than December 31, 2000;  (4) Prevalence study. The division of substance abuse shall designate, through a request for proposals process, a prevalence study; provided, however, the cost of the study does not exceed eight thousand dollars ($8,000). The division shall present the recommended language for the request for proposals to the governor and the general assembly not later than December 31, 2000.  History of Section.P.L. 2000, ch. 55, art. 22,  3. 
 40.1-1-20. Problem gambling programs. (a) The department of behavioral healthcare, developmental disabilities and hospitals shall establish and promulgate minimum standards for treatment programs for problem gamblers and for gaming prevention programs, and shall make these standards available to the public and to any organization that intends to provide such treatment or education programs.  (b) The standards for treatment programs shall include, but are not limited to, the following:  (1) Assessment criteria and procedures;  (2) Admission and discharge criteria;  (3) Client record keeping;  (4) Staff training requirements;  (5) Requirements for performance and outcome measures.  (c) The department shall monitor and review treatment programs for problem gamblers and gaming prevention programs and shall certify programs that comply with the standards developed by the department.  History of Section.P.L. 2001, ch. 152,  1. 
 40.1-1-21. Restricted receipts. There is hereby created a restricted receipt account within the department of behavioral healthcare, developmental disabilities and hospitals for the purposes of receiving and expending monies from any other sources, public or private, limited to gifts, grants, and donations. The department shall deposit any revenues into the restricted receipt account to be used for the same purposes that its state appropriation is used, unless otherwise limited by agreement of such funds.  History of Section.P.L. 2021, ch. 162, art. 2,  7, effective July 6, 2021. 
 40.1-1-3.1. New title for department. (a) Wherever in the general or public laws, or any rule or regulation, any reference to the department of mental health, retardation and hospitals or to department shall appear, it shall be deemed to mean and shall mean the department of behavioral healthcare, developmental disabilities and hospitals.  (b) Wherever in the general or public laws, or any rule or regulation, there appears any reference to mental retardation or retardation as it relates to developmental disabilities, said reference shall be deemed to mean and shall mean developmental disabilities, and shall upon enactment of this section be referred to as developmental disabilities.  History of Section.P.L. 2010, ch. 101,  2; P.L. 2010, ch. 105,  2; P.L. 2013, ch. 396,  1. 
 40.1-1-4. Organization of department. All functions, services, and duties of the department of behavioral healthcare, developmental disabilities and hospitals shall be organized by the director with the approval of the governor as to:  (1) Division of behavioral health care which includes the program areas of integrated mental health services and substance abuse treatment and prevention services;  (2) Division of hospitals and community rehabilitation services to include the Zambarano unit, the Cranston unit, and the adult psychiatric services unit of the Eleanor Slater Hospital;  (3) Division of developmental disabilities; and  (4) Management services to include all management, financial, and other services necessary to ensure the proper operation of the department.  History of Section.Reorg. Plan No. 1, 1970; P.L. 1977, ch. 142,  1; P.L. 2001, ch. 387,  1; P.L. 2002, ch. 332,  1. 
 40.1-1-5. Reorganizations within department. Notwithstanding any other provisions of law, any division, bureau, or other unit or agency within the department of behavioral healthcare, developmental disabilities and hospitals, however entitled or described, may at any time be reorganized, divided, consolidated, abolished, or otherwise reconstituted by the director of behavioral healthcare, developmental disabilities and hospitals, with the approval of the governor, as may be desirable for the proper administration and performance of the powers, functions, and duties assigned to the department and any such change shall conform with the requirements of  40.1-1-4.  History of Section.Reorg. Plan No. 1, 1970; P.L. 1977, ch. 142,  1. 
 40.1-1-6. Offices of department. The department of administration shall furnish the state department of behavioral healthcare, developmental disabilities and hospitals offices in which to transact its business and keep its records. Those offices shall be open for business each day of the year except Sundays and legal holidays during hours as may be prescribed by the director.  History of Section.Reorg. Plan No. 1, 1970; P.L. 1977, ch. 142,  1. 
 40.1-1-7. Appointment of employees. The director of the department of behavioral healthcare, developmental disabilities and hospitals, subject to the provisions of chapter 4 of title 36, shall be the appointing authority for all employees of the department, and the director may assign this function to subordinate officers and employees as may to him or her seem feasible or desirable.  History of Section.Reorg. Plan No. 1, 1970; P.L. 1977, ch. 142,  1. 
 40.1-1-8.1. Developmental disability defined. The term developmental disability means a severe, chronic disability of a person that:  (1) Is attributable to a mental or physical impairment or combination of mental and physical impairments;  (2) Is manifested before the person attains age twenty-two (22);  (3) Is likely to continue indefinitely;  (4) Results in substantial functional limitations in three (3) or more of the following areas of major life activity:  (i) Self-care;  (ii) Receptive and expressive language;  (iii) Learning;  (iv) Mobility;  (v) Self-direction;  (vi) Capacity for independent living; and  (vii) Economic self-sufficiency; and  (5) Reflects the persons need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated.  History of Section.P.L. 1972, ch. 145,  1; P.L. 1976, ch. 206,  1; P.L. 1979, ch. 94,  1. 
 40.1-1-8. Federal funds for planning, advocacy, monitoring, evaluation, review, and comment of all state plans regarding individuals with developmental disabilities. The state council on developmental disabilities is hereby designated to be the sole agency of the state to develop and, as approved by the governor, establish a plan for improving services for individuals with developmental disabilities and administer any statewide plan for the provision of care, treatment, diagnosis, rehabilitation, training, or related services, which plan is now or may hereafter be required as a condition to the eligibility for benefits pursuant to the provisions of the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C.  6000 et seq. [repealed], as enacted by Title V of Pub. L. No. 95-602 on November 6, 1978, by the Congress of the United States, and subsequent amendments thereto. The state council on developmental disabilities is also authorized to receive, administer, and expend any funds that may be available under this federal act, or from any other sources public or private, for those purposes.  History of Section.P.L. 1972, ch. 145,  1; P.L. 1976, ch. 206,  1; P.L. 1979, ch. 94,  1; P.L. 1989, ch. 492,  1. 
 40.1-1-9. State council on developmental disabilities. (a) The governor shall establish a state council administratively attached to the university of Rhode Island (hereafter referred to as the university) and make appropriate provisions for the rotation of membership, and appoint such representatives as are required as a condition of eligibility for benefits under the Developmental Disabilities Assistance and Bill of Rights Act of 2000, Pub. L. No. 106-402, codified at 42 U.S.C.  15001 et seq., to consult with the directors of the state departments of behavioral healthcare, developmental disabilities and hospitals, human services, children, youth and families, health, and elementary and secondary education in carrying out the purposes of this chapter.  (b) The council shall review and, where appropriate, make findings and recommendations on programs related to the care provided to persons with developmental disabilities including, but not limited to, other services available to them. The council should continue to strive to see that individuals with developmental disabilities receive the substantial care and assistance that can be provided to them and shall continue to monitor, plan, and evaluate, as may be appropriate, those services and supports affording protections to persons with developmental disabilities.  (c) The council shall submit to the United States Department of Health and Human Services amendments to its state plan, in compliance with the public notice and other requirements of 42 U.S.C.  15024 and 45 C.F.R.  1386.30 and 1386.31, that provide for the councils incorporation as a nonprofit corporation and for the designation of the university of Rhode Island as the state agency that shall, on behalf of the state, provide support to the council. After approval of the amendments, the council shall incorporate as a nonprofit corporation and enter into a memorandum of understanding with the university delineating the roles and responsibilities of the university. Thereafter, the governor shall designate the university as the state agency responsible for providing support services to the council pursuant to 42 U.S.C.  15025(d) and 45 C.F.R.  1386.34.  (d) The university shall have the fiscal and other responsibilities of a designated state agency pursuant to 42 U.S.C.  15025(d) and 45 C.F.R.  1386.34. As required by 42 U.S.C.  15024(c)(5)(L), the university and any other agency, office or entity of the state, shall not interfere with the advocacy, capacity building, systemic change activities, budget, personnel, state plan development, or plan implementation of the council.  History of Section.P.L. 1972, ch. 145,  1; P.L. 1976, ch. 206,  1; P.L. 1979, ch. 94,  1; P.L. 1980, ch. 226,  18; P.L. 1981, ch. 315,  1; P.L. 1982, ch. 414,  16; P.L. 1989, ch. 492,  1; P.L. 2008, ch. 100, art. 9,  1. 
 40.1-10-1  40.1-10-4. [Repealed.]
 40.1-2-1. Definitions. As used in this chapter: (1) Care and treatment means the health services provided on an inpatient or outpatient basis in any facility directly operated by the department. Those services may include, but are not limited to, medical services, nursing care, bed and board, ancillary treatment services, and all other diagnostics and therapeutic items and services provided by the facility.  (2) Charges means the full and customary charges for care and treatment in each facility. Charges shall be calculated and billed in accordance with the rules and regulations promulgated pursuant to  40.1-2-2.  (3) Department means the department of behavioral healthcare, developmental disabilities and hospitals.  (4) Facility means any institutional or other treatment program operated directly by the department.  (5) Patient means:  (i) Every individual who receives care and treatment in a facility, and/or that individuals spouse;  (ii) The patients legal guardian or conservator;  (iii) The executor or administrator of the patients estate if the patient is deceased;  (iv) Any family member, friend, or other individual who has possession or control of all or part of the patients estate.  (6) Patients estate means the patients assets and income, whether in possession or under control of the patient, the patients spouse, the patients legal guardian or conservator, or a family member, friend, or other individual. Assets and income, and their treatment for billing purposes, shall be set forth in the rules and regulations promulgated pursuant to  40.1-2-2.  (7) Third-party programs means any insurance or welfare program, which provides reimbursement for care and treatment.  History of Section.P.L. 1989, ch. 520,  2. 
 40.1-2-10. Establishment of right to balance paid to general treasurer. Any person or persons claiming a right to any moneys paid to the general treasurer may establish that right in the same manner as is provided in the case of unclaimed bank deposits in the hands of the general treasurer.  History of Section.P.L. 1954, ch. 3289,  4; G.L. 1956,  40-2-10; Reorg. Plan No. 1, 1970. 
 40.1-2-11. Abandonment of property of deceased or discharged residents. All personal property, excepting moneys, that shall have been left by any discharged or deceased patient or inmate in any institution under the control of the department of behavioral healthcare, developmental disabilities and hospitals and that, now or hereafter, shall not have been claimed by any of the discharged or deceased patients or inmates, or their next of kin, within one year from the date of discharge or decease, shall be deemed to have been abandoned. All abandoned personal property shall be disposed of as provided in  40.1-2-12.  History of Section.P.L. 1955, ch. 3448,  1; G.L. 1956,  40-2-11; Reorg. Plan No. 1, 1970; P.L. 1997, ch. 326,  135. 
 40.1-2-12. Transfer of abandoned property to the general treasurer. The fiscal agent of the department of behavioral healthcare, developmental disabilities and hospitals shall order the transfer of the abandoned personal property to the general treasurer for sale.  History of Section.P.L. 1955, ch. 3448,  2; G.L. 1956,  40-2-12; Reorg. Plan No. 1, 1970; P.L. 1982, ch. 122,  1. 
 40.1-2-13. Description of abandoned property transferred. The fiscal agent shall, upon ordering transfer of the abandoned personal property, cause to be forwarded to the general treasurer a list or declaration setting forth the name of each discharged or deceased patient or inmate and a description of each article of personal property abandoned as provided in  40.1-2-11.  History of Section.P.L. 1955, ch. 3448,  3; G.L. 1956,  40-2-13; Reorg. Plan No. 1, 1970; P.L. 1982, ch. 122,  1; P.L. 1997, ch. 326,  135. 
 40.1-2-14. Sale of abandoned property  Remission of proceeds. The general treasurer, upon receipt of the abandoned personal property and the list or declaration, shall sell the articles at public sale advertised in a manner that, to the general treasurer, shall seem satisfactory and the general treasurer shall remit the proceeds received from the sale to the fiscal agent together with a list or declaration setting forth the amount of money to be credited to the account of each discharged or deceased patient or inmate.  History of Section.P.L. 1955, ch. 3448,  4; G.L. 1956,  40-2-14; Reorg. Plan No. 1, 1970; P.L. 1982, ch. 122,  1. 
 40.1-2-15. Application of proceeds of sale. The proceeds from the advertised public sale or sales, when received by the fiscal agent, shall be treated by him or her in the same manner as is provided for in  40.1-2-7  40.1-2-10.  History of Section.P.L. 1955, ch. 3448,  5; G.L. 1956,  40-2-15; Reorg. Plan No. 1, 1970. 
 40.1-2-16. Protection of health of residents. In exercising the power and authority to provide for the care and physical welfare of the inmates, prisoners, patients, and pupils in the several institutions under its control and for the protection of the public health, the department of behavioral healthcare, developmental disabilities and hospitals shall furnish all necessary medical aid and attention, and shall take all necessary steps to promote the health of the inmates, prisoners, patients, and pupils, and especially to guard them and the general public against all dangerous, infectious, and contagious diseases at those institutions.  History of Section.P.L. 1917, ch. 1470, art. 4,  1; P.L. 1918, ch. 1613,  1; G.L. 1923, ch. 413, art. 4,  1; G.L. 1938, ch. 54,  1; impl. am. P.L. 1939, ch. 660,  80; G.L. 1956,  40-2-16; Reorg. Plan No. 1, 1970. 
 40.1-2-17. Resident physicians and dentists. The director of the department of behavioral healthcare, developmental disabilities and hospitals shall appoint resident physicians, dentists, and other physicians as may be necessary to give proper attention to the physical and mental welfare of the inmates of the institutions under the control of the department. The general assembly shall annually appropriate the sum as it may deem necessary to compensate those appointees.  History of Section.P.L. 1917, ch. 1470, art. 1,  11; P.L. 1920, ch. 1901,  1; P.L. 1922, ch. 2230,  6; G.L. 1923, ch. 413, art. 1,  11; P.L. 1925, ch. 639,  2; P.L. 1930, ch. 1508,  1; P.L. 1932, ch. 1888,  1; P.L. 1935, ch. 2250,  50, 149; G.L. 1938, ch. 50,  5; impl. am. P.L. 1939, ch. 660,  80; G.L. 1956,  40-2-17; Reorg. Plan No. 1, 1970. 
 40.1-2-18. Examination of inmates for contagious disease  Investigation and report of sources. The department is hereby authorized and directed, by the attending physician at any of the institutions or by such other physician as the director of the department may, from time to time, designate, to use every available means to ascertain the existence of any dangerous, infectious, or contagious disease, including syphilis in the infectious stages and gonococcus infection, among the inmates, prisoners, patients, and pupils of those institutions, and to make examination of any of them suspected of having syphilis in the infectious stages or gonococcus infection, and immediately to investigate the source of the infection, and if ascertained, to report the same to the department of health; and any person committed to or received into any of those institutions by, through, or under any order of court or any process of law shall be deemed to be an inmate, prisoner, patient, or pupil of the institution, as the case may be, within the provisions of  40.1-2-16  40.1-2-21.  History of Section.P.L. 1917, ch. 1470, art. 4,  2; P.L. 1918, ch. 1613,  1; G.L. 1923, ch. 413, art. 4,  2; G.L. 1938, ch. 54,  2; impl. am. P.L. 1939, ch. 660,  180; G.L. 1956,  40-2-18; Reorg. Plan No. 1, 1970. 
 40.1-2-19. Treatment and isolation of diseased residents  Detention after time for release. Every inmate, prisoner, patient, or pupil in any of the institutions under the departments control, who has any dangerous, infectious, or contagious disease, including syphilis in the infectious stages and gonococcus infection, shall be forthwith placed under medical treatment, and if in the opinion of the attending physician it is necessary, shall be isolated until danger of contagion has passed, or until the attending physician determines that further isolation is unnecessary; and if danger of contagion shall not have passed, or if further isolation is still necessary at the expiration of sentence or at the time for discharge or release from the institution, the afflicted inmate, prisoner, patient, or pupil shall be detained in the institution and continued under medical treatment until the attending physician shall determine that his or her discharge or release from the institution will not endanger the public health; and during the period of detention, the person so detained shall be supported in the same manner as before the detention.  History of Section.P.L. 1917, ch. 1470, art. 4,  3; P.L. 1918, ch. 1613,  1; G.L. 1923, ch. 413, art. 4,  3; G.L. 1938, ch. 54,  3; G.L. 1956,  40-2-19; Reorg. Plan No. 1, 1970; P.L. 1999, ch. 83,  105; P.L. 1999, ch. 130,  105. 
 40.1-2-2. Rules and regulations. The department shall adopt, amend, promulgate, and enforce rules and regulations as are deemed necessary to accomplish the purposes of  40.1-2-1  40.1-2-5; provided, however, that all rules and regulations shall be consistent with all applicable state and federal statutes and regulations governing third-party programs.  History of Section.P.L. 1989, ch. 520,  2. 
 40.1-2-20. Records of venereal disease. For the statistical purposes of the department of health, the department of behavioral healthcare, developmental disabilities and hospitals shall keep records of all cases of venereal diseases in institutions under its control, but those records shall not be open to public inspection, and the department of behavioral healthcare, developmental disabilities and hospitals shall make every reasonable effort to keep secret the identity of those with such diseases so far as may be consistent with the enforcement of the provisions of  40.1-2-16  40.1-2-21 and with the protection of the public health.  History of Section.P.L. 1917, ch. 1470, art. 4,  5; P.L. 1918, ch. 1613,  1; G.L. 1923, ch. 413, art. 4,  5; G.L. 1938, ch. 54,  5; impl. am. P.L. 1939, ch. 660,  80, 180; G.L. 1956,  40-2-20; Reorg. Plan No. 1, 1970; P.L. 1999, ch. 83,  105; P.L. 1999, ch. 130,  105. 
 40.1-2-21. Powers as to health of residents. In carrying out the provisions of  40.1-2-16  40.1-2-20 the department is hereby vested with full powers of inspection, examination, isolation, and disinfection of all inmates, prisoners, patients, or pupils in any of those institutions, and those powers may be delegated to and exercised by any attending physician at any of the institutions or by such other physician as the director of the department may, from time to time, designate.  History of Section.P.L. 1917, ch. 1470, art. 4,  4; P.L. 1918, ch. 1613,  1; G.L. 1923, ch. 413, art. 4,  4; G.L. 1938, ch. 54,  4; G.L. 1956,  40-2-21; Reorg. Plan No. 1, 1970. 
 40.1-2-22. Religious instructors and services. The director of the department of behavioral healthcare, developmental disabilities and hospitals shall appoint religious instructors who shall conduct religious services at such times and at such places within institutions under the control of the department, and who shall perform such other duties consistent with their office, as may be required of them by the director of behavioral healthcare, developmental disabilities and hospitals. The general assembly shall annually appropriate a sum as it may deem necessary to compensate those religious instructors.  History of Section.P.L. 1917, ch. 1470, art. 1,  12; P.L. 1922, ch. 2330,  7; G.L. 1923, ch. 413, art. 1,  12; P.L. 1925, ch. 639,  3; P.L. 1935, ch. 2250,  149; G.L. 1938, ch. 50,  6; impl. am. P.L. 1939, ch. 660,  80; G.L. 1956,  40-2-22; Reorg. Plan No. 1, 1970. 
 40.1-2-23. Tenure of officers  Duties  Time devoted to duty  Sales to state by employees  Bond. All officers appointed by the director hereunder shall hold their respective offices during his or her pleasure, and may be removed and their successors appointed by the director at any time. In addition to the duties prescribed for those officers by law, they shall perform such other duties as the director may, from time to time, require not inconsistent with law, and those officers shall make reports and keep records as the director may, from time to time, require in addition to the records and reports that the officers may be required to keep and make by any other provision of law. Those officers, except those named in  40.1-2-17 and 40.1-2-22, shall give their entire time to the duties of their respective offices, and shall not hold any other state office, except that of notary public, or any other position of pay or profit in the service of the state, and shall not furnish for pay or profit any materials, merchandise, or supplies to the state. The director may require any of those officers to give bond to the state for the faithful performance of their duties in the sum and with such surety as to the director may seem advisable.  History of Section.P.L. 1917, ch. 1470, art. 1,  19; P.L. 1922, ch. 2230,  11; G.L. 1923, ch. 413, art. 1,  19; G.L. 1938, ch. 50,  8; G.L. 1956,  40-2-23; Reorg. Plan No. 1, 1970. 
 40.1-2-24. Compensation of officers and employees. The director shall fix the compensation of the officers and employees of the several institutions appointed under the authority of this chapter, and of the other institutions under his or her control, within the sum or sums appropriated to be expended for that purpose.  History of Section.P.L. 1917, ch. 1470, art. 1,  20; G.L. 1923, ch. 413, art. 1,  20; G.L. 1938, ch. 50,  9; G.L. 1956,  40-2-24; Reorg. Plan No. 1, 1970. 
 40.1-2-25. Institutional farms. The director may set apart for cultivation and other farming purposes any of the land under his or her control, whether or not the land is within the limits of any institution defined as provided in this chapter, and may place that land under the care and control of the officer in charge of the institution within the limits of which the land is situated or to which the land is adjacent, or the department may employ some experienced person to take charge of the cultivation of the whole or part of the land devoted to farming purposes and of the farm stock raised thereon, provided that careful account shall be kept of the product of the farming and each institution shall be credited, as near as may be, with the value of the farm product resulting from the labor of its inmates, and shall be charged with the value of all farm product used for the maintenance of the institution. All farm products shall be disposed of as directed by the director of the department of behavioral healthcare, developmental disabilities and hospitals. The director may employ assistance and hire labor as he or she may deem necessary to enable him or her to carry out the provisions of this section and may fix the compensation thereof within the sum appropriated to be expended for that purpose.  History of Section.P.L. 1917, ch. 1470, art. 1,  18; P.L. 1922, ch. 2230,  10; G.L. 1923, ch. 413, art. 1,  18; G.L. 1938, ch. 50,  7; impl. am. P.L. 1939, ch. 660,  80; G.L. 1956,  40-2-25; Reorg. Plan No. 1, 1970; P.L. 1997, ch. 326,  135. 
 40.1-2-26. Supervision of schools in institutions  Qualifications of teachers. The director of the department of behavioral healthcare, developmental disabilities and hospitals shall annually make to the council on elementary and secondary education in the month of July, a report of all the schools maintained in the institutions under its control, the report to be in manner and form as prescribed by law for other educational institutions. The council on elementary and secondary education may visit and inspect those schools and make suggestions to the director of the department of behavioral healthcare, developmental disabilities and hospitals for the improvement of them, as it may deem advisable. All teachers employed in those schools shall hold certificates of qualification as required by law of public school teachers.  History of Section.P.L. 1917, ch. 1470, art. 1,  23; G.L. 1923, ch. 413, art. 1,  22; G.L. 1938, ch. 50,  11; impl. am. P.L. 1939, ch. 660,  80; impl. am. P.L. 1951, ch. 2752,  21; impl. am. P.L. 1956, ch. 3721,  1; G.L. 1956,  40-2-28; P.L. 1960, ch. 73,  1; Reorg. Plan No. 1, 1970. 
 40.1-2-27. Departmental seal. The department shall have a seal that shall have engraved thereon the words Department of behavioral healthcare, developmental disabilities and hospitals, state of Rhode Island, and the seal shall be affixed to all written contracts that the department is authorized and directed to make under the provisions of this chapter, and those contracts shall be signed by the director of the department. The seal shall also be affixed to other orders and papers issued by the department as the department may by rule or order direct.  History of Section.P.L. 1917, ch. 1470, art. 1,  25; G.L. 1923, ch. 413, art. 1,  24; G.L. 1938, ch. 50,  12; impl. am. P.L. 1939, ch. 660,  80; G.L. 1956,  40-2-29; Reorg. Plan No. 1, 1970. 
 40.1-2-28. Annual report to general assembly. (a) The director shall make an annual report to the general assembly during the month of January, setting forth:  (1) The condition and needs of the several institutions under his or her control; the number of inmates in each institution; an abstract of all reports received from officers incident to the performance of their duties.  (2) A complete financial statement of the several institutions, together with estimates of the amounts required for the ensuing year, for salaries and pay, for construction and repairs, and for all other expenses of maintenance.  (3) Information and recommendations as to the director may seem proper for the efficient administration and development of the several institutions, and for promoting the physical, mental, and moral welfare of the inmates thereof, and for measures whereby the number of prospective inmates may be decreased and the number of past inmates kept from returning may be increased, and for any additional legislation needed for these purposes.  (4) Such other information or recommendations as may be requested by the governor or by the general assembly.  (b) The annual report shall be made a matter of public record.  History of Section.P.L. 1917, ch. 1470, art. 1,  21; P.L. 1922, ch. 2230,  12; G.L. 1923, ch. 413, art. 1,  21; G.L. 1938, ch. 50,  10; G.L. 1956,  40-2-30; Reorg. Plan No. 1, 1970. 
 40.1-2-29. Prohibition against duplication of keys. Every key for maximum security units of the several institutions under the control of the department of behavioral healthcare, developmental disabilities and hospitals shall contain embossed thereon the state seal with the words do not duplicate, and whoever reproduces or causes to be reproduced any key without a written order from the director of behavioral healthcare, developmental disabilities and hospitals shall be guilty of a misdemeanor.  History of Section.P.L. 1962, ch. 138,  1; G.L. 1956,  40-2-31; Reorg. Plan No. 1, 1970. 
 40.1-2-3. Investigation of patients estate and eligibility for third-party programs  Billing. The department shall investigate each patients estate and shall also continually monitor each patients eligibility for third-party programs. The department shall seek payment or contribution for the charges for each patients care and treatment from every third-party program for which the patient is eligible. The department shall bill the patient for any charges not covered by third-party programs in accordance with the rules and regulations promulgated pursuant to  40.1-2-2; provided, however, that the department shall not bill the patient for any charges paid by a third-party program.  History of Section.P.L. 1989, ch. 520,  2. 
 40.1-2-30. Petitions for appointment of conservator or legal guardian. The department of behavioral healthcare, developmental disabilities and hospitals shall have standing to petition the appropriate probate court for the appointment of a suitable person to serve as conservator, or to serve as legal guardian of the person or estate or both, of any patient or client served in any facility operated by the department.  History of Section.P.L. 1989, ch. 520,  2. 
 40.1-2-4. Disclosure of information about patients estate. Any bank or other custodian of assets or income that is part of any patients estate shall be required to disclose the existence, nature, and amount of the assets and income upon written request of the department. The department shall not disclose, directly or indirectly, any information so obtained, except as provided in the rules and regulations promulgated pursuant to  40.1-2-2.  History of Section.P.L. 1989, ch. 520,  2. 
 40.1-2-5. Duty of patient to pay charges for care and treatment  Court action for collection. Every patient shall pay, from the patients estate, all charges billed to the patient for care and treatment in a facility. The department may undertake any action, including, but not limited to, court action, to reach the estate of a patient who has accrued unpaid charges for care and treatment. The department may also accept less than the full amount owed in full settlement, in accordance with rules and regulations promulgated pursuant to  40.1-2-2.  History of Section.P.L. 1989, ch. 520,  2. 
 40.1-2-6. Records and reports as to institution residents. The department of behavioral healthcare, developmental disabilities and hospitals shall keep a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or commitment of every patient or client in the several institutions under the control of the department; the date, cause, and terms of discharge, and the condition of those persons at the time of leaving; all transfers from one institution to another; and if any patient or client dies, the date and cause of death. These and such other facts as the department may, from time to time, require shall be furnished by the managing officer of each institution to the director of the department of behavioral healthcare, developmental disabilities and hospitals within twenty-four (24) hours after the commitment, entrance, death, or discharge of any patient or client. In case of an accident, injury, or death under peculiar circumstances of a patient or client, the managing officer shall make a special report within twenty-four (24) hours thereafter to the director, giving the circumstances of the injury or death as fully as possible. The record shall be accessible only to the director of the department, the officers, agents, and employees thereof, except by permission of the director or upon order of the governor or of a judge of a court of record. Whenever it is required by law that a notice, order, or other communication be made to the department, it shall be a sufficient compliance with the law if the notice, order, or other communication is made to the director of behavioral healthcare, developmental disabilities and hospitals.  History of Section.P.L. 1989, ch. 520,  2. 
 40.1-2-7. Application of funds deposited to care and treatment of residents. The fiscal agent of the department of behavioral healthcare, developmental disabilities and hospitals shall apply any funds now or hereafter deposited in the name of any discharged or deceased patient or inmate in any institution under the control of the department of behavioral healthcare, developmental disabilities and hospitals as partial or full payment, as the case may be, for the care and treatment of the patient or inmate.  History of Section.P.L. 1954, ch. 3289,  1; G.L. 1956,  40-2-7; Reorg. Plan No. 1, 1970. 
 40.1-2-8. Notice of balance to credit of deceased or discharged resident. When a balance remains after the payment of the amount due the department of behavioral healthcare, developmental disabilities and hospitals for care and treatment, the fiscal agent shall cause notice of the balance to be mailed, postage prepaid, to each discharged patient or inmate at his or her last known address or to the nearest known next of kin of the deceased patient or inmate.  History of Section.P.L. 1954, ch. 3289,  2; G.L. 1956,  40-2-8; Reorg. Plan No. 1, 1970. 
 40.1-2-9. Payment of balance to general treasurer. The balance as shall remain after the amount due the department of behavioral healthcare, developmental disabilities and hospitals for the care and treatment of a discharged or deceased patient or inmate is applied in payment thereof shall be paid over to the general treasurer by the fiscal agent.  History of Section.P.L. 1954, ch. 3289,  3; G.L. 1956,  40-2-9; Reorg. Plan No. 1, 1970. 
 40.1-21-1. Developmental disabilities services. The department of behavioral healthcare, developmental disabilities and hospitals shall be required to plan, develop, coordinate, and administer a complete, comprehensive, and integrated statewide program for developmentally disabled adults.  History of Section.P.L. 1967, ch. 223,  1; P.L. 1968, ch. 178,  1; Reorg. Plan No. 1, 1970; G.L. 1956,  23-43-1; P.L. 1979, ch. 39,  1; P.L. 1987, ch. 181,  2; P.L. 1995, ch. 122,  1. 
 40.1-21-10. Appropriations. The general assembly shall annually appropriate such sums as it deems necessary to enable the director of behavioral healthcare, developmental disabilities and hospitals to provide or secure services for developmentally disabled adults of this state; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums, or so much thereof as may be required from time to time, upon the receipt by him or her of vouchers properly authenticated.  History of Section.P.L. 1968, ch. 178,  1; Reorg. Plan No. 1, 1970; G.L. 1956,  23-43-10; P.L. 1979, ch. 39,  1; P.L. 1987, ch. 181,  2; P.L. 1995, ch. 122,  1. 
 40.1-21-11. References to director or assistant director of social welfare. Whenever, in any general or special law, reference is or shall be made to the director of social welfare or the assistant director of social welfare for curative services pertaining to the Doctor Joseph H. Ladd Center, programs, and services for people who are mentally retarded, the reference shall mean, and be construed to mean, the director of behavioral healthcare, developmental disabilities and hospitals.  History of Section.P.L. 1968, ch. 178,  1; Reorg. Plan No. 1, 1970; G.L. 1956,  23-43-11; P.L. 1979, ch. 39,  1; P.L. 1999, ch. 83,  110; P.L. 1999, ch. 130,  110. 
 40.1-21-12. Rules and regulations. The director of behavioral healthcare, developmental disabilities and hospitals, after consultation with the Rhode Island developmental disabilities council, shall make and promulgate such rules and regulations pertaining to services for developmentally disabled adults as specified in this chapter when the services are provided in whole or in part by the use of state and/or federal funds earmarked for developmentally disabled persons.  History of Section.P.L. 1968, ch. 178,  1; Reorg. Plan No. 1, 1970; G.L. 1956,  23-43-12; P.L. 1979, ch. 39,  1; P.L. 1987, ch. 181,  2; P.L. 1995, ch. 122,  1. 
 40.1-21-13. Other obligations. Nothing in this chapter shall be construed to relieve any agency, state or local, from its obligations to provide services to the developmentally disabled citizens of this state.  History of Section.P.L. 1987, ch. 181,  4; P.L. 1995, ch. 122,  1. 
 40.1-21-14. [Repealed.] History of Section.P.L. 1989, ch. 213,  1; P.L. 1993, ch. 120,  5; Repealed by P.L. 1995, ch. 122,  1, effective July 1, 1995. 
 40.1-21-15. Self-sufficiency trust fund. (a) There is hereby created the self-sufficiency trust fund. The state treasurer, ex officio, shall be custodian of the trust fund, and the controller shall direct payments from the trust fund upon vouchers properly certified by the director of behavioral healthcare, developmental disabilities and hospitals. The treasurer shall credit interest on the trust fund to the trust fund, and the director shall allocate the interest pro rate to the respective accounts of the named beneficiaries of the trust fund. For the purposes of this section, the term self-sufficiency trust means a trust created by a nonprofit corporation that is a 501(c)(3) organization under the United States Internal Revenue Code of 1954, 26 U.S.C.  501(c)(3), and that was organized under the Nonprofit Corporation Act, chapter 6 of title 7, for the purpose of providing for the care or treatment of one or more persons with disabilities or persons otherwise eligible for department services.  (b) The department shall adopt rules and procedures under the administrative procedures act, chapter 35 of title 42, as may be necessary or useful for the administration of the trust fund.  History of Section.P.L. 1990, ch. 436,  1; P.L. 1999, ch. 83,  110; P.L. 1999, ch. 130,  110. 
 40.1-21-16. Administration of self-sufficiency trust fund. (a) The department of behavioral healthcare, developmental disabilities and hospitals may accept money from a self-sufficiency trust for deposit in the trust fund pursuant to an agreement with the trust naming one or more beneficiaries who are persons with disabilities or persons otherwise eligible for department services residing in this state and specifying the care or treatment to be provided for them. The department shall maintain a separate account in the trust fund for each named beneficiary.  (b) The money in these accounts shall be spent by the department, pursuant to its rules, only to provide care and treatment for the named beneficiaries in accordance with the terms of the agreement.  (c) In the event that the director determines that the money in the account of a named beneficiary cannot be used for the care or treatment of the beneficiary in a manner consistent with the rules of the department and the agreement, or upon request of the self-sufficiency trust, the remaining money in that account, together with any accumulated interest on that account, shall be promptly returned to the self-sufficiency trust that deposited the money in the trust fund.  (d) The receipt by a beneficiary of money from the trust fund or of care or treatment provided with that money, shall not in any way reduce, impair, or diminish the benefits to which the beneficiary is otherwise entitled by law.  History of Section.P.L. 1990, ch. 436,  1; P.L. 1999, ch. 83,  110; P.L. 1999, ch. 130,  110. 
 40.1-21-17. Special restricted fund. The fund for persons who are disabled is created as a special restricted-receipt fund from the state treasury. The director may accept money from any source for deposit into the fund. The money in the fund shall be used by the department, subject to an appropriation, for the purpose of providing for the care and treatment of low-income persons with disabilities or low-income persons otherwise eligible for department services, as defined by the department.  History of Section.P.L. 1990, ch. 436,  1; P.L. 1999, ch. 83,  110; P.L. 1999, ch. 130,  110. 
 40.1-21-18. Release of grant-agreement liens. The department of behavioral healthcare, developmental disabilities and hospitals shall discharge and file releases of grant-agreement liens in the land evidence records of the municipality where the real estate is located, entered into between the department and providers of services for individuals with developmental disabilities prior to July 1, 2008. The department shall waive any and all right, title, and interest in and to any and all properties where grants are in place. Provided, however, each provider of services for individuals with developmental disabilities shall demonstrate that the release of grant-agreement liens, and revenue generated as a direct result thereof, will be applied to community-based services for persons with developmental disabilities pursuant to a plan submitted to the department. The approval by the department for the discharge and release of liens shall not be unreasonably withheld. Nothing herein shall be construed to release the departments interest in a home owned by the state of Rhode Island.  History of Section.P.L. 2008, ch. 100, art. 39,  1. 
 40.1-21-2.1. Change of former name. Whenever in any existing law, regulation, or document, reference is made to the division of retardation and developmental disabilities, the term division of developmental disabilities shall be used in lieu thereof.  History of Section.P.L. 1993, ch. 120,  6. 
 40.1-21-2. Division of developmental disabilities established. There shall be established a division of developmental disabilities within the department of behavioral healthcare, developmental disabilities and hospitals to carry out the intent and purposes of this chapter. There shall be an executive director of the division of developmental disabilities within the department who shall serve as the chief executive of the division.  History of Section.P.L. 1967, ch. 223,  1; P.L. 1968, ch. 178,  1; Reorg. Plan No. 1, 1970; G.L. 1956,  23-43-2; P.L. 1979, ch. 39,  1; P.L. 1987, ch. 181,  2; P.L. 1993, ch. 120,  2; P.L. 1995, ch. 122,  1. 
 40.1-21-3  40.1-21-3.2. [Repealed.]
 40.1-21-4.1. [Repealed.] History of Section.P.L. 1983, ch. 158,  1; Repealed by P.L. 1987, ch. 181,  3, effective January 1, 1988. 
 40.1-21-4.2. Declaration of purpose. There is presently no single state agency that provides or secures services that many developmentally disabled citizens may require. Therefore, the purposes of this chapter are as follows:  (1) To establish a division of developmental disabilities within the department of behavioral healthcare, developmental disabilities and hospitals;  (2) To advance the public interest, to promote, safeguard, and protect the human dignity, constitutional and statutory rights and liberties, social well-being, and general welfare of all developmentally disabled citizens of the state;  (3) To provide or to secure certain social, protective, and other types of appropriate services for all developmentally disabled citizens;  (4) To promote the coordination of all available services, both generic and specialized, for all developmentally disabled citizens under public and private auspices;  (5) To ensure that all developmentally disabled adults in this state receive developmental, supportive, and ancillary services as prescribed in an individualized program plan, developed with the participation of the developmentally disabled person and his or her family or guardian or advocate; and  (6) To promote a comprehensive system to support the families of developmentally disabled adults in their own homes and environments, and to encourage families to maintain their developmentally disabled relatives in their own homes when appropriate.  History of Section.P.L. 1987, ch. 181,  4; P.L. 1993, ch. 120,  4; P.L. 1995, ch. 122,  1. 
 40.1-21-4.3. Definitions. As used in this chapter and in chapter 22 of this title the words: (1) Ancillary services means those services provided, and shall include, but not be limited to, transportation, housing, housing adaptation, personal attendant care, and homemaker services.  (2) Case management means the implementation of an individuals program by providing information, by referral to appropriate service providers, by procurement of services, and by the coordination of the necessary services.  (3) Department means the Rhode Island department of behavioral healthcare, developmental disabilities and hospitals.  (4) Developmental services means those services provided to developmentally disabled adults, and shall include, but not be limited to, habilitation and rehabilitation services, and day services.  (5) Developmentally disabled adult means a person, eighteen (18) years old or older and not under the jurisdiction of the department of children, youth and families who is either a mentally retarded developmentally disabled adult or is a person with a severe, chronic disability that:  (i) Is attributable to a mental or physical impairment or combination of mental and physical impairments;  (ii) Is manifested before the person attains age twenty-two (22);  (iii) Is likely to continue indefinitely;  (iv) Results in substantial functional limitations in three (3) or more of the following areas of major life activity:  (A) Self care;  (B) Receptive and expressive language;  (C) Learning;  (D) Mobility;  (E) Self-direction;  (F) Capacity for independent living;  (G) Economic self-sufficiency; and  (v) Reflects the persons need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. For purposes of funding, it is understood that students enrolled in school will continue to receive education from their local education authority in accordance with  16-24-1 et seq.  (6) Diagnosis and evaluation means a process to determine whether and to what extent an individual is developmentally disabled and a study of the individuals condition, situation, and needs that lead to a recommendation of what services, if any, would benefit the individual.  (7) Individualized program plan or general service plan means a plan, however named, that includes, but shall not be limited to, the following:  (i) An evaluation of the strengths, difficulties, needs, and goals of the individual;  (ii) A description of those services found to be necessary or appropriate to assist the individual in realizing his or her potential for self-sufficiency in major life activities;  (iii) A description of the agencies and/or individuals, who or that are proposed to provide each of the recommended services;  (iv) The intermediate and long-range objectives for the individuals development and habilitation;  (v) The expected duration for the provision of the services;  (vi) A description of the tests and other evaluative devices used and their results;  (vii) Proposed criteria for monitoring and evaluating the success of the services in meeting the individuals needs; and  (viii) The signatures of the preparers of the plan and the date.  The individual program plan shall indicate developmental, supportive, or ancillary services by function and frequency, the manner of subsidy and delivery and the categories of need for services such as transportation, job training, or occupation, housing, housing adaptation, personal attendant care, homemaker, or other services. This plan shall be reviewed at least annually; provided, however, that authorizations for services and funding issued prior to July 1, 2011, are null and void. Authorizations will be paid at the rate effective in the quarter the service was provided.  (8) Mentally retarded developmentally disabled adult means a person eighteen (18) years old or older and not under the jurisdiction of the department of children, youth and families, with significant sub-average, general intellectual functioning two (2) standard deviations below the norm, existing concurrently with deficits in adaptive behavior and manifested during the developmental period. For purposes of funding, it is understood that students enrolled in school will continue to receive education from their local education authority in accordance with  16-24-1 et seq.  (9) Service broker means that individual who assists in facilitating the connection between the developmentally disabled person and the services required by the individual program plan.  (10) Subsidized access to service means the provisions of financial resources through vouchers to a developmentally disabled person to enable the person to gain access to appropriate generic and/or special services as required by the individual program plan.  (11) Supportive services means those services provided to developmentally disabled adults, and shall include, but not be limited to, occupational therapy, physical therapy, psychological services, counseling, nursing services, and medical services.  History of Section.P.L. 1987, ch. 181,  4; P.L. 1991, ch. 301,  3; P.L. 1995, ch. 122,  1; P.L. 2011, ch. 151, art. 9,  23. 
 40.1-21-4.4. [Repealed.] History of Section.P.L. 1993, ch. 244,  2; Repealed by P.L. 2008, ch. 100, art. 17,  11, effective June 26, 2008. 
 40.1-21-4. Powers and duties of director of behavioral healthcare, developmental disabilities and hospitals. (a) The director of behavioral healthcare, developmental disabilities and hospitals shall be responsible for planning and developing a complete, comprehensive, and integrated statewide program for the developmentally disabled; for the implementation of the program; and for the coordination of the efforts of the department of behavioral healthcare, developmental disabilities and hospitals with those of other state departments and agencies, municipal governments, as well as the federal government and private agencies concerned with and providing services for the developmentally disabled.  (b) The director shall be responsible for the administration and operation of all state-operated community and residential facilities established for the diagnosis, care, and training of the developmentally disabled. The director shall be responsible for establishing standards in conformance with generally accepted professional thought and for providing technical assistance to all state-supported and licensed habilitative, developmental, residential, and other facilities for the developmentally disabled, and exercise the requisite surveillance and inspection to ensure compliance with standards. Provided, however, that none of the foregoing shall be applicable to any of the facilities wholly within the control of any other department of state government.  (c) The director of behavioral healthcare, developmental disabilities and hospitals shall stimulate research by public and private agencies, institutions of higher learning, and hospitals in the interest of the elimination and amelioration of developmental disabilities and care and training of the developmentally disabled.  (d) The director shall be responsible for the development of criteria as to the eligibility for admittance of any developmentally disabled person for residential care in any department-supported and licensed residential facility or agency.  (e) The director of behavioral healthcare, developmental disabilities and hospitals may transfer developmentally disabled adults from one state residential facility to another when deemed necessary or desirable for their better care and welfare.  (f) The director of behavioral healthcare, developmental disabilities and hospitals shall make grants-in-aid and otherwise provide financial assistance to the various communities and private nonprofit agencies, in amounts that will enable all developmentally disabled adults to receive developmental and other services appropriate to their individual needs.  (g) The director shall coordinate all planning for the construction of facilities for the developmentally disabled, and the expenditure of funds appropriated or otherwise made available to the state for this purpose.  (h) To ensure individuals eligible for services under  40.1-21-4.3 receive the appropriate medical benefits through the executive office of health and human services Medicaid program, the director, or designee, will work in coordination with the Medicaid program to determine if an individual is eligible for long-term-care services and supports and that he or she has the option to enroll in the Medicaid program that offers these services. As part of the monthly reporting requirements, the department will indicate how many individuals have declined enrollment in a managed care plan that offers these long-term-care services.  History of Section.P.L. 1967, ch. 223,  1; G.L. 1956,  23-43-3; P.L. 1968, ch. 178,  1; Reorg. Plan No. 1, 1970; G.L. 1956,  23-43-4; P.L. 1979, ch. 39,  1; G.L. 1956,  40.1-21-4; P.L. 1987, ch. 181,  2; P.L. 1995, ch. 122,  1; P.L. 2006, ch. 216,  30; P.L. 2018, ch. 47, art. 13,  5. 
 40.1-21-5. [Repealed.] History of Section.P.L. 1968, ch. 178,  1; Reorg. Plan No. 1, 1970; G.L. 1956,  23-43-5; P.L. 1979, ch. 39,  1; Repealed by P.L. 1995, ch. 122,  1, effective July 1, 1995. 
 40.1-21-6.1. Admission to developmental disabilities services. Adults who are developmentally disabled shall be admitted for developmental disability services under the provisions of this chapter within the limit of available appropriations in accordance with the following procedures:  (1) Any person believed to be developmentally disabled, a parent, guardian, relative, or advocate of the person may be referred or make written application to the department on forms provided by the department for diagnosis and evaluation.  (2) After the identification diagnosis and evaluation is completed:  (i) It shall be determined if the person is developmentally disabled, and, if so, the degree of impairment;  (ii) Recommendations shall be made as to what services, if any, the person requires; and  (iii) An individualized program plan for each adult, who is developmentally disabled, shall be established, and funding and case management or subsidized access with or without service brokerage shall be determined;  (iv) Every effort shall be made to involve the person who is developmentally disabled, his or her guardian, parent, relative, or advocate in the creation of the individualized program plan; and  (v) Each person and his or her parent or guardian shall be provided a written copy of an approved, individualized program plan developed for the person.  History of Section.P.L. 1987, ch. 181,  4; P.L. 1995, ch. 122,  1; P.L. 1999, ch. 83,  110; P.L. 1999, ch. 130,  110. 
 40.1-21-6. The John E. Fogarty Institute of Rhode Island. The department of behavioral healthcare, developmental disabilities and hospitals is hereby authorized and directed, within the funds currently available or to be made available in the future, to plan for and foster the establishment of a university-affiliated developmental disabilities center which shall be devoted, but not limited, to the education and training of personnel in all fields related to developmental disabilities and to research in developmental disabilities which shall be known as The John E. Fogarty Institute of Rhode Island.  History of Section.P.L. 1967, ch. 223,  1; G.L. 1956,  23-43-4; P.L. 1968, ch. 178,  1; Reorg. Plan No. 1, 1970; G.L. 1956,  23-43-6; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  1. 
 40.1-21-7. Authority to lease. Notwithstanding the provisions of  42-11-2, the department of behavioral healthcare, developmental disabilities and hospitals may make available, on such terms and conditions and for such periods as it deems proper, facilities under its jurisdiction, or space therein, to affiliating institutions of higher learning and public and private nonprofit agencies, provided that the premises are utilized for direct or supportive services to the developmentally disabled and their families, and/or for education and training of any discipline concerned with the problems of developmental disabilities and/or research directed to the problems of developmental disabilities.  History of Section.P.L. 1967, ch. 223,  1; G.L. 1956,  23-43-5; P.L. 1968, ch. 178,  1; Reorg. Plan No. 1, 1970; G.L. 1956,  23-43-7; P.L. 1979, ch. 39,  1; P.L. 1987, ch. 181,  2; P.L. 1995, ch. 122,  1. 
 40.1-21-8. Designation and assignment of functions and funds. (a) Whenever the duties of the head of any existing department, division, board, commission, or other agency or of any other officer are prescribed by law, and the duties of the person have been transferred by this chapter to the department of behavioral healthcare, developmental disabilities and hospitals, the director of behavioral healthcare, developmental disabilities and hospitals may designate some officer or other subordinate within the department of behavioral healthcare, developmental disabilities and hospitals to perform the duties.  (b) Upon the transfer of any functions of any department or agency to the department of behavioral healthcare, developmental disabilities and hospitals pursuant to this chapter, the governor is authorized to transfer or reallocate, in whole or part, by executive order, the appropriations affected thereby.  History of Section.P.L. 1967, ch. 223,  1; G.L. 1956,  23-43-6; P.L. 1968, ch. 178,  1; Reorg. Plan No. 1, 1970; G.L. 1956,  23-43-8; P.L. 1979, ch. 39,  1; P.L. 1987, ch. 181,  2. 
 40.1-21-9. Transfer of records. Unless otherwise expressly provided by this chapter, the head of a department, division, or other administrative agency, whose functions, powers, and duties are assigned and transferred by this chapter to the department of behavioral healthcare, developmental disabilities and hospitals, shall deliver to the department of behavioral healthcare, developmental disabilities and hospitals all contracts, books, maps, plans, papers, records, and property of every description that is within the jurisdiction or control of the head of a department, division, or other administrative agency. The director of behavioral healthcare, developmental disabilities and hospitals is hereby authorized to take possession thereof.  History of Section.P.L. 1967, ch. 223,  1; G.L. 1956,  23-43-7; P.L. 1968, ch. 178,  1; Reorg. Plan No. 1, 1970; G.L. 1956,  23-43-9; P.L. 1979, ch. 39,  1; P.L. 1987, ch. 181,  2. 
 40.1-22.1-1  40.1-22.1-15. [Repealed.]
 40.1-22-1. Short title. This chapter shall be known as the Developmental Disabilities Law. History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-1; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2. 
 40.1-22-10. Discharges  Judicial review. (a) Any resident over eighteen (18) years of age or married residents under eighteen (18), except any resident who is under court-ordered restriction, shall be free to leave any public or private developmental disabilities facility at any time upon giving written or oral notice of the intention to the superintendent or other head of the facility. The superintendent or other head of the facility may restrict the right to leave the facility to normal working hours and weekdays and, in his or her discretion, may require that certain residents give three (3) days notice of their intention to leave the facility.  (b) Where persons are required to give three (3) days notice of an intention to leave the facility, an examination of the person may be conducted by a team to determine his or her suitability for discharge and to investigate other aspects of his or her case including his or her legal competency and his or her family, home, or community situation to the interest of discharging him or her from the facility.  (c) If, however, the superintendent or other head of the facility determines that discharge of a person who has given three (3) days notice would create a likelihood of serious harm to the person himself or herself or to other people by reason of the persons developmental disability, he or she shall forthwith petition the district court of the judicial district wherein the facility is located to order that the person be further retained as a resident. The superintendent or other head may retain the person until the hearing on the petition has been held.  (d) The court shall cause a notice, as defined in this chapter, of the time and place set for the hearing to be served upon the person and the nearest relative or guardian of the person and the superintendent or other head of the facility. In all hearings, the person shall be represented by legal counsel and may present independent clinical testimony. If the person is found by the court to be indigent, counsel shall be appointed by the court and an independent clinical examination, if requested by counsel for the person, may be provided by the court. The person shall be allowed not less than forty-eight (48) hours after the appearance of counsel on his or her behalf in which to prepare his or her case. The person or his or her representative may request either an open or closed hearing in any court proceedings and the court in its discretion may grant the requests.  (e) If the court finds after the hearing that the discharge of the person would create a likelihood of serious harm to the person himself or herself or to other people by reason of developmental disability, the court shall order that the person be further retained as a resident and the person may not, during the next six-month (6) period, leave the facility except by permission of the superintendent or other head of the facility and no further court action shall be necessary to retain the person during the period. If the court does not so find, it shall order that the person be forthwith discharged.  (f) Any person aggrieved by the decision of a district court order for further residential care under the provisions of this section may appeal the findings and order of the district court de novo to the court having appellate jurisdiction wherein the facility is located. In an appeal to a court under the provisions of this section, the findings and order of the district court may be introduced into evidence by either party. If the appellate court finds after a hearing that discharge of the person would create a likelihood of serious harm to the person him or herself or to other people by reason of developmental disability, the court shall order that the person be further retained as a resident and as such may not, during the next six-month (6) period, leave the facility except by permission of the superintendent or other head of the facility, and no further court order shall be necessary to retain the person during the period.  (g) As the basis for its order the appellate court shall make written findings as to the following:  (1) That the person is developmentally disabled and the evidence upon which this determination is based; and  (2) That, in accordance with the definition of developmental disability in 40.1-21-4.3(5) as indicated by the court, the discharge of the person would create a likelihood of serious harm to the person himself or herself or to other people by reason of the developmental disability and the evidence upon which this determination is based; and  (3) Any other issue or evidence, which the court deems relevant and necessary for inclusion in its findings. If the court finds that the person does not meet the definition of developmental disability in chapter 21 of this title such that there does not exist a likelihood of serious harm to the person himself or herself or to other people by reason of the developmental disability, it shall order that the person be forthwith discharged.  (h) If, at the end of any six-month (6) period of retention, the person is still in need of care and treatment, he or she may, if he or she so desires, be admitted or transferred to other care and treatment in the same or another facility. If the person is unwilling to consent to continued residence, he or she shall be discharged; provided, however, that, if the superintendent or other head of the facility determines that the discharge would create a likelihood of serious harm to the person himself or herself or to other people by reason of developmental disability, he or she shall, prior to the expiration of the six-month (6) period, petition the district court which made the earlier order to order, under the same procedures, that the person be further retained as a resident, and the person may not during the next one-year period leave the facility except by permission of the superintendent or other head of the facility and no further court order shall be necessary to retain the person during the period. The order may be renewed by the court for additional one-year periods on petition of the superintendent or other head of the facility under the same conditions and procedures and opportunity for judicial review as above. The superintendent or other head of the facility shall be immune from civil suit for damages for retaining a person and petitioning the court pursuant to the provisions of this section.  (i) Whenever a person before the district court appears to be developmentally disabled and the court determines either that the crime has not been committed or that there is not sufficient cause to believe that the person is guilty thereof, the court may order evaluation procedures as previously provided in this section, or after a hearing as provided in subsections (d) and (e), and in such a case the criminal action shall terminate.  History of Section.P.L. 1970, ch. 324,  1; P.L. 1978, ch. 195,  1; G.L. 1956,  23-43.1-10; P.L. 1979, ch. 39,  1; P.L. 1995 ch. 122,  2. 
 40.1-22-11. [Repealed.] History of Section.P.L. 1970, ch. 324,  1; P.L. 1978, ch. 195,  1; G.L. 1956,  23-43.1-11; P.L. 1979, ch. 39,  1; Repealed by P.L. 1995, ch. 122,  2, effective July 1, 1995. 
 40.1-22-12. Forwarding of clients letters. All letters written by clients in any public or private developmental disabilities facility shall be forwarded unopened.  History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-12; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2. 
 40.1-22-13. Visits. No public or private developmental disabilities facility shall restrict the visiting of a client by anyone at any time of the day or night; however, in special circumstances when the client is ill or incapacitated and a visit would not be in his or her best interest, visitation may be restricted temporarily during the illness or incapacity when documented in the clients individualized program plan, as defined in  40.1-21-4.3(7).  History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-13; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2; P.L. 2019, ch. 88, art. 13,  10. 
 40.1-22-14. Retention of client for more than six (6) months. In cases other than voluntary admissions, if it is determined that care and treatment for a period in excess of six (6) months is required, and no prior application for a hearing was made by the client or someone in his or her behalf, then to retain a client beyond the period, the official in charge of the facility to which the client was admitted shall notify the client, his or her spouse and nearest relative, if known, and the applicant petitioning for his or her original admission, if available, of the clients right to a hearing on the issue of his or her continued retention. If no request for a hearing is made within ten (10) days of notification, the client may be retained for an additional six-month (6) period, subject thereafter to similar notifications, at least, annually.  History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-14; P.L. 1979, ch. 39,  1. 
 40.1-22-15. Hearings. In the case of a hearing the matter shall be heard as provided in  40.1-22-10, so far as possible. History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-15; P.L. 1979, ch. 39,  1. 
 40.1-22-16. Discharge. The director or the superintendent or official in charge of any facility, on having his or her reasons noted on the clients record, may discharge any client:  (1) Who, in his or her judgment, is substantially improved.  (2) Who, in his or her opinion, is not developmentally disabled.  (3) Who is not substantially improved but whose discharge, in his or her judgment, will not be detrimental to the public welfare or injurious to the client.  History of Section.P.L. 1970, ch. 324,  1; P.L. 1976, ch. 262,  1; G.L. 1956,  23-43.1-16; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2. 
 40.1-22-17. Refusal to discharge. (a) When the official in charge of any facility is unwilling to certify to the discharge of an unimproved client upon request, and so certifies in writing, noting his or her reasons therefor, in the clients record, he or she shall give a copy thereof to the person applying for the release and to the director.  (b) If provisions for the review of the question of the clients detention as elsewhere provided in this chapter are not available to the client, then recourse may be had to a justice of the district court for a hearing upon the matter set forth in the record provided for in subsection (a). At a hearing the burden of proving the lack of need of retention for further care and treatment shall be upon the person petitioning for the release of the client. At a hearing the court may enter such an order as the exigencies of the case, as disclosed by the evidence, may require.  History of Section.P.L. 1970, ch. 324,  1; P.L. 1978, ch. 195,  1; G.L. 1956,  23-43.1-17; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2. 
 40.1-22-18. [Repealed.] History of Section.P.L. 1970, ch. 324,  1; P.L. 1971, ch. 266,  1; P.L. 1978, ch. 195,  1; G.L. 1956,  23-43.1-18; P.L. 1979, ch. 39,  1; Repealed by P.L. 1995, ch. 122,  2, effective July 1, 1995. 
 40.1-22-19. Aliens and nonresidents. (a) The director shall be responsible for the investigation and examination of all alien and nonresident persons who are developmentally disabled in any facility under the jurisdiction of the department of health, department of human services or elsewhere if admitted pursuant to the provisions of this chapter, and to attend to the deportation or removal of such persons to their respective countries or places of residence.  (b) The director may make reciprocal agreements with other states or political subdivisions thereof to provide for prompt humane return under proper supervision of developmentally disabled residents of other states or political subdivisions thereof.  (c) In the case of nonresidents the director shall cause them to be removed to the state of their residence, except that he or she may defer the action where the removal would cause the developmentally disabled person undue hardship unless the interests of the state and other clients would be materially harmed by the deferment.  (d) The director shall designate such person or persons as deemed necessary to accompany clients, unless it be certified by the director that clients are in a condition to travel alone in safety.  (e) The director in his or her discretion may, upon the request of any developmentally disabled person resident in a facility or upon the written consent of a relative, legal representative, or qualified friend, remove the person to any country, other state, or place in which he or she may properly belong.  (f) For the purposes of this section the director, or his or her duly designated representative acting in his or her behalf in the matter, shall have the power to administer oaths, hold hearings, take testimony, issue subpoenas duces tecum, and subpoena and compel the attendance of witnesses who may have information in respect to the residence of the developmentally disabled person under investigation. Subpoenas issued under this section shall be regulated by civil practice law and rules.  History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-19; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2; P.L. 2020, ch. 79, art. 1,  39. 
 40.1-22-2. [Repealed.] History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-2; P.L. 1979, ch. 39,  1; Repealed by P.L. 1995, ch. 122,  2, effective July 1, 1995. 
 40.1-22-20. Exclusiveness of this chapter. Where under any provision of any existing law, except in the case of a person held under criminal process, any person coming within the definition of a developmentally disabled adult as defined in this chapter, shall have recourse to or be dealt with as provided in this chapter, exclusively.  History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-20; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2; P.L. 1997, ch. 326,  139. 
 40.1-22-21. State support of poor or indigent clients. The director may maintain without charge or defray the expense of care and treatment of such poor or indigent persons as are developmentally disabled clients under treatment in accordance with the provisions of this chapter who are residents of this state and proper subjects of state aid, who may have been admitted to any facility under the provisions hereof, and are not eligible for any other federal and/or state financial assistance.  History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-21; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2. 
 40.1-22-22. Guardians ad litem. (a) At any hearing hereunder, the court may appoint guardians ad litem to represent any client in matters of admission or retention under the provisions of this law. It shall be the duty of the guardian ad litem to make an investigation of the facts, and to report the facts to the court with his or her recommendations, if any.  (b) The guardian ad litem shall be paid for his or her services, in an amount to be approved by the court, and the guardian ad litems services shall be paid from the estate of the client, or if so ordered by the court, shall be paid by the state and reimbursement shall be had by the state from the estate and assets of the developmentally disabled person in the manner as reimbursement for care and treatment is had by the state.  History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-22; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2. 
 40.1-22-23. Emergency medical or surgical care. Whenever it shall be brought to the attention of the person in charge of a facility, that a client who is resident in that facility is in need of emergency medical and/or surgical care and treatment on the written advice of a physician licensed to practice in Rhode Island, and if the client is eighteen (18) years of age or older, the client shall be the sole person able to authorize the treatment in writing. If it shall be brought to the attention of the official in charge of the facility that the client is unable to comprehend or understand the treatment to which he or she is voluntarily consenting, or because of his or her medical condition is not able to voluntarily consent, or in the case of a minor the parents or guardian after due diligence cannot be located, and only in those events shall the official in charge of the facility be authorized to sign a consent to authorize emergency treatment on behalf of the client. The signed consent by the official shall be considered valid, and as if the client shall voluntarily and with full understanding have himself or herself signed the consent.  History of Section.P.L. 1970, ch. 324,  1; P.L. 1978, ch. 195,  1; G.L. 1956,  23-43.1-23; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2. 
 40.1-22-24. [Repealed.] History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-24; P.L. 1979, ch. 39,  1; Repealed by P.L. 1995, ch. 122,  2, effective July 1, 1995. 
 40.1-22-25. Conspiracy to commit person improperly. Any person who willfully conspires with any other person unlawfully or improperly to cause to be admitted to any facility as developmentally disabled any person who is not developmentally disabled as defined in this chapter shall, on conviction therefor, be fined not exceeding five thousand dollars ($5,000) or imprisoned not exceeding five (5) years at the discretion of the court.  History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-25; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2; P.L. 1997, ch. 326,  139. 
 40.1-22-26. Deprivation of rights. Any person who willfully withholds from or denies to any person admitted to a facility as defined in  40.1-22-3 any of his or her rights as granted in this chapter shall, on conviction thereof, be fined not exceeding two thousand dollars ($2,000) or imprisoned not exceeding two (2) years at the discretion of the court.  History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-26; P.L. 1979, ch. 39,  1; P.L. 1997, ch. 326,  139. 
 40.1-22-27. Disciplinary action against employee. Any employee of any facility who shall deny to or withhold from any client any right granted him or her by law shall, independently of the criminal sanctions described in  40.1-22-26, be subject to such disciplinary action as the director of the facility shall see fit to impose, after notice, a hearing, and a finding of a violation of a right.  History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-27; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2; P.L. 1997, ch. 326,  139. 
 40.1-22-28. Severability. If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgment shall have been rendered.  History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-28; P.L. 1979, ch. 39,  1. 
 40.1-22-29. Applicability to acts done, rights accrued, or orders prior to enactment of chapter. Nothing contained in this chapter shall affect or impair the validity of any act done or right accruing, accrued or acquired, or any order, judgment, or status established prior to the enactment thereof.  History of Section.P.L. 1970, ch. 324,  1; G.L. 1956,  23-43.1-29; P.L. 1979, ch. 39,  1. 
 40.1-22-3. Definitions. Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter, or in the printed forms prepared by the director, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:  (1) Client means any developmentally disabled adult who is in potential need of, or is receiving, services aimed at alleviating his or her condition of functional dependence.  (2) Department means the department of behavioral healthcare, developmental disabilities and hospitals.  (3) Development, education, rehabilitation, and care means physical development, application of these abilities to meaningful occupations, development of personal and social skills, all of which are directed to the objective of independent living and self-maintenance. Care also includes medical care, surgical attendance, medication, as well as food, clothing, supervision, and maintenance furnished to a resident.  (4) Director means the director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designees.  (5) Facility means any public or private facility, inpatient rehabilitation center, hospital, institution, or other domiciliary facility, the office of developmental disabilities or any part thereof, equipped to habilitate, on a residential basis, persons who are developmentally disabled and in need of residential care. This shall include any facility maintaining adequate staff and facilities within the state providing in-residence supervision and habilitation and approved by the director upon application of the facility. Included within this definition shall be all institutions and facilities under the control and direction of the director. Nothing contained herein shall be construed to amend or repeal any of the provisions of chapters 17 or 17.4 of title 23, or of chapter 15 of title 40, or of chapter 21 of this title or of chapter 72.1 of title 42. Whenever it shall be brought to the attention of the director that any private facility may not have adequate staff, or facilities as determined by regulations of the director, then the facility shall not be approved for the placement of developmentally disabled adults under the provisions of this chapter.  (6) Notice means written notice in as simple and non-technical language as practicable as required by the department, or the court of competent jurisdiction. The notice shall be in writing to the director of the department by registered or certified mail, return receipt required. Notice sent to a client shall also include verbal reading of the written notice by duly authorized agents of the department, and/or court. The agents shall make verified return of the oral notification as well as the written. This requirement of oral notice to anyone alleged to be developmentally disabled shall be required because of the recognized limitation that many retarded and developmentally disabled persons are unable to comprehend written notices.  (7) Objection. If an objection is raised it shall be in writing, of a timely nature, and filed with the clerk of the family or district court, a copy of which is to be sent to the director of the department via registered or certified mail, return receipt requested.  (8) Parent means the natural, adoptive, foster parent or caretaker of the child.  (9) Qualified intellectual disability professional (QIDP) means a person as defined in 42 C.F.R. 483.430, as amended.  (10) Team means an interdisciplinary team which includes such professional personnel designated by the director and which shall consist of no less than three (3) persons selected by order of the director, no less than one of whom shall be a licensed physician, no less than one of whom shall be a member of the social work profession, and no less than one of whom shall be a qualified intellectual disability professional (QIDP).  History of Section.P.L. 1970, ch. 324,  1; Reorg. Plan No. 1, 1970; P.L. 1971, ch. 266,  1; P.L. 1978, ch. 195,  1; G.L. 1956,  23-43.1-3; P.L. 1979, ch. 39,  1; P.L. 1981, ch. 355,  1; P.L. 1982, ch. 268,  1; P.L. 1991, ch. 243,  2; P.L. 1995, ch. 122,  2; P.L. 2020, ch. 79, art. 1,  39. 
 40.1-22-30  40.1-22-38. [Repealed.]
 40.1-22-39. [Repealed.] History of Section.P.L. 2000, ch. 55, art. 31,  2; P.L. 2001, ch. 77, art. 28,  1; P.L. 2016, ch. 142, art. 7,  8; P.L. 2017, ch. 302, art. 9,  7; repealed by P.L. 2021, ch. 162, art. 3,  8, effective July 6, 2021. 
 40.1-22-4. General powers and duties of the director. (a) The director of behavioral healthcare, developmental disabilities and hospitals is charged with the execution of laws relating to the admission and care of the developmentally disabled.  (b) The director shall be responsible for the facilities in the department and such others as are approved to function under this chapter for the purpose of determining whether the provisions of this law relating to admission and care of developmentally disabled persons are being complied with, and giving such residents of the facilities as may request it, suitable opportunity to converse with him or her or them apart from the officers and attendants thereof. The director shall act with power to investigate the question of developmental disability and condition of any person who is a resident of any institution for the developmentally disabled, public or private, or restrained in his or her liberty by reason of alleged developmental disability at any place within the state, and shall discharge any such person, if in his or her opinion he or she is not developmentally disabled or can be cared for after discharge without serious harm to him or herself or others. For such purposes, the director is empowered to hold hearings, 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 under investigation. A subpoena issued under this section shall be regulated by civil practice laws and rules.  (c) The director may assign a portion of any state facility, for the holding of religious service, to be used exclusively for the benefit of the patients and employees of the facility, subject to such conditions as may be imposed by the director.  (d) The director may:  (1) Examine all facilities, public and private, licensed by him or her or authorized by law to receive, admit, and care for the developmentally disabled; and  (2) Inquire into their methods of government and 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) The director may promulgate and adopt such rules and regulations governing the management of the facilities, both public and private, as he or she may deem necessary to carry out the provisions of this chapter to insure the comfort, promote the welfare, and protect the rights of the residents.  (f) Any patient, or person representing the patient shall be furnished, upon request, all information and reports upon which a director or other resident physician made his or her or their determination or finding that the patient is a developmentally disabled person.  History of Section.P.L. 1970, ch. 324,  1; Reorg. Plan No. 1, 1970; G.L. 1956,  23-43.1-4; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2. 
 40.1-22-5. Construction with other laws. This chapter shall be read in conjunction with the previously stated authority of the director and the duties of the office of developmental disabilities under chapter 21 of this title.  History of Section.P.L. 1970, ch. 324,  1; Reorg. Plan No. 1, 1970; G.L. 1956,  23-43.1-5; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2. 
 40.1-22-6. Admission as a resident in a facility. (a) Any person alleged to be developmentally disabled, warranting observation and possible residential care and treatment in a facility, public or private, as herein defined, who is not held to answer presently to a criminal charge may be admitted to and received and retained as a resident in a facility by complying with any one of the following admission procedures applicable to the case:  (1) Voluntary admission; or  (2) Admission on a certificate of one physician and a team evaluation certificate.  (b) The director shall prescribe and furnish forms for use in the procedures for admission under this section, and admission shall be had only upon such forms.  (c) A developmentally disabled person, as herein described in this chapter, shall be admitted to a facility as herein defined, designated by the director, or pursuant to an administrative order authorized by law, or pursuant to an authorization, or order of a court of competent jurisdiction.  (d) No member of a team, or any physician signing a certificate for emergency admission, shall be related by blood or marriage to the person applying for the admission of a person alleged to be developmentally disabled or to the person alleged to be developmentally disabled; nor shall he or she be a guardian or conservator of the person; nor shall he or she have any interest, contractually, testamentary, or otherwise (other than reasonable and proper charges for professional services rendered), in or against the estate or assets of the person alleged to be developmentally disabled; nor shall he or she be a manager, trustee, proprietor, officer, stockholder, or have any pecuniary interest, directly, or indirectly, or except as otherwise provided, be a director or resident physician, in any facility to which it is proposed to admit the person.  (e) A certificate, as required by this section, must show that the person is developmentally disabled as herein defined, and unable to function independently, and if required to be made by one examining physician, that the physician made an examination of the person alleged to be developmentally disabled within ten (10) days next before and inclusive of the date of admission unless otherwise herein provided. The date of the certificate shall be the date of the commencement of the examination, and in the event the examination or examinations are conducted separately or over a period of days, then the ten (10) day period above referred to (unless otherwise expressly provided) shall be measured from the date of the commencement of the first examination. The certificate shall contain the reasons upon which the judgment of the physician is based and shall show that the condition of the person examined is such as to require development, education, rehabilitation, and care in a facility as herein defined, and shall contain such other information as the director by rule or regulation shall require.  (f)(1) A developmentally disabled person shall enjoy all the civil and constitutional rights conferred on citizens or residents of the state (as the case may be) by the constitution and laws of the United States and of this state, except as expressly otherwise provided by law.  (2) No person of eighteen (18) years of age or older shall be admitted to, detained in, or returned to a state residential facility against his or her will unless he or she has been adjudicated incompetent, has been admitted on any ten (10) day one physician certificate basis, or as otherwise expressly provided in this chapter.  (3) As soon as reasonably practicable upon the admission as provided by this section of any patient to any facility, the superintendent or official in charge thereof shall inform the client of his or her rights to have a judicial hearing and review, to be represented by counsel and to seek independent professional opinion; and further, pursuant to rules established by the director, each client upon admission shall be given the opportunity to communicate by telephone, or if not possible, by the next expeditious method, with any person.  (g) As to all persons admitted to any facility pursuant to this section, the director may make a request of the superintendent or official in charge of any facility to examine at any time a record of admission which shall contain such information as the director by rule or regulation may require. Similarly, the director may examine records of transfers, discharges, conditional releases, and revocation of conditional releases, as well as other dispositions of cases of clients admitted hereunder.  (h) No requirement shall be made, by rule, regulation, or otherwise, as a condition to admission and retention, that any person applying for admission shall have the legal capacity to contract.  History of Section.P.L. 1970, ch. 324,  1; P.L. 1978, ch. 195,  1; G.L. 1956,  23-43.1-6; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2; P.L. 2020, ch. 79, art. 1,  39. 
 40.1-22-7. Voluntary admissions and discharges. (a) Any individual of lawful age, either personally, or on the application of any relative, friend, or attorney with the individuals consent, must apply, orally or in writing, for voluntary admission to any facility provided for by this chapter seeking care and residence for alleged developmental disability.  (b) In the discretion of the superintendent or other official in charge of the facility, the individual may be retained for a period not exceeding three (3) days after receipt of written notice from the individual of his or her intention or desire to leave the facility. Notwithstanding any other provisions of law to the contrary, no person admitted to any facility as a voluntary client shall be deprived of any civil right solely by reason of admission nor shall admission modify or vary any civil right of the person, including, but not limited to, civil service or merit rating, ranking, and appointment, or rights relating to the granting, forfeiture, or denial of a license, permit, privilege, or benefit pursuant to any law.  History of Section.P.L. 1970, ch. 324,  1; P.L. 1978, ch. 195,  1; G.L. 1956,  23-43.1-7; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2. 
 40.1-22-8. [Repealed.] History of Section.P.L. 1970, ch. 324,  1; P.L. 1971, ch. 266,  1; P.L. 1978, ch. 195,  1; G.L. 1956,  23-43.1-8; P.L. 1979, ch. 39,  1; Repealed by P.L. 1995, ch. 122,  2, effective July 1, 1995. 
 40.1-22-9. Admission upon application of director, relative, or guardian. (a)(1) Upon the application of the director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designee, or of any relative, next of kin, or legally designated guardian of a person alleged to be developmentally disabled, and in need of immediate care and treatment, the superintendent or other official in charge of any facility may receive the person; provided the application is accompanied by the certificate of one examining physician; provided further, that the person alleged to be developmentally disabled does not object to admission, or that parents, guardian, spouse, or next of kin do not object if under eighteen (18); and provided further, that the need for residential care shall be confirmed by the facility by a team examination within twenty (20) days of admission.  (2) If objection is raised, by the person, or by the parent, guardian, spouse, or next of kin, then the matter shall be heard as provided in  40.1-22-10, so far as possible.  (b) If upon examination at the facility by a team the need of the client for residential care and treatment is not confirmed, the client shall be discharged.  (c) If upon examination by a team at the facility the need of the client for residential care and treatment is confirmed and the client agrees to remain in the facility as a voluntary client, then he or she shall be considered a voluntary client as of the date of his or her so agreeing.  (d) If upon examination at the facility the need of the client for residential care and treatment is confirmed and the client, if over eighteen (18), declines or refuses to remain in the facility as a voluntary client, then the certificate of a team supporting the application shall be filed with the facility. The team may be on the staff of any facility as herein defined, but persons on this team shall have no interest, directly or indirectly, in the assets or estate of the person who is mentally retarded, nor shall they be related to the person by blood or marriage. The examination and certification shall be made no later than ten (10) days from the date of the confirmation of the clients need for hospitalization, care, and treatment at the facility.  (e) From the time of his or her admission under the previous subsection, the retention of the person for residential care and treatment shall be subject to the provisions for notice, hearing, review, and judicial approval of continued retention or transfer and continued retention as provided in this chapter. For the purposes of subsections (d) and (e) of this section, the date of admission of the client shall be deemed to be the date of the second examination and certification.  (f) Failure to obtain the second certificate as required within the period specified shall result in the discharge of client no later than twenty (20) days after his or her original admission to the facility under the provisions of this chapter.  History of Section.P.L. 1970, ch. 324,  1; P.L. 1971, ch. 266,  1; P.L. 1978, ch. 195,  1; G.L. 1956,  23-43.1-9; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 122,  2; P.L. 1997, ch. 326,  139; P.L. 1999, ch. 83,  111; P.L. 1999, ch. 130,  111. 
 40.1-23-1. Parental successor for persons with developmental disabilities. The natural or adoptive parents, or the survivor of them, of a person who has been determined to be a person with developmental disabilities under regulations of the director of the department of behavioral healthcare, developmental disabilities and hospitals, may appoint at any time a parental successor for the person. The appointment shall be effective upon the death of the surviving parent and shall be for the period of the lifetime of that person with developmental disabilities.  History of Section.P.L. 1972, ch. 128,  1; impl. am. P.L. 1975, ch. 127,  1; G.L. 1956,  23-43.2-1; P.L. 1979, ch. 39,  1; P.L. 2001, ch. 386,  2. 
 40.1-23-10. Construction  Effect on other laws. (a) It is specifically intended that the provisions of this chapter shall be available for the benefit of all persons with developmental disabilities who are now resident at state facilities, or on placement from such facilities, or who reside within the state.  (b) This chapter shall not repeal, amend, or modify any law relating to intestate succession or relating to guardians of the person or of the estate of an individual. In the event of the appointment of the guardian of the person, the rights of the guardian will supersede and abrogate the rights of the parental successor of the person for whom a guardian of the person has been appointed, for so long as the appointment of the guardian of the person is effective.  History of Section.P.L. 1972, ch. 128,  1; G.L. 1956,  23-43.2-10; P.L. 1979, ch. 39,  1; P.L. 2001, ch. 386,  2. 
 40.1-23-11. [Repealed.] History of Section.P.L. 1975, ch. 127,  1; G.L. 1956,  23-43.2-11; P.L. 1979, ch. 39,  1; Repealed by P.L. 2001, ch. 386,  3, effective July 13, 2001. 
 40.1-23-2. Who may serve. (a) A parental successor may be an individual, whether related or not to the person who has been determined to be a person with developmental disabilities under the regulations of the director of the department of behavioral healthcare, developmental disabilities and hospitals; a bank with a trust department, acting through its trust department; a church, acting through the incumbent of a position to be indicated in the instrument designating or the order appointing the parental successor; or an organization concerned with the needs of individuals with developmental disabilities.  (b) A minor may be named or appointed as a parental successor, but he or she may actually serve only after reaching the age of eighteen (18) years.  History of Section.P.L. 1972, ch. 128,  1; impl. am. P.L. 1975, ch. 127,  1; G.L. 1956,  23-43.2-2; P.L. 1979, ch. 39,  1; P.L. 2001, ch. 386,  2. 
 40.1-23-3. Methods of appointment. (a) A parental successor may be designated by an acknowledged document in a form to be prescribed by the department of behavioral healthcare, developmental disabilities and hospitals; by the last will and testament of the person or persons having the right to make the nomination; or by formal appointment by the probate court in the city or town in which the petitioner or at least one of several petitioners reside.  (b) Court appointment shall be by petition heard ex parte as a probate matter without notice, unless required by the court. Any designation or appointment of a parental successor may also designate or appoint one or more eligible persons or organizations to serve as successors to the first-named parental successor in the event of the unwillingness, inability, incapacity, or resignation of the first parental successor.  History of Section.P.L. 1972, ch. 128,  1; impl. am. P.L. 1975, ch. 127,  1; G.L. 1956,  23-43.2-3; P.L. 1979, ch. 39,  1. 
 40.1-23-4. Furnishing of appointment documents to director of behavioral healthcare, developmental disabilities and hospitals. In the event the appointment is by court order or will, a copy of the court order, or of the will together with a copy of the order admitting the will to probate, certified by the clerk of the appropriate court, shall be furnished by an interested party to the director of the department of behavioral healthcare, developmental disabilities and hospitals. No appointment of a parental successor shall be binding on the director of the department of behavioral healthcare, developmental disabilities and hospitals until a properly executed copy of an authorized document or a certified copy of the will, together with a certified copy of the order admitting the will to probate, or a certified copy of the court appointment has been served upon the director of the department of behavioral healthcare, developmental disabilities and hospitals.  History of Section.P.L. 1972, ch. 128,  1; impl. am. P.L. 1975, ch. 127,  1; G.L. 1956,  23-43.2-4; P.L. 1979, ch. 39,  1. 
 40.1-23-5. Written consent of intended parental successor. The written consent of the person or organization intended to serve as the parental successor and of each named successor, thereto, if any, shall accompany the petition for court appointment. The consent or consents shall be forwarded to the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her representative, with the executed copy of an authorized document, or with the certified copy of the will and of the order admitting the will to probate, if appointment is by document or will, but the consent or consents need not be forwarded in the event of a court appointment.  History of Section.P.L. 1972, ch. 128,  1; impl. am. P.L. 1975, ch. 127,  1; G.L. 1956,  23-43.2-5; P.L. 1979, ch. 39,  1. 
 40.1-23-6. Rights and privileges of parental successor. (a) The parental successor, during the period he or she is actually serving, shall have the right to exercise an active and continuing interest in and to be informed concerning the health, education, recreation, and general welfare of the person for whom he or she is named parental successor. The parental successor shall be permitted to take the person from the other state-authorized facilities, profit, nonprofit, or private facilities on visits, trips, or vacations, the same as a parent.  (b) The directors, supervisors, superintendents, operators, or foster parents of the facilities shall inform, advise, and consult with the parental successor, when actually serving, regarding the person for whom the parental successor was named, as though he or she were the natural parent of the person, on all matters pertaining to his or her health, education, recreation, general welfare, and including, but not limited to, matters of medical treatment, surgery, placement, and discharge.  (c) A parental successor shall have the rights and privileges conferred by this section although the person for whom he or she is named parental successor is on placement from any facility operated by the department of behavioral healthcare, developmental disabilities and hospitals, or other facility and not physically resident therein.  History of Section.P.L. 1972, ch. 128,  1; G.L. 1956,  23-43.2-6; P.L. 1979, ch. 39,  1; P.L. 1984, ch. 81,  19; P.L. 1998, ch. 391,  6. 
 40.1-23-7. Informing director as to parental successors whereabouts  Decisions concerning person when parental successor cannot be reached. (a) During the time that a person is acting as a parental successor, he or she shall keep the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her representative, informed of his or her whereabouts so that he or she can be contacted in case of emergency.  (b) Any bank or church or organization appointed to act as a parental successor shall keep the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her representative, informed of the name and address of the individual who should be contacted in case of emergency.  (c) During the period a parental successor is acting, if, after reasonable effort on the part of the director of the facility where the person is living, or under care, the parental successor cannot be reached, the director of the facility shall be free or the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her representative, shall be free to make decisions in all matters for the best interest of the person for whom the parental successor was named.  History of Section.P.L. 1972, ch. 128,  1; impl. am. P.L. 1975, ch. 127,  1; G.L. 1956,  23-43.2-7; P.L. 1979, ch. 39,  1. 
 40.1-23-8. Termination of designation or appointment. (a) Any designation or appointment of a parental successor is subject to revocation at any time, in the first instance by the person who made the decision, and in the case of appointment by will or formal appointment, by the court in which the will was probated or the formal appointment was made. A person or organization named as parental successor may renounce or resign at any time.  (b) No revocation, renunciation, resignation, death, or state of incapacity will be binding on the director of the department of behavioral healthcare, developmental disabilities and hospitals until he or she has been notified in writing hereof.  History of Section.P.L. 1972, ch. 128,  1; impl. am. P.L. 1975, ch. 127,  1; G.L. 1956,  23-43.2-8; P.L. 1979, ch. 39,  1. 
 40.1-23-9. Limits on responsibilities and duties of parental successor. A parental successor shall have no financial responsibility to the state for the person for whom he or she is named, and he or she shall have no obligatory duties or responsibilities except as specifically set forth in this chapter.  History of Section.P.L. 1972, ch. 128,  1; G.L. 1956,  23-43.2-9; P.L. 1979, ch. 39,  1. 
 40.1-24.5-1. Definitions. Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter or in any printed forms prepared by the department of behavioral healthcare, developmental disabilities and hospitals in furtherance of this chapter, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:  (1) Community residence means a place, such as a group home, however named, licensed pursuant to chapter 24 of this title for the purpose of providing rehabilitation, psychological support, skills training, social guidance, and living accommodations to individuals who are mentally disabled, as defined by  40.1-5-2; provided, however, that this definition shall not be deemed to include places, however named, for persons who are mentally retarded, alcoholics, or drug abusers.  (2) Director means the head or the chief administrative officer of the community residence, or his or her designee.  (3) Grievance procedure means the formalized process mandated by  40.1-24.5-8 to enable residents to register alleged violations of the residents rights assured by  40.1-24.5-5 and 40.1-24.5-6.  (4) Individualized service plan means the document that sets forth specific services, such as vocational, social, medical, psychiatric, and rehabilitative, that are structured to accomplish and express short- and long-term goals and objectives responsive to the individual needs of the resident.  (5) Mental health advocate means and refers to the individual appointed by the governor with the advice and consent of the senate in accordance with  40.1-5-14 and to his or her duly appointed assistants.  (6) Person means any individual, partnership, corporation, company, or association and the legal successors in interest thereof.  (7) Resident means an individual of lawful age admitted to a community residence.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-10. Dismissal from community residence. A resident shall be fully informed, in writing, of the grounds for dismissal from the community residence. In the event that a resident is aggrieved by a dismissal, the resident shall have absolute recourse to the resident grievance procedure as outlined in  40.1-24.5-8.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-11. Confidentiality of information and records. (a) The fact of admission and all information and records compiled, obtained, or maintained in the course of providing services to persons under this chapter shall be confidential.  (b) Except as provided in subsections (c) and (d), the fact of admission and all confidential information and records shall not be released without the written consent of the resident concerned.  (c) No consent for release of confidential information and records is required in the following situations:  (1) To proper medical or psychiatric authorities for the purpose of providing emergency medical or psychiatric treatment when the residents life or health is in immediate jeopardy.  (2) Between or among residence staff within the same community residence for purposes of coordinating services for a resident.  (3) For program evaluation and/or research, provided that the director of behavioral healthcare, developmental disabilities and hospitals adopts rules ensuring the anonymity of the residents identity. The rules shall include, but need not be limited to, the requirement that all evaluators and researchers must sign an oath of confidentiality, agreeing not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of the evaluation or research regarding residents who have received services such that the resident who received the services is identifiable.  (4) Pursuant to an order of a court of competent jurisdiction.  (d) If a resident is deceased, consent for release of information deemed confidential under this section may be obtained from his or her personal representative, or in the absence of a personal representative, his or her surviving spouse. If there is neither a personal representative nor surviving spouse, consent may be obtained from the residents kindred of the closest degree; if there is more than one person of lawful age within the same degree of kindred, each shall individually possess the right to provide consent.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-12. Duties of the mental health advocate. The mental health advocate shall perform the following duties: (1) Review periodically the procedures established by community residences to carry out the provisions of this chapter.  (2) Review grievances of residents filed according to the provisions of the resident grievance procedure delineated in  40.1-24.5-8 of this chapter in order to ensure that grievances have been fairly resolved in a timely fashion.  (3) Investigate and report to the director of behavioral healthcare, developmental disabilities and hospitals and/or the director of the community residence any occurrences, conditions, or practices with respect to procedure, personnel, or policy that reflect inadequacies with reference to provisions of this chapter.  (4) Assist any resident to obtain needed assistance concerning problems not related to the provisions of this chapter by referring residents to appropriate lawyer-referral services, public or private, depending upon the residents ability to pay, and assist the residents in the preparation and transmission of correspondence, forms, and other communications.  (5) To take action as he or she deems appropriate to protect the rights of residents including, but not limited to, programs of public education, legislative advocacy, and formal legal action.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-13. Access to information. The mental health advocate shall have access to the following information: (1) The names of all persons in community residences, and the date admission began, unless the resident concerned specifically objects, in writing, to the access at the time of admission.  (2) All current records and files maintained by the community residence, pertaining to individualized service plans and notices of denials or limitations of qualified rights defined in  40.1-24.5-6, provided that the resident concerned gives written permission for the access.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-14. Rights and powers of the mental health advocate. In addition to any other rights and powers conferred upon him or her by law, the mental health advocate shall have the following rights and powers:  (1) To communicate privately by mail or orally with any resident.  (2) To inspect all records relating to residents, provided that the resident concerned gives written permission for inspection.  (3) To take whatever steps are appropriate to see that persons are made aware of the services of the mental health advocates office, its purpose, and how it can be contacted. The director and staff of each community residence shall cooperate with the mental health advocate in this respect.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-15. Willful deprivation of residents rights. Any person who willfully withholds from or denies to any person admitted to a community residence any of his or her rights as granted in this chapter shall, on conviction thereof, be fined not exceeding two thousand dollars ($2,000) or imprisoned not exceeding two (2) years, or both.  History of Section.P.L. 1982, ch. 363,  1; P.L. 1997, ch. 326,  141. 
 40.1-24.5-16. Immunity from liability as to reports under chapter. Any person who makes a report pursuant to this chapter, or who testifies in any administrative or judicial proceeding arising from the report, shall be immune from any civil or criminal liability for making the report or for testifying except for liability for perjury, unless the person acted in bad faith or with malicious purpose.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-17. Disqualification from position in community residence. A person convicted of any crime under this chapter shall be disqualified from holding any position in any community residence licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to chapter 24 of this title.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-18. Severability. If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of the chapter, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgment shall be rendered.  History of Section.P.L. 1982, ch. 363,  1; P.L. 1997, ch. 326,  141. 
 40.1-24.5-19. Funds for implementation of chapter. Any sums necessary for the implementation of this chapter shall be provided from the funds appropriated to the department of behavioral healthcare, developmental disabilities and hospitals in fiscal year 1982-1983. It is expressly understood that additional funds for the implementation of this chapter are not provided.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-2. General powers and duties of the director of behavioral healthcare, developmental disabilities and hospitals. (a) The director of behavioral healthcare, developmental disabilities and hospitals is charged with the execution of the laws relating to the admission and the care of the mentally disabled with respect to this chapter, and is hereby authorized and empowered to do all acts necessary and proper to ensure the comfort and welfare of residents and to protect residents rights.  (b) The director of behavioral healthcare, developmental disabilities and hospitals, or one or more of his or her assistants or representatives so designated, may:  (1) Examine all community residences; 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 a community residence and into all matters relating to its management.  (c) The director of behavioral healthcare, developmental disabilities and hospitals may adopt and promulgate rules and regulations governing the management of community residences as he or she may deem necessary to carry out the provisions of this chapter.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-3. Legal rights and competence of persons admitted  Informing person as to rights, obligations, and grievance procedures. (a) Continuation of rights, responsibilities, and obligations. No resident, as a consequence of admission to a community residence and of receiving an evaluation of mental disability, shall lose any legal rights, responsibility, or obligation, or suffer any legal disability as a citizen, unless otherwise prescribed by law. Among others, no resident shall be presumed to be incompetent to manage his or her affairs, to contract, to hold or seek a professional, occupational, or vehicle operators license, to make a will, to marry, or for any other purpose, unless otherwise prescribed by law. Neither shall any requirement be made, by rule, regulation, or otherwise, as a condition to admission and retention, that any individual applying for admission shall have the legal capacity to contract, it being sufficient for such purpose, that the individual understand the nature and consequence of making the application.  (b) Admission; requirements; duties of residence staff.(1) As part of the procedure for the admission of an individual to a community residence, each prospective resident shall be fully informed of all rules, regulations, and policies governing resident conduct and responsibilities, including grounds for dismissal and procedures for discharge. A written application acknowledging the disclosure shall be signed by the prospective resident in the presence of at least one witness, who shall attest to the application by placing his or her name and address thereon.  (2) Further, at the time of admission, each resident shall be fully informed of residents rights and a written copy of the residents rights shall be given to each resident who shall acknowledge receipt of the written copy by his or her signature upon the copy. This written copy of residents rights shall include the working hours, address, and telephone number of the mental health advocate.  (3) Further, at the time of admission, each resident shall be fully informed, orally and in writing, of the grievance procedure established within the community residence.  (4) Further, at the time of admission, each resident shall be informed, in writing, of all anticipated financial charges, including all costs not covered either under federal and/or state programs, by other third payers by the community residences basic per-diem rate.   History of Section.P.L. 1982, ch. 363,  1; P.L. 1997, ch. 326,  141. 
 40.1-24.5-4. [Reserved.]
 40.1-24.5-5. Absolute rights of residents. No resident admitted to any community residence shall be deprived of any constitutional, civil, or legal right, solely by reason of admission. Among others, each resident shall be entitled to the following rights without limitation:  (1) To privacy and dignity;  (2) To civil service or merit rating or ranking and appointment;  (3) Those relating to the granting, forfeiture, or denial of a license, permit privilege, or benefit pursuant to any law;  (4) To attend or not attend religious services;  (5) To be visited privately at all reasonable times by ones personal physician, attorney, clergyperson, and the mental health advocate;  (6) To vote and participate in political activity, including reasonable assistance when desired in registering and voting;  (7) To be employed at a gainful occupation insofar as the residents condition permits. No resident shall be required to perform labor that involves the essential operation and maintenance of the community residence or program or the regular supervision or care of other residents. Residents may be required to perform labor involving normal housekeeping and home-maintenance functions as documented in their individualized service plan or as delineated in the community residents rules and regulations;  (8) To communicate by sealed mail or otherwise with persons of ones choosing;  (9) To participate in the development of individualized service plan;  (10) To have access to his or her individualized service plan and other medical, social, financial, vocational, psychiatric, or other information included in the residents file maintained by the community residence;  (11) To not be the subject to experimental research without his or her prior written and informed consent;  (12) To be free from verbal and physical abuse;  (13) To register an alleged violation of residents rights through the established grievance procedure as delineated in  40.1-24.5-8; and  (14) To have access to the mental health advocate upon request and to have assistance when desired and necessary to implement this right.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-6. Qualified rights of residents. Except to the extent that the director as defined in  40.1-24.5-1 determines that a limitation or a denial of one of the following rights would be in the residents best interests and, further, unless the director documents the good-cause reasons for the denial or limitations in the residents individualized service plan, the resident shall be entitled to the following:  (1) To wear ones own clothes and to keep and use ones own personal possessions;  (2) To keep and be allowed to spend a reasonable sum of ones own money for consumer purchases;  (3) To have reasonable access to a telephone to make and receive confidential calls;  (4) To have opportunities for physical exercise and outdoor recreation;  (5) To have reasonable, prompt access to current newspapers, magazines, and radio and television programming; and  (6) To receive visitors of ones own choosing at all reasonable times. Posted reasonable visiting hours must be maintained in each community residence, with a minimum of six (6) hours daily.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-7. Posting of residents rights. A copy of the residents rights set forth in  40.1-24.5-5 and 40.1-24.5-6 shall be conspicuously posted in community residences at all times. History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-8. Resident grievance procedure. (a) A community residence shall have a written grievance procedure in order to resolve allegations of violations of the rights assured in this chapter. The grievance procedure shall be conspicuously posted in residential and activity areas, along with the name and telephone number of the mental health advocate.  (b) The resident shall be entitled to initiate a grievance at all times, and to this end, grievance forms shall be made available at all times. It shall be the duty of the community residence staff to encourage and assist the resident in exercising his or her rights under this section.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.5-9. Notification of mental health advocate as to alleged violation of rights. (a) The director will immediately notify the mental health advocate when a violation of absolute rights under  40.1-24.5-5 is alleged. Subsequent to oral notification, the director will send to the mental health advocate a copy of the grievance form.  (b) The director will notify the mental health advocate when a violation of qualified rights under  40.1-24.5-6 is alleged by sending to the advocate a copy of the grievance form.  (c) The director will send to the mental health advocate a copy of all written resolutions for all grievances filed under  40.1-24.5-8.  History of Section.P.L. 1982, ch. 363,  1. 
 40.1-24.6-1. Definitions. As used in this chapter: (1) Developmental disability agency means any organization that has been established and licensed by the department of behavioral healthcare, developmental disabilities and hospitals for the purpose of providing either employment, vocational supports, residential and/or day-support services for adults with developmental disabilities in Rhode Island.  (2) Qualified third-party administrator means an entity with at least five (5) years of experience creating and operating health-benefit plans that maintain sufficiently capitalized self-insurance funds of similar characteristics of the fund being authorized in accordance with this chapter.  History of Section.P.L. 2017, ch. 405,  1; P.L. 2017, ch. 421,  1. 
 40.1-24.6-2. Purpose. The purpose of this chapter is to authorize operators of developmental disability agencies acting as a group, to self-insure healthcare costs for employees, retirees, and other beneficiaries and allow a qualified third-party administrator to administer the program.  History of Section.P.L. 2017, ch. 405,  1; P.L. 2017, ch. 421,  1. 
 40.1-24.6-3. Authorization to self-insure. (a) Operators of two (2) or more developmental disability agencies are hereby authorized and empowered to:  (1) Create a separate corporation (the corporation) for the purpose of issuing healthcare insurance to the corporation members employees and their dependents, and their retirees and their dependents; and  (2) To develop and administer a sufficiently capitalized, self-insured group-risk-management program (product).  (b) The corporation may have as its purposes the reduction of the risk of its members; distributing, sharing, and pooling risks; acquiring excess loss insurance; and processing and defending claims against the members of the corporation. Any contributions made to the corporation for the purpose of distributing, sharing, or pooling risks shall be made on an actuarially sound basis, and the corporation shall have an audit performed annually, copies of which shall be provided to the corporation membership.  (c) The corporation shall not be considered an insurance company, and shall not be subject to the provisions of the laws or regulations of the state of Rhode Island regulating insurance companies and multiple employer welfare arrangements, and therefore, shall not be subject to regulation by the Rhode Island department of business regulation or the Rhode Island office of the health insurance commissioner.  (d) The corporation created pursuant to the provisions of this chapter will be created by filing articles of incorporation pursuant to chapter 6 of title 7 entitled Rhode Island Nonprofit Corporation Act, and the articles of incorporation will be filed by an incorporating developmental disability agency (member). The articles of incorporation creating the corporation pursuant to the provisions of this section may contain provisions, not inconsistent with this section, that the incorporators (members) determine to be desirable or useful in fulfilling the purposes set forth in this section. The corporation created pursuant to the provisions of this section will have all of the powers of a nonprofit corporation created under chapter 6 of title 7.  (e) Whenever the governing board of the corporation created pursuant to the provisions of this chapter determines that the purposes for which the corporation was created have been substantially fulfilled and all bonds, notes, or other obligations of the corporation have been fully paid or adequate provision has been made for their payment, the corporation may be dissolved in the manner provided for nonprofit corporations pursuant to chapter 6 of title 7 and, upon the corporations dissolution, title to all financial resources and assets of the corporation shall vest in and become the property of the members of the corporation in proportions that are provided for in the corporations articles of incorporation.  History of Section.P.L. 2017, ch. 405,  1; P.L. 2017, ch. 421,  1. 
 40.1-24.6-4. Obligations of participating entities. Operators of developmental disability agencies intending to participate in the corporation shall enter into a contractual agreement with the corporation that shall, among other provisions, describe and define each members obligations relative to funding, length of commitment, liabilities, and participation in the program. Such an agreement shall also define and delineate the terms upon which an operator may disaffiliate from the corporation and agreement. The agreements shall also include provisions that require members to be jointly and severally liable for losses of the self-insurance fund and shall include the mechanism for distributing such losses. The state of Rhode Island shall be immune from liability for losses of the self-insurance fund.  History of Section.P.L. 2017, ch. 405,  1; P.L. 2017, ch. 421,  1. 
 40.1-24.6-5. Establishment of fund. A fund may be established to insure the healthcare costs of the corporation members employees, their covered dependents, the retirees and their covered dependents, not otherwise insured, to the extent determined by the corporations articles of incorporation. Efforts will be made to establish uniformity among health-benefit plans issued to these employees, retirees, and dependents.  History of Section.P.L. 2017, ch. 405,  1; P.L. 2017, ch. 421,  1. 
 40.1-24.6-6. Payment to and from fund. (a) The monies in the fund will be used as nonlapsing, revolving financial resources for carrying out the provisions of this chapter.  (b) The financial notes and obligations issued by the corporation, pursuant to the provisions of this chapter, will not be deemed to constitute a debt or liability of the state of Rhode Island, nor a political subdivision of the state, but will be payable solely from the revenues or assets of the fund.  History of Section.P.L. 2017, ch. 405,  1; P.L. 2017, ch. 421,  1. 
 40.1-24.6-7. Stop-loss coverage. (a) The corporation established pursuant to this chapter for the purpose of providing healthcare costs for members employees, retirees, and other beneficiaries must participate in a group stop-loss policy provided by a licensed insurance company.  (b) The group stop-loss policy coverage will include a specific deductible stop-loss policy, and aggregate stop-loss coverage, both of which will apply to the corporations participating developmental disability agencies.  (c) Under the specific deductible stop-loss coverage, the licensed insurance carrier will assume liability beyond the specific deductible amount up to the limits of the policy.  (d) For the aggregate stop-loss coverage, the licensed insurance carrier will assume all of the claims threshold:  (1) Beyond one hundred and twenty percent (120%) of the expected claims for the policy year, up to the limits of the policy, or, if unavailable;  (2) Beyond a percentage rate that is consistent with marketplace standards for aggregate stop-loss insurance, but not to exceed one hundred and twenty-five percent (125%) of expected claims for the policy year.  (e) In addition to stop-loss policy coverage, the corporation must place in reserve an appropriate amount of money to cover the estimated cost of claims incurred, but unpaid, during the term of the policy or contract which shall be added to the expected claim level. The reserves for unpaid claims shall be in addition to monies reserved to cover the claims paid during the term of the policy, or contract for payment of healthcare costs for the employees, retirees, and other beneficiaries.  History of Section.P.L. 2017, ch. 405,  1; P.L. 2017, ch. 421,  1. 
 40.1-24-1. Definitions. As used in this chapter: (1) Adult foster home means a private family living arrangement that, through financial support from the parent deinstitutionalization subsidy aid program, provides housing and supervision to two (2) or more persons with mental illness, addiction/substance abuse disorders, or who are persons with developmental disabilities or otherwise eligible under  40.1-1-10.1. Foster homes serving fewer than two (2) adults, foster home situations wherein the foster parents are natural or adoptive parent(s) or grandparents, and any facility licensed by the department of children, youth and families shall be excluded for the purposes of this chapter.  (2) Community residence means any home or other living arrangement that is established, offered, maintained, conducted, managed, or operated by any person for a period of at least twenty-four (24) hours, where, on a twenty-four (24) hour basis, direct supervision is provided for the purpose of providing rehabilitative treatment, habilitation, psychological support, and/or social guidance for three (3) or more persons with mental illness, addiction/substance abuse disorders, or who are persons with developmental disabilities or cognitive disabilities such as brain injury. The facilities shall include, but not be limited to, group homes, halfway houses, and fully supervised apartment programs. Semi-independent living programs, foster care, and parent deinstitutionalization subsidy aid programs shall not be considered community residences for the purposes of this chapter.  (3) Day-treatment program means any nonresidential facility that is established, offered, maintained, conducted, managed, or operated by any person for a period of less than twenty-four (24) hours to provide therapeutic intervention to persons with mental illness, addiction/substance abuse disorders, or who are persons with developmental disabilities or cognitive disabilities such as brain injury. These shall include, but not be limited to, outpatient programs for persons with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury.  (4) Deemed status means acceptance by the department of accreditation granted by a national accreditation organization that has been recognized and approved by the department, including, but not limited to, the joint commission, the commission on accreditation of rehabilitation facilities, or the council on accreditation. Accreditation by a national accreditation organization that has been approved by the department shall serve as evidence of compliance with some or all of the departments rules and regulations for license renewal, as promulgated under  40.1-24-9.  (5) Department means the department of behavioral healthcare, developmental disabilities and hospitals.  (6) Facility means any community residence, day-treatment program, rehabilitation program, public or private, excluding hospitals or units within hospitals for persons with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury providing program services that do not constitute medical or custodial care, but do offer rehabilitation, habilitation, psychological support, and social guidance.  (7) Habilitation program means any nonresidential facility that is established, offered, maintained, conducted, managed, or operated by any person for a period of less than twenty-four (24) hours to provide training in basic daily living skills and developmental activities, prevocational skills and/or vocational training and placement, and follow-up for people with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury. These shall include, but not be limited to, early intervention, adult development, work activities, sheltered workshops, advanced workshops, and job development and training programs. Sheltered workshops not exclusively for people with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury shall be excluded for the purposes of this chapter.  (8) Person means any individual, governmental unit, corporation, company, association, or joint stock association and the legal successor thereof.  (9) Program means a planned service-delivery system structured to provide specific components that are responsive to the needs of those served.  (10) Rehabilitation program means any facility, that is established, offered, maintained, conducted, managed, or operated by any person to provide restorative therapy and/or training to persons with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury. These shall include, but not be limited to, community mental health centers. Sheltered workshops not exclusively for people with mental illness, addiction/substance abuse disorders or who are persons with developmental disabilities or cognitive disabilities such as brain injury shall be excluded for the purposes of this chapter.  History of Section.P.L. 1972, ch. 160,  1; P.L. 1978, ch. 150,  2; G.L. 1956,  23-43.3-1; P.L. 1979, ch. 39,  1; P.L. 1982, ch. 166,  1; P.L. 1992, ch. 418,  8; P.L. 1995, ch. 370, art. 14,  16; P.L. 1999, ch. 83,  112; P.L. 1999, ch. 130,  112; P.L. 2001, ch. 385,  2; P.L. 2001, ch. 389,  1; P.L. 2005, ch. 351,  3; P.L. 2005, ch. 394,  3; P.L. 2011, ch. 152,  2; P.L. 2011, ch. 171,  2. 
 40.1-24-10. Time allowed for compliance with new rules or standards. Any facility that is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this chapter shall be given a reasonable time, not to exceed one year from the date of promulgation of any applicable rules or regulations or minimum standards, within which to comply with the rules and regulations and minimum standards.  History of Section.P.L. 1972, ch. 160,  1; G.L. 1956,  23-43.3-10; P.L. 1979, ch. 39,  1. 
 40.1-24-11. Inspections and investigations  Alterations or new construction. The department shall make or cause to be made such inspections and investigations that it deems necessary. Deemed status shall not prohibit the department from conducting any inspection and/or investigation it deems necessary. The department may prescribe by regulations that any licensee or applicant desiring to make a specified type of alteration or addition to its facilities or to construct new facilities shall, before commencing the alteration, addition, or new construction, submit plans and specifications thereto to the department for preliminary inspection and approval or recommendations with respect to compliance with the regulations and standards herein authorized. Necessary conference and consultations may be provided.  History of Section.P.L. 1972, ch. 160,  1; G.L. 1956,  23-43.3-11; P.L. 1979, ch. 39,  1; P.L. 2011, ch. 152,  3; P.L. 2011, ch. 171,  3. 
 40.1-24-12. Confidentiality of information. Information received by the department through filed reports, inspection, or as otherwise authorized under this chapter, shall not be disclosed publicly in such manner as to identify individuals or facilities and programs, except in a proceeding involving the question of licensure.  History of Section.P.L. 1972, ch. 160,  1; P.L. 1978, ch. 150,  2; G.L. 1956,  23-43.3-12; P.L. 1979, ch. 39,  1. 
 40.1-24-13. Annual report of activities. The department shall prepare and publish an annual report of its activities and operations under this chapter.  History of Section.P.L. 1972, ch. 160,  1; G.L. 1956,  23-43.3-13; P.L. 1979, ch. 39,  1. 
 40.1-24-14. Operation of unlicensed facility. Any person establishing, conducting, managing, or operating any facility, as defined in this chapter, without a license pursuant to this chapter shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six (6) months, or both, in the discretion of the court, for each offense.  History of Section.P.L. 1972, ch. 160,  1; G.L. 1956,  23-43.3-14; P.L. 1979, ch. 39,  1. 
 40.1-24-15. Injunction to restrain operation without license. Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner provided by law upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management, or operation of a facility, as defined in this chapter, without a license pursuant to this chapter.  History of Section.P.L. 1972, ch. 160,  1; G.L. 1956,  23-43.3-15; P.L. 1979, ch. 39,  1. 
 40.1-24-16. Institutions to which chapter inapplicable. The provisions of this chapter shall not be construed to apply to substance abuse facilities, infants boarding homes, day nurseries, or homes for aged or convalescent persons (chapters 17 and 17.4 of title 23 and chapter 13 of title 40 [repealed]).  History of Section.P.L. 1972, ch. 160,  1; G.L. 1956,  23-43.3-16; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 370, art. 14,  16. 
 40.1-24-17. Power to enforce chapter. The director of the department of behavioral healthcare, developmental disabilities and hospitals shall have power to enforce the provisions of this chapter in any and all applications of this chapter that involve the regulation and licensing of facilities, programs, persons, community residences, day-treatment programs, habilitation programs, rehabilitation programs, and adult foster homes intended to provide services to people who are alcoholics, drug abusers, mentally ill or who are persons with developmental disabilities.  History of Section.P.L. 1972, ch. 160,  1; G.L. 1956,  23-43.3-17; P.L. 1979, ch. 39,  1; P.L. 1992, ch. 418,  8; P.L. 1995, ch. 370, art. 14,  16; P.L. 1999, ch. 83,  112; P.L. 1999, ch. 130,  112; P.L. 2001, ch. 385,  2; P.L. 2001, ch. 389,  1. 
 40.1-24-18. Severability. If any provision of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable.  History of Section.P.L. 1972, ch. 160,  1; G.L. 1956,  23-43.3-18; P.L. 1979, ch. 39,  1. 
 40.1-24-19. Aftercare programs. (a) All community residences that provide care for people who are mentally ill, or alcohol and/or drug abusers, that are funded in whole or in part by state funds, shall establish an aftercare program. The program shall require the following:  (1) A minimum of two (2) follow-up contact attempts to be made within six (6) months after discharge. The follow-up attempts, successful or unsuccessful, shall be recorded in the client record. This documentation shall include:  (i) In the case of successful follow-up, a summary of the clients progress or regression shall be noted in the record.  (ii) In the case of an unsuccessful follow-up, a record shall be made of:  (A) Date and time of attempted contact.  (B) Type of contact.  (C) Reason for unsuccessful contact.  (D) Plan for future follow-up contact attempt.  (b) The program shall be operated with existing funds appropriated pursuant to this chapter.  (c) Evaluation and monitoring of this program shall be conducted annually by the department of behavioral healthcare, developmental disabilities and hospitals.  History of Section.P.L. 1984, ch. 424,  1; P.L. 1999, ch. 83,  112; P.L. 1999, ch. 130,  112. 
 40.1-24-2. Purpose. (a) The purpose of this chapter is to provide for the development, establishment, and enforcement of standards:  (1) For facilities and programs providing rehabilitation, psychological support, and social guidance to individuals who are alcoholic, drug abusers, mentally ill, or who are persons with developmental disabilities or cognitive disabilities such as brain injury;  (2) For the construction, maintenance, and operation of facilities that will promote safe and adequate accommodations for individuals who are alcoholic, drug abusers, mentally ill, or who are persons with developmental disabilities or cognitive disabilities such as brain injury; and  (3) For the establishment of a comprehensive licensing policy with respect to facilities and programs for people who are alcoholic, drug abusers, mentally ill, or who are persons with developmental disabilities or cognitive disabilities such as brain injury.  (b) The department of behavioral healthcare, developmental disabilities and hospitals is hereby authorized and directed to be the licensing authority in Rhode Island for residential and other support programs designed specifically for persons with cognitive disabilities such as brain injury. These licensure requirements shall be the same standards for persons with developmental disabilities except that for these purposes all references to developmental disabilities shall mean cognitive disabilities.  History of Section.P.L. 1972, ch. 160,  1; P.L. 1978, ch. 150,  2; G.L. 1956,  23-43.3-2; P.L. 1979, ch. 39,  1; P.L. 1995, ch. 370, art. 14,  16; P.L. 1999, ch. 83,  112; P.L. 1999, ch. 130,  112; P.L. 2001, ch. 385,  2; P.L. 2001, ch. 389,  1; P.L. 2005, ch. 351,  3; P.L. 2005, ch. 394,  3. 
 40.1-24-20. Human immunodeficiency virus (HIV) testing  Facilities for drug users. Every physician or healthcare provider attending any person for any service offered at a facility for intravenous drug users shall offer testing for human immunodeficiency virus (HIV). All testing pursuant to this section shall be performed in accordance with the provisions of chapter 6.3 of title 23.  History of Section.P.L. 1988, ch. 405,  5; P.L. 1990, ch. 169,  2; P.L. 2000, ch. 171,  5; P.L. 2006, ch. 599,  9; P.L. 2009, ch. 196,  8; P.L. 2009, ch. 289,  8. 
 40.1-24-21. Competency evaluation and training programs for residential instructors. Individuals employed as residential instructors in privately and publicly operated residential programs for persons who are developmentally disabled, licensed pursuant to the provisions of this chapter, shall successfully pass a qualifying competency evaluation or complete a training program. Competency evaluation and training programs must be approved by the division of developmental disabilities of the department of behavioral healthcare, developmental disabilities and hospitals and incorporated into the departments rules, regulations, and standards for licensing facilities pursuant to this chapter of this title. The residential instructor competency evaluation and curriculum shall be assembled by December 31, 1991. Those employees hired after December 31, 1991, shall complete the required residential instructor training within the first six (6) months of employment. The competency evaluations for staff employed as of June 18, 1991, shall be completed by March 31, 1992.  History of Section.P.L. 1991, ch. 301,  2; P.L. 1999, ch. 83,  112; P.L. 1999, ch. 130,  112; P.L. 2001, ch. 385,  2. 
 40.1-24-3. License requirement. No person or governmental unit, acting severally or jointly with any other person or governmental unit, shall establish, conduct, or maintain a facility or program as defined in this chapter in this state without a license under this chapter.  History of Section.P.L. 1972, ch. 160,  1; P.L. 1978, ch. 150,  2; G.L. 1956,  23-43.3-3; P.L. 1979, ch. 39,  1. 
 40.1-24-4. Application for license. An application for a license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules, and regulations as are lawfully prescribed pursuant to this chapter.  History of Section.P.L. 1972, ch. 160,  1; G.L. 1956,  23-43.3-4; P.L. 1979, ch. 39,  1; P.L. 1997, ch. 326,  140. 
 40.1-24-5. Issuance of license  Transfer. Upon receipt of an application for license, the department shall issue a license if the applicant meets the requirements established under this chapter. If all the requirements under this chapter are not met, the department may issue a provisional license for a period not to exceed six (6) months if the issuance will not result in undue hazard to residents or clients. A license issued under this chapter shall be the property of the state and loaned to the licensee, and it shall be kept in an accessible place at all times on the licensed premises. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the department.  History of Section.P.L. 1972, ch. 160,  1; P.L. 1978, ch. 150,  2; G.L. 1956,  23-43.3-5; P.L. 1979, ch. 39,  1; P.L. 1997, ch. 326,  140. 
 40.1-24-6. Expiration and renewal of license. A license, other than a provisional license, unless sooner suspended or revoked, shall remain in full force and effect until renewed by approval of the department in accordance with procedures for renewal set forth in rules and regulations to be adopted by the department pursuant to  40.1-24-9; the procedures must include a process by which a license shall be renewed on the basis of deemed status as defined in  40.1-24-1.  History of Section.P.L. 1972, ch. 160,  1; P.L. 1978, ch. 150,  2; G.L. 1956,  23-43.3-6; P.L. 1979, ch. 39,  1; P.L. 1982, ch. 166,  1; P.L. 2011, ch. 152,  3; P.L. 2011, ch. 171,  3. 
 40.1-24-7. Denial, suspension, or revocation of license. (a) Deemed status shall not prohibit the department from taking any licensing action it deems necessary.  (b) The department, after notice and opportunity for a hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been failure to comply with the requirements established under this chapter. The notice shall be effected by registered or certified mail or by personal service, setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of the mailing or service, at which the applicant or licensee shall be given an opportunity for a prompt and fair hearing.  (c) On the basis of any hearing, or upon default of the applicant or licensee, the department shall make a determination specifying its findings of fact and conclusions of law. A copy of the determination shall be sent by registered or certified mail or served personally upon the applicant or licensee. The decision denying, suspending, or revoking the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within the thirty-day (30) period, appeals the decision to the superior court, pursuant to  40.1-24-8. The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department.  (d) A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to  40.1-24-8. A copy or copies of the transcript may be obtained by any interested party on payment of the cost of preparing the copy or copies. Witnesses may be subpoenaed by either party.  History of Section.P.L. 1972, ch. 160,  1; G.L. 1956,  23-43.3-7; P.L. 1979, ch. 39,  1; P.L. 2006, ch. 216,  31; P.L. 2011, ch. 152,  3; P.L. 2011, ch. 171,  3. 
 40.1-24-8. Review of license action. Any applicant or licensee or the state acting through the attorney general, aggrieved by the decision of the department after a hearing may, within thirty (30) days after the mailing or serving of notice of the determination, as provided in  40.1-24-7, file a notice of appeal in the superior court of the county in which the facility or program is located, or to be located, and serve a copy of the notice of appeal upon the department. The appeal shall serve as a stay of the denial, suspension, or revocation on being filed with the clerk of the court for a period not to exceed thirty (30) days not counting Sundays or legal holidays for a further period of thirty (30) days from the day of serving of the notice. If the appeal has not been heard or disposed of within the thirty-day (30) period, the denial, suspension, or revocation shall no longer be stayed but shall remain in full force and effect during any further pendency of the appeal unless the superior court shall, for good cause shown, extend the period of the stay, but in no event shall the period be extended beyond the date when the superior court shall render its judgment upon the appeal.  History of Section.P.L. 1972, ch. 160,  1; P.L. 1978, ch. 150,  2; G.L. 1956,  23-43.3-8; P.L. 1979, ch. 39,  1. 
 40.1-24-9. Rules, regulations, and standards. The department shall adopt, amend, promulgate, and enforce such rules, regulations, and standards with respect to all facilities and programs licensed under this chapter as may be designed to further the accomplishment of the purposes of this chapter in promoting safe and adequate facilities and programs in the interest of public health, safety, and welfare.  History of Section.P.L. 1972, ch. 160,  1; P.L. 1978, ch. 150,  2; G.L. 1956,  23-43.3-9; P.L. 1979, ch. 39,  1; P.L. 1997, ch. 326,  140. 
 40.1-25.1-1. Purpose. In order to provide protection for persons residing in or receiving services from facilities, programs, or agencies licensed, funded, and/or operated by the department of behavioral healthcare, developmental disabilities and hospitals, all persons eighteen (18) years or older seeking employment in any facility or program licensed, funded, and/or operated by the department shall be required to undergo a national criminal background check for the purpose of determining whether the prospective employee has been convicted of a crime that bears upon his or her fitness to have the responsibility for the safety and well-being of persons residing in or receiving services from facilities, programs, or agencies licensed, funded, and/or operated by the department.  History of Section.P.L. 2001, ch. 410,  1. 
 40.1-25.1-2. Definitions. For purposes of this chapter: (1) Agency means any person or organization that provides day-program services, residential services, support services, or advocacy services for persons with developmental disabilities, persons who are mentally ill, and persons who are substance abusers and that is licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to  40.1-24-1 et seq.  (2) Applicant for employment means a person over the age of eighteen (18) who has applied for and been offered employment in a facility, program, or agency licensed, funded, and/or operated by the department.  (3) Department means the department of behavioral healthcare, developmental disabilities and hospitals.  (4) Director means the director of the department of behavioral healthcare, developmental disabilities and hospitals or the designee of the director.  (5) Employer means any facility, program, or agency licensed and/or funded by the department of behavioral healthcare, developmental disabilities and hospitals and shall mean the department when the facility or program is operated by the department.  (6) Facility means any community residence, day-treatment program, rehabilitation program, public or private, excluding hospitals, except for the Eleanor Slater Hospital, providing program services that do not constitute medical or custodial care but do offer rehabilitation, habilitation, psychological support, and social guidance.  (7) Program means a planned service-delivery system structured to provide specific components, that are responsive to the needs of those served.  History of Section.P.L. 2001, ch. 410,  1. 
 40.1-25.1-3. Criminal records check requirement. (a) Any facility or program licensed by the department pursuant to  40.1-24-1 et seq. and any facility or program operated by the department shall require all applicants for employment, if that employment involves routine contact with patients, residents, or clients without the presence of other employees, to apply to the bureau of criminal identification of the state police or the local police department or, for organizations employing two hundred fifty (250) or more employees only, the office of the attorney general for a nationwide criminal records check. The check will conform to the applicable state and federal standards, including the taking of fingerprints of the applicant. Fingerprints shall be initially submitted to the office of the attorney general for a check of state records and thereafter forwarded to the Federal Bureau of Investigation (FBI) for a national criminal history check. The criminal records checks as required by this section shall be conducted for every five (5) years of continuous employment from the date of the previous criminal background check.  (b) If any disqualifying information is discovered with respect to the applicant, the bureau of criminal identification of the state police or the local police department or the office of the attorney general will inform the employer, in writing, without disclosing the nature of the disqualifying information, that an item of disqualifying nature has been discovered. In addition, the bureau of criminal identification of the state police or the local police department or the office of the attorney general will inform the applicant, in writing, of the nature of the disqualifying information. The results of the national criminal records check shall be made available to the applicant undergoing a records check and submitting fingerprints.  (c) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the state police or the local police department or the office of the attorney general shall inform both the applicant and the employer of this fact.  (d) The employer will maintain on file, subject to investigation by the department, evidence that criminal records checks in accordance with this statute have been initiated on all employees seeking employment after August 1, 2001, and the results of the checks. Failure to maintain the evidence on file will be prima facie grounds to revoke the license or certification of the operator of any facility or program licensed or certified by the department.  (e) It shall be the responsibility of the bureau of criminal identification of the state police or the local police department or the office of the attorney general to conduct the national criminal records check for the applicant. Any expense associated with obtaining the criminal records check required pursuant to subsection (a) of this section with respect to organizations employing two hundred fifty (250) or more employees, including the taking of fingerprints of the applicant, shall be paid by the organization requiring the criminal records check.  History of Section.P.L. 2001, ch. 410,  1; P.L. 2022, ch. 348,  1, effective June 29, 2022; P.L. 2022, ch. 349,  1, effective June 29, 2022. 
 40.1-25.1-4. Prior criminal records check. If an applicant has undergone a national criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification of the state police or the local police a letter indicating if any disqualifying information was discovered. The bureau of criminal identification of the state police or the local police department shall respond without disclosing the nature of any disqualifying information. The letter shall be maintained on file to satisfy the requirements of this chapter.  History of Section.P.L. 2001, ch. 410,  1. 
 40.1-25.1-5. Destruction of fingerprint records. At the conclusion of any background check required by this chapter, the state police or the local police department will promptly destroy the fingerprint card of the applicant.  History of Section.P.L. 2001, ch. 410,  1. 
 40.1-25.1-6. Rules and regulations. The director shall promulgate rules and regulations to carry out the intent of this chapter. The rules shall specify the types of jobs and positions that would require national criminal background checks and the rules shall specify those items of information appearing on a criminal records check that constitute disqualifying information because that information would indicate that the employment could endanger the health or welfare of patients, clients, or residents. The rules and regulations shall specify that the department shall bear the responsibility for the cost of the national background checks. In doing so, the department shall consider and seek all possible avenues of reimbursement for these background checks. In no event shall the provider, the state or local police department, or the applicant be responsible for any portion of the cost of the national background check.  History of Section.P.L. 2001, ch. 410,  1. 
 40.1-25.1-7. Immunity from liability. No employer who disqualifies an individual from employment because of the receipt of a notice of disqualifying information pursuant to this chapter shall be liable for civil damages or subject to any claim, cause of action, or proceeding of any nature as a result of such disqualification.  History of Section.P.L. 2001, ch. 410,  1. 
 40.1-25-1. Right of access. Any facility rendering care or treatment to a mentally ill individual as defined in  40.1-25-2 shall permit the protection and advocacy system established by 42 U.S.C.  10801 et seq., and its designees as certified by that agency, whose purposes include rendering assistance without charge to mentally ill individuals to have access to a facility in order to:  (1) Communicate privately by mail or orally with any person in treatment.  (2) Inspect all records relating to persons in treatment, provided that the person in treatment, or his or her guardian, gives written permission.  (3) Take whatever steps are appropriate, including posting notice, to see that persons are made aware of the services of the protection and advocacy system, its purpose, and how it can be contacted. Officials in charge of each facility shall cooperate with the protection and advocacy system in this respect.  (4) Take action it deems appropriate to protect the rights of those criminally insane patients included within the forensic unit of the department of behavioral healthcare, developmental disabilities and hospitals and those previously considered to be within the authority of the Interstate Compact on the Mentally Disordered Offender.  (5) Have access to policies, rules, and regulations affecting care, rights, or responsibilities of individuals residing therein.  (6) Investigate incidents of abuse and neglect of mentally ill individuals if incidents are reported to the system or if there is probable cause to believe the incidents occurred.  History of Section.P.L. 1988, ch. 275,  1; P.L. 1997, ch. 326,  142. 
 40.1-25-2. Definitions. (a) Facility rendering care or treatment means and includes, but is not limited to, public and private hospitals, community residences as defined by  40.1-24.5-1, shelter-care facilities, board-and-care facilities, group homes, nursing homes, and other congregate living facilities for mentally ill individuals.  (b) Mentally ill individual means an individual:  (1) Who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the state; and  (2) Who is an inpatient or resident in a facility as defined in subsection (a).  History of Section.P.L. 1988, ch. 275,  1. 
 40.1-25-3. Penalties. Any facility that violates the requirements of this chapter shall be guilty of a misdemeanor for the violation, punishable by a fine of up to five hundred dollars ($500) and/or six (6) months in jail.  History of Section.P.L. 1988, ch. 275,  1. 
 40.1-26-1. Short title. This chapter shall be known as the Rights for Persons with Developmental Disabilities. History of Section.P.L. 1990, ch. 414,  1. 
 40.1-26-10. Office of quality assurance. The director of the department of behavioral healthcare, developmental disabilities and hospitals shall establish, within the division of developmental disabilities, an office of quality assurance for persons with developmental disabilities. The purpose of the office shall be to:  (1) Assure the quality of services provided by agencies or individuals to participants as defined in this chapter;  (2) Provide for the protection and promotion of the legal and civil rights of participants provided in  40.1-26-3;  (3) As the designated office for the director of behavioral healthcare, developmental disabilities and hospitals, investigate and evaluate, or cause to be investigated and evaluated, reports made pursuant to  40.1-27-2.  History of Section.P.L. 1994, ch. 83,  3. 
 40.1-26-11. Enforcement. The department shall promulgate rules and regulations to carry out the intent of this chapter.  History of Section.P.L. 1997, ch. 136,  1. 
 40.1-26-2. Definitions. As used in this chapter: (1) Advocate means: (i) A legal guardian; or (ii) An individual acting on behalf of a person with a developmental disability in a manner clearly consistent with the interests of the person with a developmental disability and includes a family member, friend, or professional advocate. Whenever possible, an advocate should be selected by the person with a disability.  (2) Agency means any person or organization that provides day-program services, residential services, support services, or advocacy services for persons with developmental disabilities, and that is licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to  40.1-24-1 et seq.  (3) Applicant means any person with a developmental disability who has applied for services from the division of developmental disabilities and/or any agency licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to  40.1-24-1 et seq.  (4) Aversive interventions means a class of stimuli that are followed by escape or avoidance response.  (5) Behavioral treatment intervention means any intervention or treatment to develop or strengthen adaptive appropriate behaviors through the application of behavioral interventions and to simultaneously reduce the frequency of maladaptive or inappropriate behaviors. Behavior interventions encompass interventions, which refer to purposeful, clinical manipulation of behavior.  (6) Competent means the ability to understand the likely risks and benefits of a procedure or plan when the risks and benefits are presented to the participant in a manner most likely to be understood by the participant in light of his or her cognitive abilities and learning style.  (7) Department means the department of behavioral healthcare, developmental disabilities and hospitals.  (8) Developmental disability means a severe chronic disability that is attributable to a mental or physical impairment or combination of impairments; is manifested before the person attains age twenty-two (22); is likely to continue indefinitely; results in substantial functional limitations in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, economic self-sufficiency; and reflects the persons need for a combination and sequence of special, interdisciplinary or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated.  (9) Individualized plan means the personalized document that describes an individualized profile of the participant highlighting his or her capabilities, preferences, and interests. The plan describes specific supports in the areas of vocational, social, medical, supported living, and rehabilitation required to meet the specific needs of the participant. The plan includes quality indicators that demonstrate the plan has met the expectations of the participant and the participant is satisfied with the support services he or she is receiving; provided, however, that authorizations for services and funding issued prior to July 1, 2011, are null and void. Authorizations for services will be paid at the rate effective when in the quarter the service was provided.  (10) Participant means any person eighteen (18) years or older, with a developmental disability who receives services from the division of developmental disabilities and/or an agency licensed by the department of behavioral healthcare, developmental disabilities and hospitals.  (11) Relative means a member of the participants or applicants family who has been actively involved in the participants or applicants life; has an ongoing relationship with the participant or applicant; and is supportive in a manner clearly consistent with the best interests of the participant or applicant.  (12) Seclusion means placing a participant alone in a locked room without supervision.  (13) Serious incidents means any situation involving a person with developmental disabilities in which the person:  (i) Has sustained an injury that requires medical care or treatment beyond routine first aid;  (ii) Has been missing;  (iii) Has died;  (iv) Has been involved in a criminal act; or  (v) Has been subject to a medication error.  History of Section.P.L. 1990, ch. 414,  1; P.L. 1994, ch. 83,  2; P.L. 1997, ch. 136,  2; P.L. 2011, ch. 151, art. 9,  24. 
 40.1-26-3.1. Applicants rights. In addition to any other rights provided by state or federal laws, an applicant, as defined in this chapter, shall be entitled to:  (1) Notification in a timely manner regarding his or her application;  (2) Receive information regarding the appeal process;  (3) Receive information regarding the scope and availability of services.  History of Section.P.L. 1994, ch. 83,  3. 
 40.1-26-3. Participants rights. In addition to any other rights provided by state or federal laws, a participant as defined in this chapter shall be entitled to the following rights:  (1) To be treated with dignity, respect for privacy, and have the right to a safe and supportive environment;  (2) To be free from verbal and physical abuse;  (3)(i) To engage in any activity, including employment, appropriate to his or her age, and interests in the most integrated community setting;  (ii) No participant shall be required to perform labor that involves the essential operation and maintenance of the agency or the regular supervision or care of other participants. Participants may however, be requested to perform labor involving normal housekeeping and home-maintenance functions if these responsibilities are documented in the participants individualized plan;  (4) To participate in the development of his or her individualized plan and to provide informed consent to its implementation or to have an advocate provide informed consent if the participant is not competent to do so;  (5) To have access to his or her individualized plan and other medical, social, financial, vocational, psychiatric, or other information included in the file maintained by the agency;  (6) To give written informed consent prior to the imposition of any plan designed to modify behavior, including those that utilize aversive techniques or impair the participants liberty, or to have an advocate provide written informed consent if the participant is not competent to do so. Provided, however, that if the participant is competent to provide consent but cannot provide written consent, the agency shall accept an alternate form of consent and document in the participants record how such consent was obtained;  (7) To register a complaint regarding an alleged violation of rights through the grievance procedure delineated in  40.1-26-5;  (8) To be free from unnecessary restraint. Restraints shall not be employed as punishment, for the convenience of the staff, or as a substitute for an individualized plan. Restraints shall impose the least possible restrictions consistent with their purpose and shall be removed when the emergency ends. Restraints shall not cause physical injury to the participant and shall be designed to allow the greatest possible comfort. Restraints shall be subject to the following conditions:  (i) Physical restraint shall be employed only in emergencies to protect the participant or others from imminent injury or when prescribed by a physician, when necessary, during the conduct of a specific medical or surgical procedure or if necessary for participant protection during the time that a medical condition exists;  (ii) Chemical restraint shall only be used when prescribed by a physician in extreme emergencies in which physical restraint is not possible and the harmful effects of the emergency clearly outweigh the potential harmful effects of the chemical restraints;  (iii) No participant shall be placed in seclusion;  (iv) The agency shall have a written policy that defines the use of restraints, the staff members who may authorize their use, and a mechanism for monitoring and controlling their use;  (v) All orders for restraint, as well as the required frequency of staff observation of the participant, shall be written;  (9) To have, at any time, access to telephone communication;  (10) To receive visitors of a participants choosing at any time;  (11) To keep and be allowed to spend ones own money;  (12) To be provided advance written notice explaining the reason(s) why the participant is no longer eligible for service from the agency;  (13) To religious freedom and practice;  (14) To communicate by sealed mail or otherwise with persons of ones choosing;  (15) To select and wear ones own clothing and to keep and use ones own personal possessions;  (16) To have prompt access to current newspapers, magazines, and radio and television programming;  (17) To have opportunities for physical exercise and outdoor recreation;  (18)(i) To provide informed consent prior to the imposition of any invasive medical treatment, including any surgical procedure, or to have a legal guardian, or in the absence of a legal guardian, a relative as defined in this chapter, provide informed consent if the participant is not competent to do so. Information upon which a participant shall make necessary treatment and/or surgery decisions shall be presented to the participant in a manner consistent with his or her learning style and shall include, but not be limited to:  (A) The nature and consequences of the procedure(s);  (B) The risks, benefits, and purpose of the procedure(s); and  (C) Alternate procedures available;  (ii) The informed consent of a participant, or his or her legal guardian, or, in the absence of a legal guardian, a relative as defined in this chapter, may be withdrawn at any time, with or without cause, prior to treatment. The absence of informed consent notwithstanding, a licensed and qualified physician may render emergency medical care or treatment to any participant who has been injured or who is suffering from an acute illness, disease, or condition if, within a reasonable degree of medical certainty, delay in initiation of emergency medical care or treatment would endanger the health of the participant;  (19) Each participant shall have a central record. The record shall include data pertaining to admissions and other information as may be required under regulations by the department;  (20) Admissions  As part of the procedure for the admission of a participant to an agency, each participant or applicant, or advocate if the participant or applicant is not competent, shall be fully informed, orally and in writing, of all rules, regulations, and policies governing participant conduct and responsibilities, including grounds for dismissal, procedures for discharge, and all anticipated financial charges, including all costs not covered under federal and/or state programs, by other third-party payors or by the agencys basic per-diem rate. The written notice shall include information regarding the participants or applicants right to appeal the admission or dismissal decisions of the agency;  (21) Upon termination of services to or death of a participant, a final accounting shall be made of all personal effects and/or money belonging to the participant held by the agency. All personal effects and/or money, including interest, shall be promptly released to the participant, or his or her heirs;  (22) Nothing in this chapter shall preclude intervention in the form of appropriate and reasonable restraint should it be necessary to protect individuals from physical injury to themselves or others.  History of Section.P.L. 1990, ch. 414,  1; P.L. 1991, ch. 248,  1; P.L. 1994, ch. 83,  2; P.L. 1997, ch. 136,  2; P.L. 2019, ch. 88, art. 13,  11. 
 40.1-26-4.1. Aversive interventions  Prohibitions. It shall be unlawful for any agency to use prohibited aversive intervention techniques on a person with a developmental disability in the state of Rhode Island. The specific strategies to be prohibited within the context of behavioral treatment interventions include, but are not limited to, the following:  (1) Noxious, painful, intrusive stimuli or activities that result in pain;  (2) Any form of noxious, painful, or intrusive spray or inhalant;  (3) Electric shock;  (4) Water spray to the face;  (5) Pinches and deep muscle squeezes;  (6) Shouting, screaming, or using a loud, sharp, harsh voice to frighten or threaten or use of obscene language;  (7) Withholding adequate sleep;  (8) Withholding adequate shelter or bedding;  (9) Withholding bathroom facilities;  (10) Withholding meals, essential nutrition, or hydration;  (11) Removal of an individuals personal property as punishment;  (12) Unobserved time-out or room/area solely used for time out;  (13) Facial or auditory screening devices; and  (14) Use of chemical restraints instead of positive programs or medical treatments.  History of Section.P.L. 1997, ch. 136,  1. 
 40.1-26-4. Requirements of agencies. (a) In a manner consistent with the participants learning style, every agency shall provide to participants and/or advocates, upon entry into the agency and at the yearly review of the individualized plan information describing the participant rights, the name, address, and phone number of the human rights committee chair, or his or her designee; the participant grievance procedure as required by  40.1-26-5; and the availability of free legal assistance. Every agency shall also post a notice describing the information set out in this subsection.  (b) Every agency shall establish or participate in a human rights committee comprised of persons with developmental disabilities; family members of persons with developmental disabilities; qualified persons who have either experience or training in contemporary practices to change inappropriate participant behavior; advocates of persons with developmental disabilities; and staff of agencies providing services to persons with developmental disabilities; provided, however, that employees and/or their spouses of the agency shall not participate in that agencys human rights committee as voting members.  (c) Every agency shall utilize the human rights committee to review, approve, and monitor individual plans designed to modify behavior that utilize aversive techniques or impair the participants liberty and other plans, policies, and procedures that involve risks to participant protection and rights. No agency shall implement a plan to modify behavior, or any other plan, policy, or procedure described in this section without prior approval by the human rights committee.  (d) Every agency shall maintain incident reports documenting (1) any injury, any physical or emergency chemical restraint, or alleged human rights violation, including, but not limited to, allegations of abuse, neglect, mistreatment, and (2) serious incidents.  (e) Every agency shall provide the human rights committee with copies of all incident reports completed by the agency.  (f) Every agency shall provide the human rights committee with copies of all grievances filed by participants or advocates and a copy of the final resolution of the grievance.  History of Section.P.L. 1990, ch. 414,  1; P.L. 1994, ch. 83  2. 
 40.1-26-5. Participant grievance procedure. (a) Every agency must establish a written grievance procedure. The grievance procedure shall be presented to every participant or applicant in a manner consistent with the participants or applicants learning style and be conspicuously posted in each agency. The notice of grievance procedure shall include the name of organizations that provide free legal assistance.  (b) The participant, applicant, or advocate shall be entitled to initiate a grievance at all times and to this end, grievance forms shall be made available at all times. It shall be the duty of each agency to encourage and assist the participant or applicant in exercising his or her rights under this section.  (c) The participant, applicant, or advocate shall initiate the grievance by filing a grievance form with the director of the agency. The director shall forthwith forward a copy of the grievance form to the chair of the human rights committee.  (d) The director, or his or her designee, with the assistance of the chair of the human rights committee, or his or her designee, shall investigate the grievance and issue a written decision to the participant, applicant, or advocate within five (5) business days of receipt of the grievance. The written decision shall include a copy of the grievance; a list of persons interviewed in the investigation; the steps taken to resolve the grievance; and the conclusion of the director, or his or her designee.  (e) A participant, applicant, or advocate who is not satisfied with the decision of the director shall have the right to appeal that decision under regulations promulgated by the department of behavioral healthcare, developmental disabilities and hospitals. These regulations shall, at a minimum, provide for review of the grievance as a contested case at an administrative hearing that meets the requirements of  42-35-9. The chair of the human rights committee, or his or her designee, shall, if necessary, assist the participant in requesting a review.  History of Section.P.L. 1990, ch. 414,  1; P.L. 1994, ch. 83,  2. 
 40.1-26-6.1. Good-faith immunity. Any volunteer member of a human rights committee, acting in good faith and meeting the requirements of this statute, shall have immunity from any liability, civil or criminal, that might be incurred in the performance of his or her duties as a volunteer member of a human rights committee and shall not be made to answer in any court for his or her participation as a volunteer member of a human rights committee.  History of Section.P.L. 1994, ch. 83,  3. 
 40.1-26-6. Immunity from liability. The state shall protect and hold harmless any volunteer member of a human rights committee from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of his or her duties with the committee and within the scope of his or her activities therewith that may constitute negligence but which acts are not wanton, malicious, or grossly negligent as determined by a court of competent jurisdiction.  History of Section.P.L. 1990, ch. 414,  1. 
 40.1-26-7. Deprivation of rights  Penalty. Any person who willfully withholds from, or denies to, any participant in an agency any of his or her rights as granted in this chapter or who retaliates against a participant who exercises the right to register an alleged violation of rights or on whose behalf a grievance is filed, shall, on conviction thereof, be fined not exceeding five hundred dollars ($500) or imprisoned not exceeding six (6) months.  History of Section.P.L. 1990, ch. 414,  1; P.L. 1994, ch. 83,  2; P.L. 1997, ch. 326,  143. 
 40.1-26-8. Disqualification. A person convicted of any crime under this chapter shall be disqualified from holding any position in any agency licensed by the department of behavioral healthcare, developmental disabilities and hospitals.  History of Section.P.L. 1994, ch. 83,  3. 
 40.1-26-9. Nonduplication. Nothing in this chapter shall be construed to relieve any state or federal agency from its responsibilities and obligations as set forth in state or federal law.  History of Section.P.L. 1994, ch. 83,  3. 
 40.1-27-1. Definitions. (a) Abuse means:  (1) Any assault as defined in chapter 5 of title 11;  (2) Any assault as defined in chapter 37 of title 11;  (3) Any offense under chapter 10 of title 11;  (4) Any conduct that harms or is likely to physically harm the participant except where the conduct is a part of the care and treatment, and in furtherance of the health and safety of the participant; or  (5) Intentionally engaging in a pattern of harassing conduct that is intended to cause psychological harm to the participant; provided, however, nothing herein shall be construed to prohibit the prosecution of any violator of this section under any other section.  (b) Mistreatment means the inappropriate use of medications, isolation, or use of physical or chemical restraints as punishment, for staff convenience, as a substitute for treatment or care, in conflict with a physicians order, or in quantities, which inhibit effective care or treatment, which harms or is likely to harm the participant.  (c) Neglect means the failure to provide treatment, care, goods, and services necessary to maintain the health and safety of the participant, or the failure to carry out a plan of treatment or care prescribed by the physician of the participant; provided, however, no person shall be considered to be neglected for the sole reason that he or she relies or is being furnished treatment in accordance with the tenets and teachings of a well-recognized church or denomination by a duly accredited practitioner thereof.  (d) Participant means any person with developmental disabilities who participates in a program.  (e) Program means any day-treatment program, habilitation program, rehabilitation program or other program for persons with developmental disabilities licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to  40.1-24-1 et seq.  History of Section.P.L. 1990, ch. 414,  1. 
 40.1-27-10. Penalties for acts of abuse or neglect. (a) Any person who knowingly abuses, mistreats, or neglects a participant, or commits any acts of abuse, mistreatment, or neglect as those terms are defined by  40.1-27-1(a)(1), (2), (3), or (4), shall be fined not more than three thousand dollars ($3,000) or imprisoned not more than three (3) years, or both.  (b) Any person who commits any act of abuse as the term is defined by  40.1-27-1(a)(5) shall be fined not more than five hundred dollars ($500) or imprisoned not more than one year, or both.  History of Section.P.L. 1990, ch. 414,  1. 
 40.1-27-2. Duty to report. (a) Any person within the scope of his or her employment at a program or in his or her professional capacity who has knowledge of, or reasonable cause to believe, that a participant in a program has been abused, mistreated, or neglected shall make, within twenty-four (24) hours or by the end of the next business day, a written report to the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her designee. The report shall contain:  (1) The name, address, telephone number, occupation, and employers address and the phone number of the person reporting;  (2) The name and address of the participant who is believed to be the victim of the abuse, mistreatment, or neglect;  (3) The details, observations, and beliefs concerning the incident(s);  (4) Any statements regarding the incident made by the participant and to whom they were made;  (5) The date, time, and place of the incident;  (6) The name of any individual(s) believed to have knowledge of the incident; and  (7) The name of any individual(s) believed to have been responsible for the incident.  (b) In addition to those persons required to report pursuant to this section, any other person may make a report if that person has reasonable cause to believe that a participant has been abused, mistreated, or neglected.  History of Section.P.L. 1990, ch. 414,  1; P.L. 2006, ch. 216,  32; P.L. 2012, ch. 254,  6; P.L. 2012, ch. 264,  6. 
 40.1-27-3. Duties of the director of the department of behavioral healthcare, developmental disabilities and hospitals. The director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her designee shall:  (1) Notify the attorney general, or his or her designee, the chair of the programs human rights committee forthwith upon receipt of an oral or written report made pursuant to  40.1-27-2;  (2) Investigate and evaluate, or cause to be investigated and evaluated, the information reported in those reports. The investigation and evaluation shall be made within twenty-four (24) hours if the director of the department of behavioral healthcare, developmental disabilities and hospitals has reasonable cause to believe the participants health or safety is in immediate danger of further abuse or neglect and within seven (7) days for all other reports. The investigations shall include a visit to the program; an interview with the participant allegedly abused, mistreated, or neglected; an interview with all witnesses to the alleged incident; a determination of the nature, extent, and cause, or causes, of the injuries; the identity of the person, or persons, responsible therefor; all other pertinent facts; and recommendations to prevent further abuse, mistreatment, or neglect of the participant or other program participants. The determination shall be in writing;  (3) Evaluate the environment in the program named in the report and make a written determination of the risk of physical or emotional injury to any other participants in the same program;  (4) Forward to the attorney general and the chair of the programs human rights committee, within fifteen (15) days after a case is initially reported pursuant to  40.1-27-2, a summary of the findings and recommendations on each case;  (5) If the director of the department of behavioral healthcare, developmental disabilities and hospitals has reasonable cause to believe that a participant had died as a result of abuse, mistreatment, or neglect, immediately report the death to the attorney general and to the office of the medical examiner. The office of the medical examiner shall investigate the report and communicate its preliminary findings, orally within seventy-two (72) hours, and in writing within seven (7) working days to the attorney general and to the department of behavioral healthcare, developmental disabilities and hospitals. The office of the medical examiner shall also communicate its final findings and conclusions, with the basis therefore to the same parties within sixty (60) days;  (6) Promulgate such regulations as may be necessary to implement the provisions of this chapter; and  (7) Maintain a file of the written reports prepared pursuant to this chapter. The written reports shall be confidential, but shall be released to the attorney general, to a court of competent jurisdiction, and upon written request to the participant, his or her counsel, the reporting person or agency, the appropriate review board, or a social worker assigned to the case.  History of Section.P.L. 1990, ch. 414,  1; P.L. 2012, ch. 254,  6; P.L. 2012, ch. 264,  6. 
 40.1-27-4. Penalty  Failure to report. (a) Any person so required to make a report as provided by  40.1-27-2 and who fails to do so shall be guilty of a misdemeanor and be punished by a fine of not more than five hundred dollars ($500).  (b) Any person who alters or changes without authorization or destroys or renders unavailable a report made by another pursuant to  40.1-27-2 shall be guilty of a misdemeanor and be fined not more than five hundred dollars ($500).  (c) Any person who shall attempt, with or without threats or promises of benefit, to induce another to fail to report an incident of abuse, mistreatment, or neglect shall be guilty of a misdemeanor and be punished by a fine of not more than one thousand dollars ($1,000) or imprisoned for more than one year, or both.  (d) Any person who fails to report an incident of abuse, mistreatment, or neglect after another has indicated a reliance on the reporting pursuant to  40.1-27-2 shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000) or imprisoned for more than one year, or both.  History of Section.P.L. 1990, ch. 414,  1. 
 40.1-27-5. Physicians report of examination  Duty of program. Whenever a program shall receive a report by a person other than a physician that a participant has been harmed as a result of abuse, neglect, or mistreatment, the program shall have the patient examined by a licensed physician. It shall be mandatory for the physician to make a preliminary report of his or her findings to the director of the department of behavioral healthcare, developmental disabilities and hospitals and to the program within forty-eight (48) hours after his or her examination, and a written report within five (5) days after his or her examination.  History of Section.P.L. 1990, ch. 414,  1; P.L. 2012, ch. 254,  6; P.L. 2012, ch. 264,  6. 
 40.1-27-6. Immunity from liability. Any person who, in good faith, makes an oral or written report pursuant to  40.1-27-2, excluding any perpetrator or conspirator of the acts described in  40.1-27-1, shall have immunity from any liability, civil or criminal, that might be incurred as a result of having made the report. No program shall discharge, or in any manner discriminate or retaliate against any person who, in good faith, makes a report, testifies, or is about to testify in any proceeding about the abuse, mistreatment, or neglect of participants.  History of Section.P.L. 1990, ch. 414,  1; P.L. 1997, ch. 326,  144. 
 40.1-27-7. Non-retaliation or discrimination. A program that discharges, discriminates, or retaliates against a person who makes a report, testifies, or is about to testify in any proceeding, shall be liable to the person so discharged, discriminated, or retaliated against, for treble damages, costs, and attorneys fees.  History of Section.P.L. 1990, ch. 414,  1. 
 40.1-27-8. Abrogation of privilege. Any privilege established by chapter 37.3 of title 5, or any professional code relating to the exclusion of confidential communications and/or the competency of witnesses, may not be invoked in any civil or criminal action arising out of a report made pursuant to this chapter or the failure to make a report as required by this chapter.  History of Section.P.L. 1990, ch. 414,  1. 
 40.1-27-9. Notice  Posting provisions. A notice of the reporting requirements imposed under this chapter, and of the penalty imposed for failure to report, shall be conspicuously posted on each floor of any program required to be licensed under the provisions of  40.1-24-1 et seq.  History of Section.P.L. 1990, ch. 414,  1. 
 40.1-28-1  40.1-28-6. [Repealed.]
 40.1-29-1. Name. There is hereby created the Governors Council on Behavioral Health, hereinafter referred to as the council.  History of Section.P.L. 2001, ch. 57,  1. 
 40.1-29-2. Legislative purpose. The purpose of the council is to advise the governor and general assembly on policies, goals, and operations of the behavioral health program, including the program areas of substance use disorder and mental health, and on other matters the director of behavioral healthcare, developmental disabilities and hospitals refers to it and to encourage public understanding and support of the behavioral health program.  History of Section.P.L. 2001, ch. 57,  1; P.L. 2017, ch. 124,  1; P.L. 2017, ch. 143,  1. 
 40.1-29-3. Members. (a) The council shall consist of thirty-two (32) voting members.  (1) There shall be four (4) members of the legislature, two (2) shall be from the senate and shall be appointed by the senate president to serve for their legislative term, one from each of the major political parties, and two (2) shall be from the house of representatives and shall be appointed by the speaker to serve for their legislative term, one from each of the two (2) major political parties.  (2) The nonlegislative members shall be the executive director of the Substance Use and Mental Health Leadership Council of RI, the mental health advocate, the child advocate, a representative of the AFL-CIO to be appointed by the governor, and the president of the Hospital Association of Rhode Island or a designee thereof.  (3) The remaining twenty-three (23) public members shall be appointed by and serve at the pleasure of the governor and shall represent community interests such as substance use disorder treatment and prevention professionals; youth with behavioral health challenges, or their representatives; consumers of substance-use disorder programs and their families; mental health treatment professionals; adult and elderly consumers of mental health services and their families; families of children who are consumers of mental health and substance-use disorder services; the judiciary; criminal justice officials; and local government officials.  (4) Not less than fifty (50%) percent of the public members shall be individuals who are not state employees or providers of behavioral health services.  (5) There shall be sufficient representation by the families of children who are consumers of mental health and substance-use disorder services in order to ensure adequate representation of such children.  (6) Every effort shall be made to ensure that appointed members represent the cultural diversity of the state.  (7) All members shall have demonstrable expertise in, or experience with, substance use disorders or mental health services in Rhode Island. In addition, the directors, or their designees, of the departments of children, youth and families; corrections; education; health; human services; behavioral healthcare, developmental disabilities and hospitals; the office of healthy aging; the attorney general, or designee, and the executive director of the Rhode Island justice commission shall serve as ex officio and without a vote as members of the council.  (b) Any vacancy that may occur in the council shall be filled in the same manner as the original appointments.  (c) The governor shall designate one member as the chairperson of the council.  History of Section.P.L. 2001, ch. 57,  1; P.L. 2006, ch. 216,  33; P.L. 2017, ch. 124,  1; P.L. 2017, ch. 143,  1; P.L. 2017, ch. 168,  1; P.L. 2017, ch. 172,  1; P.L. 2022, ch. 286,  1, effective June 29, 2022; P.L. 2022, ch. 287,  1, effective June 29, 2022. 
 40.1-29-4. Meetings. The council shall meet at least six (6) times a year. Failure to attend three (3) meetings in a year may result in a recommendation of removal from the council to the governor or other appropriate appointing authority. A quorum at the meeting shall consist of seven (7) voting members present.  History of Section.P.L. 2001, ch. 57,  1; P.L. 2017, ch. 124,  1; P.L. 2017, ch. 143,  1. 
 40.1-29-5. Functions. The functions of the council shall be: (1) To review and evaluate the behavioral health needs and problems in the state and propose such recommendations as are appropriate;  (2) To stimulate and seek the development and coordination of all programs relating to behavioral health, including, but not limited to, such areas as care and treatment, prevention, manpower, research, and public education;  (3) To encourage interdisciplinary approaches to combating, treating, and preventing substance use disorders and mental illness, focusing in particular on integrating support systems for behavioral health care;  (4) To act as the advisory committee to the department of behavioral healthcare, developmental disabilities and hospitals and the governor on any funds made available to the department by the federal government for substance use disorders and/or mental health treatment and prevention purposes;  (5) To stimulate and investigate research as it affects planning and implementation of behavioral healthcare systems in the healthcare environment;  (6) To make an annual report to the governor and the general assembly during the month of January, setting forth:  (i) The nature and extent of the behavioral healthcare problems in the state;  (ii) Information and recommendations as the council deems necessary to deal with the problems as documented;  (iii) A review of the councils activities during the preceding year, including but not limited to, reports relative to activity, performance, and need;  (iv) Any plans developed by the council to deal with the behavioral healthcare problems identified by the council;  (v) Other recommendations as may be appropriate and in the public interest.  History of Section.P.L. 2001, ch. 57,  1; P.L. 2017, ch. 124,  1; P.L. 2017, ch. 143,  1. 
 40.1-29-6. Staff and employees. The director of behavioral healthcare, developmental disabilities and hospitals shall provide the council with professional and secretarial staff and other support as shall be appropriate for it to carry out its designated functions. The director of the department of children, youth and families and the director of the office of healthy aging shall provide the council with additional professional and secretarial staff and other employees as shall be appropriate for the council to carry out functions related to the respective responsibilities of these departments. All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the council that is deemed necessary to fulfill the purpose and functions of the council.  History of Section.P.L. 2001, ch. 57,  1; P.L. 2017, ch. 124,  1; P.L. 2017, ch. 143,  1. 
 40.1-3-1. Duties assumed by department. The department of behavioral healthcare, developmental disabilities and hospitals shall assume all powers and duties specified in this chapter.  History of Section.P.L. 1935, ch. 2250,  52; G.L. 1938, ch. 51,  1; impl. am. P.L. 1939, ch. 660,  80; impl. am. P.L. 1951, ch. 2724,  2; G.L. 1956,  40-3-1; Reorg. Plan No. 1, 1970. 
 40.1-3-10  40.1-3-13. [Repealed.]
 40.1-3-14. Policy as to reimbursement of private hospitals. It is the policy of this state that the general assembly appropriate annually a sum to partially reimburse the voluntary general hospitals, such as Rhode Island hospital, and Providence lying-in hospital, for the cost of maintaining hospital facilities available for the care of citizens of this state requiring hospitalization as public ward patients for acute medical or surgical conditions or maternity care.  History of Section.P.L. 1948, ch. 2038,  1; G.L. 1956,  40-3-14; Reorg. Plan No. 1, 1970. 
 40.1-3-15. Discrimination against osteopaths and optometrists. There shall be no discrimination made by any state department against duly licensed osteopathic physicians and optometrists in any medical plan that involves the expenditure of state funds. Notwithstanding any provisions of a policy or contract of group accident, group health, group accident and health insurance, or the provisions of any private accident and health insurance policy, whenever the policy or contract provides for reimbursement for any optometric service that is within the lawful scope of practice of a duly licensed optometrist, a subscriber to that group accident, group health, group accident and health, or the provisions of any private accident and health insurance policy or contract shall be entitled to reimbursement for that service, whether the service is performed by a physician or duly licensed optometrist.  History of Section.P.L. 1945, ch. 1652,  1; G.L. 1956,  40-3-15; Reorg. Plan No. 1, 1970; P.L. 1974, ch. 263,  1. 
 40.1-3-16. Vigneron memorial fund grant account. (a) There is hereby created within the department of behavioral healthcare, developmental disabilities and hospitals a restricted-receipt account to be known as the Vigneron memorial fund grant account. Donations deposited into the Vigneron memorial fund grant account shall be used solely to provide material for the patients at Zambarano hospital to improve their ability to express themselves, participate in motivating activities, exert greater control over their daily environment, and increase their independence.  (b) All amounts deposited in the Vigneron memorial fund grant account on or after June 24, 2009, shall be exempt from the indirect cost recovery provisions of  35-4-27.  History of Section.P.L. 2010, ch. 23, art. 8,  5. 
 40.1-3-2. Offices. The department of administration shall furnish the department with proper and adequate office space and equipment.  History of Section.P.L. 1906, ch. 1362,  1; G.L. 1909, ch. 112,  9; G.L. 1923, ch. 155,  9; G.L. 1938, ch. 51,  7; impl. am. P.L. 1951, ch. 2724,  2; impl. am. P.L. 1951, ch. 2727, art. 1,  2; G.L. 1956,  40-3-2; Reorg. Plan No. 1, 1970. 
 40.1-3-3. Sanatorium known as Zambarano Memorial Unit. In tribute to the memory of the late Dr. U. E. Zambarano, former superintendent of the state sanatorium, counselor, administrator, and humanitarian, whose friendly deportment fostered a spirit of cooperation and unity, the state sanatorium at Wallum Lake, Rhode Island, shall hereafter be known as the Doctor U. E. Zambarano unit of the Eleanor Slater Hospital.  History of Section.P.L. 1955, ch. 3453,  1; G.L. 1956,  40-3-3; Reorg. Plan No. 1, 1970; P.L. 1998, ch. 391,  5; P.L. 2002, ch. 333,  1. 
 40.1-3-4. Care of Zambarano hospital property. The hospital land, being a tract of land owned by the state, located in the town of Burrillville, at and adjacent to Wallum Pond, with all the buildings thereon and all the furniture, furnishings, fittings, fixtures, apparatus, farming utensils, and equipment and property of all descriptions belonging to the state now or hereafter contained in those buildings or on that land, shall be in the care and custody of the department of behavioral healthcare, developmental disabilities and hospitals.  History of Section.P.L. 1905, ch. 1247,  2; G.L. 1909, ch. 112,  2; G.L. 1923, ch. 155,  2; G.L. 1938, ch. 51,  2; impl. am. P.L. 1951, ch. 2724,  1; impl. am. P.L. 1955, ch. 3453,  1; G.L. 1956,  40-3-4; Reorg. Plan No. 1, 1970; P.L. 1984, ch. 81,  17. 
 40.1-3-5. Physicians and employees of Zambarano hospital. The director of behavioral healthcare, developmental disabilities and hospitals may appoint all physicians he or she may deem necessary for the hospital, and all other assistants and employees necessary for the performance of the duties of the department, and for the proper administration of the affairs of the hospital, all of whom shall serve as prescribed by chapter 4 of title 36. The director may fix the compensation of all persons so appointed or employed, within the amounts appropriated therefor.  History of Section.P.L. 1905, ch. 1247,  3; G.L. 1909, ch. 112,  3; G.L. 1923, ch. 155,  3; G.L. 1938, ch. 51,  3; impl. am. P.L. 1951, ch. 2724,  2; impl. am. P.L. 1952, ch. 2975,  17; impl. am. P.L. 1955, ch. 3453,  1; G.L. 1956,  40-3-5; Reorg. Plan No. 1, 1970. 
 40.1-3-6. Support of Zambarano hospital patients. The charge for the support of the patients of the hospital as are of sufficient ability to pay for same, or have persons or kindred bound by law to maintain them, shall be paid by those patients, persons, or kindred, at a rate to be determined by the director of behavioral healthcare, developmental disabilities and hospitals. The board of the patients as have a legal settlement in some city or town shall be paid by the city or town, if those patients are received at the hospital on the request of the director of public welfare of the city or town. The director, in his or her discretion, may receive other patients who have no means to pay for treatment, and the expense for board of those patients shall be paid by the general treasurer. But no board shall be paid by the general treasurer for anyone having a legal settlement in another state. The director shall have the power to fix all charges for board of the patients, and the amount that he or she may so receive shall be paid over to the general treasurer monthly.  History of Section.P.L. 1905, ch. 1247,  4; G.L. 1909, ch. 112,  4; G.L. 1932, ch. 155,  4; G.L. 1938, ch. 51,  4; impl. am. P.L. 1951, ch. 2724,  2; impl. am. P.L. 1955, ch. 3453,  1; G.L. 1956,  40-3-6; Reorg. Plan No. 1, 1970; P.L. 1984, ch. 81,  17. 
 40.1-3-7.1. Rules and regulations for the Rhode Island state psychiatric hospital. The director of the department shall establish, in the directors discretion, rules for the governance of the Rhode Island state psychiatric hospital, regulations for the admission of patients, and shall generally be vested with all the powers necessary for the proper carrying on of the work entrusted to him or her.  History of Section.P.L. 2022, ch. 231, art. 11,  5, effective June 27, 2022. 
 40.1-3-7.2. Residency within state not required for employees of Zambarano Hospital. Notwithstanding the provisions of any public or general law or personnel rule or regulation to the contrary, there shall no longer be any requirement or provision that an employee of Zambarano Hospital reside within the state as a condition of continued employment. Any prior validation by the general assembly of any public or general law or personnel rule or regulation to the contrary requiring residency as a condition of employment by an employee of Zambarano Hospital is expressly repealed by the general assembly. Any existing law or personnel rule or regulation requiring such is considered void and violative of state law.  History of Section.P.L. 2006, ch. 345,  1; P.L. 2006, ch. 441,  1. 
 40.1-3-7. Rules and regulations for Eleanor Slater hospital. The director of the department shall establish, in the directors discretion, rules for the government of the Eleanor Slater hospital, regulations for the admission of patients, and shall generally be vested with all the powers necessary for the proper carrying on of the work entrusted to him or her.  History of Section.P.L. 1905, ch. 1247,  9; G.L. 1909, ch. 112,  8; G.L. 1923, ch. 155,  8; G.L. 1938, ch. 51,  6; impl. am. P.L. 1951, ch. 2724,  2; impl. am. P.L. 1955, ch. 3453,  1; G.L. 1956,  40-3-7; Reorg. Plan No. 1, 1970; P.L. 2002, ch. 333,  1; P.L. 2022, ch. 231, art. 11,  4, effective June 27, 2022. 
 40.1-3-8.1  40.1-3-8.3. [Repealed.]
 40.1-3-8. [Repealed.] History of Section.P.L. 1917, ch. 1470, art. 3,  1; G.L. 1923, ch. 413, art. 3,  1; G.L. 1938, ch. 53,  1; impl. am. P.L. 1951, ch. 2724,  2; G.L. 1956,  40-3-8; P.L. 1962, ch. 5,  1; Reorg. Plan No. 1, 1970; P.L. 1993, ch. 82,  2; P.L. 2002, ch. 333,  1; repealed by P.L. 2022, ch. 231, art. 11,  6, effective June 27, 2022. 
 40.1-3-9. Staff and employees of the Eleanor Slater hospital and of the Rhode Island state psychiatric hospital. The director of behavioral healthcare, developmental disabilities and hospitals shall appoint, or delegate to another employee of the department the authority to appoint, employees, as the director may deem necessary for the proper management of the facilities of either or both the Eleanor Slater hospital or the Rhode Island state psychiatric hospital.  History of Section.P.L. 1917, ch. 1470, art. 1,  13; G.L. 1923, ch. 413, art. 1,  13; G.L. 1938, ch. 51,  5; impl. am. P.L. 1951, ch. 2724,  2; impl. am. P.L. 1952, ch. 2975,  17; G.L. 1956,  40-3-9; P.L. 1962, ch. 77,  1; P.L. 1967, ch. 18,  1; Reorg. Plan No. 1, 1970; P.L. 1998, ch. 391,  5; P.L. 2022, ch. 231, art. 11,  4, effective June 27, 2022. 
 40.1-4.1-1  40.1-4.1-6. [Repealed.]
 40.1-4-1  40.1-4-4. [Renumbered.]
 40.1-4-5, 40.1-4-5.1. [Repealed.]
 40.1-4-6  40.1-4-19. [Renumbered.]
 40.1-5.1-1  40.1-5.1-19. [Repealed.]
 40.1-5.2-1  40.1-5.2-30. [Repealed.]
 40.1-5.3-1. Facility for incompetent persons and others. (a) The state director of behavioral healthcare, developmental disabilities and hospitals shall maintain appropriate facilities, including the Rhode Island state psychiatric hospital and the Eleanor Slater hospital, for the confinement of persons committed to the directors custody pursuant to this chapter and shall provide for the proper care, treatment, and restraint of all such persons. All persons now or hereafter committed, pursuant to the provisions of  40.1-5.3-3, 40.1-5.3-4, 40.1-5.3-7, or the provisions of prior law, shall be removed or committed, as the case may be, to the facility into the custody of the director, or the directors designee, who in turn shall ensure the admission of the person to either the Rhode Island state psychiatric hospital or the Eleanor Slater hospital in the discretion of the director or the directors designee.  (b) The cost of care, maintenance, and treatment of persons committed to the custody of the director of behavioral healthcare, developmental disabilities and hospitals, as provided in  40.1-5.3-3 and 40.1-5.3-4, unless otherwise provided for, shall be paid by the person, if the person has any estate, or by the person liable for the persons support, if such there be; otherwise, the director may maintain without charge or defray the expense of care and treatment of the poor or indigent persons incompetent to stand trial or acquitted on the grounds of insanity.  History of Section.P.L. 1973, ch. 175,  2; G.L. 1956,  26-4-1; P.L. 1979, ch. 39,  1; P.L. 1982, ch. 221,  1; P.L. 2022, ch. 231, art. 11,  8, effective June 27, 2022. 
 40.1-5.3-10. Expenses of examination. All the necessary expenses of the examination conducted under  40.1-5.3-6 shall be paid by the general treasurer, upon the recommendation of the justice who orders the examination.  History of Section.P.L. 1973, ch. 175,  2; G.L. 1956,  26-4-10; P.L. 1979, ch. 39,  1. 
 40.1-5.3-11. Liability for expenses of maintenance  Action for collection of expenses. The estate of any prisoner transferred pursuant to  40.1-5.3-7 to the facility provided for in  40.1-5.3-1 shall be liable for the expense of his or her care and treatment therein. At the request of the fiscal agent of behavioral healthcare, developmental disabilities and hospitals, the general treasurer, on behalf of the state, shall commence and prosecute to final judgment and execution any necessary and proper action, suit, or proceeding at law or in equity, against the estate of the prisoner for the collection of such expense.  History of Section.P.L. 1982, ch. 274,  1. 
 40.1-5.3-12. Investigation of ability to pay for maintenance. It shall be the duty of the fiscal agent to investigate all cases of prisoners transferred pursuant to  40.1-5.3-7 to the facility provided for in  40.1-5.3-1 to ascertain whether there is any estate belonging to the prisoners that may be applied to satisfy the liability established by  40.1-5.3-11, and any bank or other custodian of the estate belonging to the prisoners shall be required to make discovery thereof upon written demand of the fiscal agent; provided, however, that any information so obtained shall not be disclosed, directly or indirectly, by the fiscal agent to any person except as necessary and proper to carry out the provisions of  40.1-5.3-11. The fiscal agent shall request that the general treasurer commence and prosecute an action, suit, or proceeding pursuant to  40.1-5.3-11 whenever he or she determines that an action, suit, or proceeding is appropriate in light of the estate belonging to the prisoner sought to be charged. In determining the appropriateness of an action, suit, or proceeding, the fiscal agent shall consider the effect that execution against the estate would have upon the support and maintenance of those persons, if any, to whom the prisoner sought to be charged is liable for support.  History of Section.P.L. 1982, ch. 274,  1; P.L. 1997, ch. 326,  137. 
 40.1-5.3-13. General rights. (a) Every person committed for care and treatment under the provisions of this chapter shall retain certain constitutional and civil rights. The exercise of these rights may be limited only for good cause, and any limitation must be promptly entered into the persons record. These rights include, but are not limited, to the following:  (1) To be visited privately by a personal physician, attorney, clergyperson, or the mental health advocate, and by other persons at all reasonable times;  (2) To be provided with stationery, writing materials, and postage in reasonable amounts and to have free unrestricted, unopened, and uncensored use of the mail;  (3) To wear ones own clothes, keep and use personal possessions, have access to individual storage space for private use, and reasonable access to the telephone to make and receive confidential calls;  (4) To seek independent examinations and opinions from a psychiatrist or mental health professional of his or her choice;  (5) To receive and read literature;  (6) To have access to the mental health advocate upon request;  (7) Not to participate in experimentation in the absence of the persons informed, written consent, or if incompetent, upon an order of substituted judgment;  (8) To freedom from restraint or seclusion, except during an emergency;  (9) To exercise the rights described in this section without reprisal, including reprisal in the form of denial of any appropriate and available treatment or any right or privilege;  (10) To have an opportunity for exercise at least one hour each day.  (b) For the purposes of this section, emergency is defined as an imminent threat of serious bodily harm to the patient or to others. A request for informed consent includes a reasonable explanation of the procedure to be followed, the benefits to be expected, the relative advantages of alternative treatments, the potential discomforts and risks, and the right and opportunity to revoke the consent.  History of Section.P.L. 1987, ch. 281,  1. 
 40.1-5.3-14. Right to treatment  Treatment plan. Any person who has been committed or transferred to a facility for care and treatment pursuant to this chapter shall have a right to receive the care and treatment that is necessary for and appropriate to the condition for which he or she was committed or transferred and from which he or she can reasonably be expected to benefit. Each person shall have an individualized treatment plan. This plan shall be developed by appropriate mental health professionals, including a psychiatrist. Each plan must be developed within ten (10) days of a persons admission to a facility.  History of Section.P.L. 1987, ch. 281,  1. 
 40.1-5.3-15. Disclosure of confidential information and records. Information or records compiled or obtained for the purposes of a persons health care shall remain confidential and may be disclosed only as required for court proceedings or as provided under the provisions of chapter 5 of this title.  History of Section.P.L. 1987, ch. 281,  1. 
 40.1-5.3-16. Disclosure of rights. A person committed to a facility pursuant to this chapter shall be informed, in writing, of his or her rights upon admission. Copies of statements describing the rights shall be prominently posted in all facilities in which the persons are detained.  History of Section.P.L. 1987, ch. 281,  1. 
 40.1-5.3-17. Penalties for deprivation of rights  Disciplinary action  Duty to report. (a) Any person who willfully withholds from or denies to a person committed to a facility pursuant to this chapter any of his or her rights as herein granted, shall, on conviction thereof, be fined not exceeding two thousand dollars ($2,000) or imprisoned not exceeding two (2) years.  (b) Any employee of a facility who shall deny to or withhold from any person any right granted him or her by this chapter shall, independently of the above criminal sanctions, be subject to such disciplinary action as the officer in charge shall see fit to impose, after notice, a hearing, and a finding of a violation of the right.  (c) Any employee who has reasonable cause to believe that an assault or a battery has been committed upon a committed person shall make an immediate report, including the identity of parties and witnesses and details of the incident, to the director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designee. The director of the department shall cause the report to be investigated immediately and further shall notify the mental health advocate and appropriate law enforcement agencies of the results of the investigation. Any person who fails to make such a report shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500).  History of Section.P.L. 1987, ch. 281,  1; P.L. 2012, ch. 254,  5; P.L. 2012, ch. 264,  5. 
 40.1-5.3-18. Applicability. The rights and protections contained in  40.1-5.3-13, 40.1-5.3-15, 40.1-5.3-16, and 40.1-5.3-17 shall apply to all persons admitted, committed, or transferred to a facility pursuant to this chapter.  History of Section.P.L. 1987, ch. 281,  1. 
 40.1-5.3-2. Transfers between state-operated hospitals. Whenever any person committed, transferred, or removed to either the Rhode Island state psychiatric hospital or the Eleanor Slater hospital to the facility provided for in  40.1-5.3-1 shall have recovered his or her mental health sufficiently, the director may, upon request of the chief executive officer or the chief medical officer of either state-operated hospital, discharge the person from the first hospital and then admit the person to the general units of either the Rhode Island state psychiatric hospital or Eleanor Slater hospital, as the case may be.  History of Section.P.L. 1973, ch. 175,  2: G.L. 1956,  26-4-2; P.L. 1979, ch. 39,  1; P.L. 2022, ch. 231, art. 11,  8, effective June 27, 2022. 
 40.1-5.3-3. Competency to stand trial. (a) Definitions. As used in this section:  (1) Attorney for the state means the attorney general, an authorized assistant attorney general, or other person as may be authorized by law to act as a representative of the state in a criminal proceeding.  (2) Competent or competency means mental ability to stand trial. A person is mentally competent to stand trial if he or she is able to understand the character and consequences of the proceedings against him or her and is able properly to assist in his or her defense.  (3) Department means the state department of behavioral healthcare, developmental disabilities and hospitals.  (4) Director means the director of the state department of behavioral healthcare, developmental disabilities and hospitals.  (5) Incompetent or incompetency means mentally incompetent to stand trial. A person is mentally incompetent to stand trial if he or she is unable to understand the character and consequences of the proceedings against him or her or is unable properly to assist in his or her defense.  (b) Presumption of competency. A defendant is presumed competent. The burden of proving that the defendant is not competent shall be by a preponderance of the evidence, and the burden of going forward with the evidence shall be on the party raising the issue. The burden of going forward shall be on the state if the court raises the issue.  (c) Request for examination. If at any time during a criminal proceeding, prior to the imposition of sentence, it appears that the defendant is not competent, counsel for the defendant or the state, or the court, on its own motion, may request an examination to determine the defendants competency.  (d) Examination of defendant.(1) If the court finds that the request for examination is justified, the court shall order an examination of the defendant. The scope of the examination shall be limited to the question of whether the defendant is competent.  (2) The examination shall take place on an outpatient basis if the defendant is to be released on bail or recognizance. If the defendant is ordered confined at the adult correctional institutions, the examination shall take place at that facility. The department shall appoint or designate the physician(s) who will conduct the examinations.  (3) If the defendant is ordered confined to the adult correctional institutions, the physician shall complete the examination within five (5) days. If the physician determines that the defendant is incompetent to stand trial, the defendant shall be immediately transferred for admission to the Rhode Island state psychiatric hospital or the Eleanor Slater hospital, pending the hearing provided for in subsection (g). At the discretion of the director, pending the hearing provided for in subsection (g), the defendant may be discharged from one state-operated hospital for the purpose of contemporaneously admitting the defendant to the other state-operated hospital pursuant to the procedures enumerated in  40.1-5.3-2.   (e) Bail or recognizance during examination.(1) A defendant for whom a competency examination has been ordered shall be entitled to release on bail or recognizance to the same extent and on the same terms and conditions as if the issue of competency had not been raised.  (2) The court may order the defendant to appear at a designated time and place for outpatient examination, and such an appearance may be made a condition of pretrial release.   (f) Reports of examining physicians. Each examining physician shall prepare a report, in writing, in which the physician shall state the physicians findings concerning the defendants competency, together with the medical and other data upon which the physicians findings are based. The report shall be filed with the court within ten (10) business days if the defendant was ordered confined at the adult correctional institutions, and as soon as practicable if the defendant was released on bail or recognizance, and copies given to the attorney for the state and to the defendant or the defendants counsel.  (g) Hearing. Upon receipt of the report and appropriate notice to the parties, the court shall hold a hearing unless the report concludes that the defendant is competent and the defendant and the attorney for the state in open court state their assent to the findings on the record. At the hearing, the report shall be introduced; other evidence bearing on the defendants competence may be introduced by the parties; and the defendant may testify, confront witnesses, and present evidence on the issue of the defendants competency. On the basis of the evidence introduced at the hearing, the court shall decide if the defendant is competent.  (h) Commitment of the defendant.(1) If the court finds, after the hearing, that a defendant is competent, it shall proceed with the criminal case.  (2) If the court finds that a defendant is incompetent, it shall commit him or her to the custody of the director for the purpose of determining whether or not the defendant is likely to imperil the peace and safety of the people of the state or the safety of himself or herself and whether the defendant will regain competency within the maximum period of any placement under this chapter.  (3) Not later than fifteen (15) days from the date of the order of commitment, the director shall prepare and file with the court a written report in which the director shall state the directors opinion regarding the defendants dangerousness; the likelihood of the defendant becoming competent to stand trial within the maximum period of any placement order; and the recommendations of the department regarding appropriate care and treatment of the defendant.  (4) In the event the director is unable to complete the examination of the person in time to render the directors report within the fifteen-day (15) period, the director shall report that fact, in writing, to the court with a statement of the reasons why the examination and report could not be completed within the prescribed period. A copy of the directors statement shall be given to the attorney general and to the defendant, or the defendants counsel, any of whom may respond in writing, or if the court deems it appropriate, orally, to the directors statement. The court may thereupon enter an order extending for an additional twenty (20) days the time in which the director is to file the directors report.   (i) Hearing.(1) Upon receipt of the report and appropriate notice to the director, the attorney general, and the defendant, or the defendants counsel, the court shall hold a hearing at which the report shall be introduced, other evidence bearing on the question of the mental condition of the person may be introduced by the parties, and the person may testify, confront witnesses, and present evidence.  (2) If the court finds that a defendant who is incompetent may be placed on outpatient status without imperiling the peace or safety of the public or the safety of himself or herself, it may commit the defendant to an appropriate outpatient facility that agrees to provide treatment to the defendant and to adhere to the requirements of this section, in order that the defendant may receive treatment to restore or establish his or her competency.  (3) If the court finds that a defendant who is incompetent is likely to imperil the peace or safety of the people of the state or the peace and safety of himself or herself, it may order the defendant to the Rhode Island state psychiatric hospital or the Eleanor Slater hospital, pursuant to  40.1-5.3-1. A person who is ordered to be treated on inpatient status shall not be paroled, furloughed, placed on outpatient status or removed from a locked facility, or otherwise released from the institution where the person is being treated except upon petition to the court by the director, on notice to the attorney general and the defendant, or the defendants counsel, and after hearing thereon and entry of an order by a judge of the court authorizing release. The commitment ordered pursuant to this section shall terminate upon the occurrence of any of the following:  (i) The defendant is determined by the court to be competent; or  (ii) The charges against the defendant are dismissed pursuant to subsection (j); or  (iii) The charges against the defendant are dismissed or a nolle prosequi is entered; or  (iv) The defendant is civilly committed pursuant to  40.1-5-8; or  (v) The court finds there is no reasonable likelihood that in the foreseeable future the defendant will become competent and the defendants condition is such that the defendant cannot properly be committed under  40.1-5-8.   (j) Period of commitment. When a court commits a defendant pursuant to subsection (i)(2) or (i)(3), it shall compute, counting from the date of entry to the order of commitment, the date of the expiration of the period of time equal to two thirds (23) of the maximum term of imprisonment for the most serious offense with which the defendant is charged. If the maximum term for the most serious offense charged is life imprisonment or death, the court shall, for the purpose of computation, deem the offense to be punishable by a maximum term of thirty (30) years. In the order of commitment, the court shall provide that if, on the date so computed, the defendant is still committed under the order, the charges against the defendant shall be dismissed.  (k) Periodic review. The director shall petition the court to review the state of competency of a defendant committed pursuant to subsection (i)(2) or (i)(3) not later than six (6) months from the date of the order of commitment and every six (6) months thereafter, or when the director believes the defendant is no longer incompetent, whichever occurs first. Outpatient facilities that are providing treatment to defendants in accordance with subsection (i)(2) shall prepare reports to be submitted to the director in accordance with the requirements of this section. The director shall attach to the petition a report on the condition of the defendant. If the report indicates that the defendant remains incompetent, it shall include a prognosis regarding the likelihood that the defendant will become competent prior to the dismissal of the charges pursuant to subsection (j). Copies of the report shall be given to the attorney for the state and to the defendant or the defendants counsel.  (l) Defendants right to petition. A defendant committed pursuant to subsection (i)(2) or (i)(3) may at any time petition the court to review the state of the defendants competency.  (m) Hearing on petition. Upon receipt of a petition pursuant to subsection (k) or (l) and appropriate notice to the defendant, the state, and the director, the court shall hold a hearing at which the parties may introduce evidence as to the defendants competency, including any reports of the director, and the defendant may testify, confront witnesses, and present evidence as to the defendants competency and prognosis. On the basis of the evidence, the court shall make a finding as to the defendants competency and, if the defendant is found to be incompetent, whether a reasonable likelihood exists that the defendant will become competent prior to the dismissal of the charges pursuant to subsection (j). If the court finds that the defendant is competent, it shall enter an order to that effect. If the court finds that the defendant is incompetent and that a reasonable likelihood exists that the defendant will become competent prior to the dismissal of the charges pursuant to subsection (j), it shall order continuation of the commitment of the defendant. If the court finds that the defendant is incompetent and that a reasonable likelihood does not exist that the defendant will become competent prior to the dismissal of the charges pursuant to subsection (j), it shall order that thirty (30) days thereafter the defendant be discharged from detention under the order of commitment. Upon entry of the order, the state may commence proceedings seeking to commit the defendant pursuant to  40.1-5-8.  (n) Statements inadmissible. No statements made by a defendant in the course of an examination conducted pursuant to subsection (d) or during a hearing conducted pursuant to subsection (i) or (m) shall be admissible in evidence against the defendant in any criminal action on any issue other than the defendants mental condition. The statements shall be admissible on the issue of the defendants mental condition even though they might otherwise be deemed to be privileged communications.  (o) Disposition of charges. The court may, at any time, proceed to a disposition of the charges pending against a defendant who has been committed pursuant to subsection (i)(2) or (i)(3) if the factual and legal issues involved can be resolved without regard to the competency of the defendant.  History of Section.P.L. 1973, ch. 175,  2; P.L. 1976, ch. 203,  2; P.L. 1976, ch. 261,  1; G.L. 1956,  26-4-3; P.L. 1979, ch. 39,  1; P.L. 1989, ch. 140,  1; 1989, ch. 158,  1; P.L. 1993, ch. 138, art. 57,  2; P.L. 1996, ch. 299,  1; P.L. 2012, ch. 307,  1; P.L. 2012, ch. 336,  1; P.L. 2022, ch. 231, art. 11,  8, effective June 27, 2022. 
 40.1-5.3-4. Commitment of persons acquitted on ground of insanity. (a) Definitions. As used in this section:  (1) Court means the court in which a defendant was adjudged not guilty of a criminal offense because he or she was insane at the time of its commission.  (2) Director means the director of the state department of behavioral healthcare, developmental disabilities and hospitals.  (3) Likelihood of serious harm means:  (i) A substantial risk of physical harm to the person him or herself as manifested by behavior evidencing serious threats of or attempts at suicide or by behavior that will result in serious bodily harm; or  (ii) A substantial risk of physical harm to other persons as manifested by behavior or threats evidencing homicidal or other violent behavior.  (4) Mental disability means a mental disorder in which the capacity of a person to exercise self control or judgment in the conduct of his or her affairs and social relations or to care for his or her own personal needs is significantly impaired.  (b) Examination of person found not guilty. If a person is adjudged not guilty of a criminal offense because he or she was insane at the time of its commission, the court shall commit him or her to the custody of the director for the purpose of observation and examination to determine whether the person is dangerous.  (c) Report of director.(1) Not later than twenty (20) days from the date of the order of commitment, the director shall prepare and file with the court a report, in writing, in which he or she shall state his or her opinion as to whether by reason of mental disability the persons unsupervised presence in the community will create a likelihood of serious harm, together with the medical and other data upon which his or her opinion is based. A copy of the report shall be given to the attorney general and to the person, or his or her counsel.  (2) In the event the director is unable to complete the examination of the person in time to render his or her report within the twenty-day (20) period, he or she shall report that fact, in writing, to the court with a statement of the reasons why the examination and report could not be completed within the prescribed period. A copy of the directors statement shall be given to the attorney general and to the person, or his or her counsel, any of whom may respond in writing, or if the court deems it appropriate, orally, to the directors statement. The court may thereupon enter an order, extending for an additional twenty (20) days the time in which the director is to file his or her report.   (d) Hearing. Upon receipt of the report and appropriate notice to the director, the attorney general, and the person, or his or her counsel, the court shall hold a hearing at which the report shall be introduced, other evidence bearing on the question of the mental condition of the person may be introduced by the parties, and the person may testify, confront witnesses, and present evidence.  (e) Commitment of person. If the court finds that the person is not dangerous, it shall order that he or she be discharged at once. If the court finds that the person is dangerous, it shall commit him or her to the custody of the director for care and treatment as an inpatient in a public institution. A person committed under this subsection shall not be paroled, furloughed, placed on outpatient status, or released from a locked facility or otherwise released from the institution where he or she is being treated except upon petition to the court by the director, on notice to the attorney general and the person, or his or her counsel, and entry of an order by a judge of the court authorizing the release.  (f) Periodic review. The director shall petition the court to review the condition of a person committed pursuant to subsection (e) not later than six (6) months from the date of the order of commitment and every six (6) months thereafter, or when the director no longer believes that the unsupervised presence of the person in the community will create a likelihood of serious harm, whichever occurs first. The director shall attach to the petition a report on the condition of the person. Copies of the report shall be given to the attorney general and to the defendant, or his or her counsel.  (g) Persons right to petition. A person committed pursuant to subsection (e) may at any time petition the court to review his or her condition.  (h) Hearing on petition. Upon receipt of a petition pursuant to subsection (f) or (g) and appropriate notice to the director, the attorney general, and the person, or his or her counsel, the court shall hold a hearing at which the parties may introduce evidence bearing on the mental condition of the person, including any reports of the director, and the person may testify, confront witnesses, and present evidence. If the court finds by clear and convincing evidence that by reason of mental disability the presence of the person in the community will create a likelihood of serious harm, it shall enter an order to that effect and he or she shall remain in the custody of the director. If the court does not so find, it shall enter an order discharging the person from the custody of the director.  (i) Transfer of nonresidents. In the case of a person who has been committed pursuant to subsection (e) and who is a resident of another state, the director, on notice to the attorney general and the person, or his or her counsel, may petition the court to transfer the person to the custody of officials of the state in which the person ordinarily resides. The court may, in its discretion, order the transfer of the person if it finds that appropriate officials of the state in which the person ordinarily resides are willing to accept custody of the person and provide care and treatment for him or her on such terms and conditions as the court deems to be necessary and proper to the peace and safety of the public and to the welfare of the person.  History of Section.P.L. 1973, ch. 175,  2; P.L. 1976, ch. 203,  2; P.L. 1976, ch. 261,  1; G.L. 1956,  26-4-4; P.L. 1979, ch. 39,  1. 
 40.1-5.3-5. Expenses of examination. All necessary expenses of an examination conducted under the provisions of  40.1-5.3-3 or 40.1-5.3-4 shall be paid by the general treasurer, upon recommendation of the justice or judge who orders the examination.  History of Section.P.L. 1973, ch. 175,  2; G.L. 1956,  26-4-5; P.L. 1979, ch. 39,  1. 
 40.1-5.3-6. Examination of persons awaiting trial or convicted and imprisoned for crime. On a petition of the director of the department of behavioral healthcare, developmental disabilities and hospitals, or on the petition of the director of the department of corrections, setting forth that any person awaiting trial or convicted of a crime and imprisoned for the crime in the adult correctional institutions is mentally ill and requires specialized mental health care and psychiatric in-patient services that cannot be provided in a correctional facility, a judge of the district court or justice of the superior court may order the examination of the person as in his or her discretion he or she shall deem appropriate.  History of Section.P.L. 1973, ch. 175,  2; G.L. 1956,  26-4-6; P.L. 1979, ch. 39,  1; P.L. 1987, ch. 231,  1; P.L. 1987, ch. 576,  1; P.L. 1989, ch. 542,  97; P.L. 2013, ch. 279,  1. 
 40.1-5.3-7. Hearing on petition. (a) Upon receipt of the petition and appropriate notice to the director, the attorney general, and the person, or his or her counsel, the court having jurisdiction over the case shall hold a hearing at which the parties may introduce evidence bearing on the mental condition of the person. The person who is the subject of the petition may testify, confront witnesses, and present evidence.  (b) If the court having jurisdiction over the case finds by clear and convincing evidence that the person is mentally ill and requires specialized mental health care and psychiatric inpatient services that cannot be provided in a correctional facility, the court may order the transfer of the prisoner from the adult correctional institutions, to be detained in the facility provided for in  40.1-5.3-1.  History of Section.P.L. 1973, ch. 175,  2; G.L. 1956,  26-4-7; P.L. 1979, ch. 39,  1; P.L. 1987, ch. 231,  1; P.L. 1987, ch. 576,  1; P.L. 1989, ch. 542,  97; P.L. 2013, ch. 279,  1. 
 40.1-5.3-8. Duration of order of transfer  Officer to whom directed. An order of transfer entered pursuant to  40.1-5.3-7 shall be for and during the term of the prisoners sentence, and shall be directed to the sheriff, or any of his or her deputies, of the county in which the prisoner stands committed.  History of Section.P.L. 1973, ch. 175,  2; G.L. 1956,  26-4-8; P.L. 1979, ch. 39,  1. 
 40.1-5.3-9.1. Hearing on petition. (a) Upon receipt of the petition and appropriate notice to the attorney general and the person, or his or her counsel, the court having jurisdiction over the case shall hold a hearing at which the parties may introduce evidence bearing on the mental condition of the person. The person who is the subject of the petition may testify, confront witnesses, and present evidence.  (b) If the court having jurisdiction over the case finds by a preponderance of the evidence that the person has sufficiently recovered his or her mental health, he or she shall, by order of the court having jurisdiction over the case in the courts discretion, be transferred from the facility as provided for in  40.1-5.3-1 to the place of his or her original confinement, to serve out the remainder of his or her term of sentence.  History of Section.P.L. 2013, ch. 279,  2. 
 40.1-5.3-9. Return to confinement. When any person transferred pursuant to  40.1-5.3-7 has sufficiently recovered his or her mental health, he or she may, upon petition of the director and by order of a judge of the district court or justice of the superior court in his or her discretion, be transferred to the place of his or her original confinement, to serve out the remainder of his or her term of sentence.  History of Section.P.L. 1973, ch. 175,  2; G.L. 1956,  26-4-9; P.L. 1979, ch. 39,  1; P.L. 1987, ch. 231,  1; P.L. 1987, ch. 576,  1; P.L. 1989, ch. 542,  97; P.L. 2013, ch. 279,  1. 
 40.1-5.4-1. Mental health services. The department of behavioral healthcare, developmental disabilities and hospitals shall be required to plan, develop, coordinate, and administer a complete, comprehensive, and integrated statewide system of mental health services. The department shall take cognizance of all matters affecting the mental health of the residents of the state, including those in the general population who require periodic, short-term therapeutic services as well as those with serious mental illness. Notwithstanding that, the departments highest priorities shall be to provide services to residents with serious mental illness; early and ongoing treatment and support for individuals with serious mental illness; and research into the cause and treatment of serious mental illness.  History of Section.P.L. 1994, ch. 247,  1. 
 40.1-5.4-10. Appropriations. The general assembly shall annually appropriate such sum as it deems necessary to enable the director of behavioral healthcare, developmental disabilities and hospitals to provide or secure services for adults with serious mental illness; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or sums or so much thereof as may be required, from time to time, upon the receipt by him or her of vouchers properly authenticated.  History of Section.P.L. 1994, ch. 247,  1. 
 40.1-5.4-11. Rules and regulations. The director of behavioral healthcare, developmental disabilities and hospitals, after consultation with agencies and individuals knowledgeable about and concerned with persons with serious mental illness, shall make and promulgate rules and regulations pertaining to services for persons with serious mental illness as specified in this chapter when the services are provided in whole or in part by the use of state and/or federal funds earmarked for persons with serious mental illness.  History of Section.P.L. 1994, ch. 247,  1. 
 40.1-5.4-12. Other obligations. Nothing in this chapter shall be construed to relieve any agency, state or local, from its obligations to provide services to individuals with serious mental illness.  History of Section.P.L. 1994, ch. 247,  1. 
 40.1-5.4-2. Division of mental health. Within the department of behavioral healthcare, developmental disabilities and hospitals, a division of integrated mental health services shall be established to carry out the purposes of this chapter.  History of Section.P.L. 1994, ch. 247,  1. 
 40.1-5.4-3. Control and maintenance of state-operated facilities. The maintenance, management, and control of state-operated facilities for persons with serious mental illness shall be the responsibility of the department of behavioral healthcare, developmental disabilities and hospitals.  History of Section.P.L. 1994, ch. 247,  1. 
 40.1-5.4-4. Powers and duties of director of behavioral healthcare, developmental disabilities and hospitals. The director of behavioral healthcare, developmental disabilities and hospitals shall, subject to available appropriations, have the following powers and duties:  (1) To be responsible for planning and developing a complete, comprehensive, and integrated statewide system of mental health services; provided that the departments highest priorities shall be to provide services to residents with serious mental illness, early and ongoing treatment and support for serious mental illness and research into the causes and treatment of serious mental illness, in the development of the system, the department shall consult with all facilities and agencies, both public and private, concerned with the mental health of the residents of Rhode Island;  (2) To implement the system in cooperation with providers of mental health services;  (3) To coordinate the efforts of the department of behavioral healthcare, developmental disabilities and hospitals with those of other state departments and agencies, municipal governments, as well as the federal government and private agencies concerned with, and providing services for, persons with serious mental illness;  (4) To be responsible for the administration of state-operated facilities established for the diagnosis, care, and rehabilitation of adults with serious mental illness and to ensure that there are adequate state facilities to provide these services;  (5) To have general supervision of all private facilities as that term is defined in  40.1-5-2(5) and to exercise the powers and duties provided for in  40.1-5-1 et seq.;  (6) To establish standards in conformance with generally accepted professional practice and to provide technical assistance to all state-supported diagnostic facilities, rehabilitation centers, community residences, community mental health centers, and other facilities for the persons with serious mental illness licensed by the department pursuant to  40.1-24-1 et seq.;  (7) To monitor and inspect to ensure compliance with the standards; provided, however, that none of the foregoing shall be applicable to any of the facilities wholly within the control of any other department of state government;  (8) To stimulate research by public and private agencies, institutions of higher learning, and hospitals, in the interest of the elimination and amelioration of serious mental illness, and care and treatment of persons with serious mental illness;  (9) To provide funding to the various community agencies and private nonprofit agencies, in amounts that will enable adults with serious mental illness to receive services appropriate to their individual needs;  (10) To take, hold, and administer in trust for the state any grant, devise, gift, or bequest made either to the state or to the department for the use of persons under its care or for the expenditure upon any work that the department is authorized to undertake;  (11) To establish and maintain a comprehensive program of community mental health services, utilizing the community mental health centers and other community mental health agencies and to establish standards for the development of these community programs;  (12) To exercise the powers and duties relating to community mental health centers in accordance with  40.1-8.5-1 et seq.;  (13) To exercise the powers and duties relating to the licensing of community mental health facilities in accordance with  40.1-24-1 et seq.;  (14) To consult with and assist the governors council on behavioral health in accordance with the requirements of chapter 29 of this title;  (15) To exercise the powers and duties relating to care and treatment of forensic patients in accordance with  40.1-5.3-1 et seq.;  (16) To cooperate with the department of corrections, the courts, and local and state law enforcement authorities to ensure adequate, fair, and humane treatment of persons with serious mental illness involved in the criminal justice system;  (17) To initiate transition planning:  (i) In cooperation with the department of children, youth and families and local school departments, for any person who receives services through the department of children, youth and families, is seriously emotionally disturbed or developmentally delayed pursuant to  42-72-5(b)(24)(v), and whose care may or shall be administered by the department of behavioral healthcare, developmental disabilities and hospitals after the age of twenty-one (21) years, the transition planning shall commence at least twelve (12) months prior to the childs twenty-first birthday and shall result in a collaborative plan submitted to the family court by both behavioral healthcare, developmental disabilities and hospitals and the department of children, youth and families and shall require the approval of the court prior to the dismissal of the abuse, neglect, dependency, or miscellaneous petition;  (ii) In cooperation with the individual, the parents/legal guardians and school districts for any other person whose care may or shall be administered by the department of behavioral healthcare, developmental disabilities and hospitals after the age of twenty-one (21) years, the transition planning shall commence at least twelve (12) months prior to the childs twenty-first birthday and shall specifically identify housing options, supportive services, health care, and workforce training or opportunities;  (18) To act in the capacity of state mental health authority as that term has meaning for a coordination of state mental health planning and policy, and as it also relates to requirements set forth in pertinent federal mental health laws and regulations;  (19) To propose, review, and/or approve, as appropriate, proposals, policies, or plans involving insurance or managed care systems for mental health services in Rhode Island or those aimed at improving the overall mental health of Rhode Island residents when the proposals, policies or plans relate to the publicly administered integrated state mental health service system.  History of Section.P.L. 1994, ch. 247,  1; P.L. 2015, ch. 118,  2; P.L. 2015, ch. 130,  2. 
 40.1-5.4-5. Purposes. The purposes of this chapter are as follows: (1) To advance the public interest, to promote, safeguard and protect the human dignity, constitutional and statutory rights and liberties, social well-being and general welfare of all residents with serious mental illness of the state;  (2) To provide or to secure certain social, protective, supportive, rehabilitative, emergency, and other types of appropriate services for adults with serious mental illness;  (3) To establish, maintain and coordinate a comprehensive, effective, and efficient system of services for persons with serious mental illness;  (4) To promote the coordination of all available services, both general and specialized, for adults with serious mental illness, under public and private auspices; and  (5) To ensure that adults with serious mental illness who receive services from agencies or facilities licensed by the department pursuant to  40.1-24-1 et seq., receive psychiatric, social, rehabilitative, housing assistance, and case-management services as prescribed in an individualized treatment plan, developed with the participation of the adult with serious mental illness, and when possible, his or her family or guardian or interested friend.  History of Section.P.L. 1994, ch. 247,  1. 
 40.1-5.4-6. Declaration of policy. It is the policy of this state to provide persons with serious mental illness adequate and humane care, that, to the extent possible, while meeting the purposes of rehabilitation and treatment, is:  (1) Within each persons own community, recognizing that some services are appropriately provided in facilities that provide services to the entire state;  (2) Least restrictive of the persons freedom of movement and ability to function normally in society while being appropriate to the persons individual capacity and needs;  (3) Directed toward eliminating the need for services and promoting the persons independence.  History of Section.P.L. 1994, ch. 247,  1. 
 40.1-5.4-7. Definitions. When used in this chapter: (1) Adult with serious mental illness means a person with serious mental illness, eighteen (18) years or older and not under the jurisdiction of the department of children, youth and families.  (2) Case management means the services provided by mental health staff for the purpose of monitoring and assisting clients in their overall life situations, including gaining access to needed medical, social, educational, residential, vocational, and other services necessary to meeting basic human needs. These services may include, but are not necessarily limited to:  (i) Maintaining assessments and evaluations necessary for establishing eligibility of services;  (ii) Participation in the treatment planning process and monitoring client progress in meeting the goals and objectives of the plan;  (iii) Locating, monitoring, and coordinating all necessary medical, social, psychiatric, and residential services;  (iv) Assisting in the development of appropriate social networks;  (v) Assistance with other activities necessary to maintain psychiatric stability in a community-based setting.  (3) Community mental health centers means the eight (8) private, nonprofit agencies established pursuant to  40.1-8.5-1 et seq.  (4) Community support program means a program of services, including case-management services, supports, and treatment that allow adults with serious mental illness to function effectively in the community.  (5) Department means the department of behavioral healthcare, developmental disabilities and hospitals.  (6) Diagnosis and evaluation means a process to determine whether and to what extent an individual has a serious mental illness and a study of the individuals condition, situation, and needs that lead to a recommendation of what services, if any, would benefit the individual.  (7) Emergency services means crisis intervention services available on a twenty-four (24) hour, seven-day-a-week (7) basis; the intervention shall include screening and evaluation of the need for inpatient or outpatient treatment and admission to such services, as appropriate.  (8) Individualized treatment plan means a written plan, however named, that includes, but shall not be limited to, the following:  (i) An evaluation of the strengths, difficulties, needs, and goals of the individual;  (ii) A description of those services, including supportive, rehabilitative, housing assistance, and case-management services, found to be necessary or appropriate to assist the individual in realizing his or her potential for self-sufficiency in major life activities and in moving towards recovery;  (iii) A description of the agencies and/or individuals, who or that are proposed to provide each of the recommended services;  (iv) The intermediate and long-range objectives for the individuals rehabilitation and well-being;  (v) The expected duration for the provision of each of the services;  (vi) A description of the tests and other evaluative devices used and their results;  (vii) Proposed criteria for monitoring and evaluating the success of the services in meeting the individuals needs; and  (viii) The signatures of the preparers of the plan and the date the plan was prepared. This plan shall be reviewed at least annually.  (9) Rehabilitative services means and includes, but shall not be limited to, medication supervision and maintenance, counseling, day-treatment programs, clinical services, vocational, and psychiatric services.  (10) Serious mental illness means an illness which is biologically based, severe in degree, and persistent in duration, which causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, which may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support and which may be of lifetime duration. Serious mental illness includes schizophrenia, bipolar disorders, as well as a spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include infirmities of aging or a primary diagnosis of mental retardation, alcohol or drug abuse, or anti-social behavior.  History of Section.P.L. 1994, ch. 247,  1. 
 40.1-5.4-8. Admission to mental health services. Persons with serious mental health illness shall be admitted for mental health services under the provisions of this chapter in accordance with the following procedures:  (1) Any person seeking services from the publicly administered integrated state mental health service system may apply to an approved community mental health program. A parent, guardian, relative, or interested friend of the person may request services from an approved community mental health program.  (2) After the initial diagnosis and evaluation is completed:  (i) A determination will be made regarding whether the person has a serious mental illness, and if so, what level of services is initially indicated;  (ii) An individualized treatment plan for each person shall be established that shall include services that are necessary and appropriate to the persons condition of serious mental illness;  (iii) Every effort shall be made to involve the person with serious mental illness, his or her guardian, parent, relative, or interested friend in the creation of the individualized treatment plan; and  (iv) Each person and his or her guardian shall, upon request, be offered a written copy of an approved individualized treatment plan developed for the person.  History of Section.P.L. 1994, ch. 247,  1. 
 40.1-5.4-9. Authority to lease. Notwithstanding the provisions of  42-11-2, the department of behavioral healthcare, developmental disabilities and hospitals may make available, on terms and conditions and for the period it deems proper, facilities under its jurisdiction, or space therein, to affiliating nonprofit agencies, provided that the premises are utilized for direct or supportive services to persons who are mentally ill and their families, and/or for education and training of any discipline concerned with the problems of serious mental illness and/or research directed to the problems of serious mental illness.  History of Section.P.L. 1994, ch. 247,  1; P.L. 1999, ch. 83,  107; P.L. 1999, ch. 130,  107. 
 40.1-5-1. Short title. This chapter shall be known as the Mental Health Law. History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-1; Reorg. Plan No. 1, 1970; P.L. 1974, ch. 119,  1. 
 40.1-5-10. Periodic institutional review proceedings. (a) In general. Each patient admitted or certified to a facility pursuant to the provisions of this chapter shall be the subject of a periodic review of his or her condition and status to be conducted by a review committee composed of at least one psychiatrist and other mental health professionals involved in treating the patient. The committee shall be composed of no fewer than three (3) persons and shall be appointed by the director of the facility or his or her designated agent. The reviews shall minimally involve an evaluation of the quality of care the patient is receiving, including an evaluation of the patients treatment plan, and the making of any recommendations for the improvement of the care or for the revision of the treatment plan, including alternative available living arrangements, foster care, community residential facilities, nursing homes, and other convalescent facilities. At every fourth review, one member of the committee shall be a member of the hospitals utilization review committee appointed by that committees chairperson.  (b) Frequency. The review proceedings shall take place at least once within each ninety-day (90) period during which a person is a patient in the facility.  (c) Results of review. The results of each review shall be entered in the patients medical record, presented orally to the patient within twenty-four (24) hours, and confirmed by written notice to the patient and his or her guardian, or with the patients consent, to his or her next of kin, within seventy-two (72) hours. In the event the director of the facility is not a member of the committee, the notice shall be transmitted to him or her as well. Where the committee determines that further care in the facility is required, the notice to the patient shall include an explanation of the patients rights to pursue discharge as elsewhere provided in this chapter.  History of Section.P.L. 1974, ch. 119,  1; P.L. 1976, ch. 215,  1. 
 40.1-5-11. Discharge  Recertification. (a) The official in charge of any facility, or his or her designated agent, on having his or her reasons noted on the patients records, shall discharge any patient certified or admitted pursuant to the provisions of this chapter, when:  (1) Suitable alternatives to certification or admission are available;  (2) The patient is, in the judgment of the official, recovered;  (3) The patient is not recovered, but discharge, in the judgment of the official, will not create a likelihood of serious harm by reason of psychiatric disability.  (b) When a patient discharge is requested and if the discharge is denied, the reasons therefor shall be stated, in writing, and noted in the patients record and a copy thereof shall be given to the person applying for the release.  (c) At the expiration of the six-month (6) period set forth in  40.1-5-8(j), or any subsequent six-month (6) period following recertification pursuant to this section, the patient shall be unconditionally released unless a recertification petition is filed by the official in charge of a facility, or his or her designated agent, within no less than fifteen (15) days and no more than thirty (30) days prior to the scheduled expiration date of a six-month (6) period. A hearing must be held pursuant to the petition and a decision rendered before the expiration of the six-month (6) period. A recertification hearing shall follow all of the procedures set forth in  40.1-5-8 and recertification may be ordered only if the petitioner proves by clear and convincing evidence that the conduct and responses of the patient during the course of the previous six-month (6) period indicate that the patient is presently in need of care and treatment in a facility; is one whose continued unsupervised presence in the community would create a likelihood of serious harm by reason of psychiatric disability; and that all alternatives to recertification have been investigated and deemed unsuitable.  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-13; Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-13; P.L. 1974, ch. 119,  1; P.L. 1976, ch. 203,  1; P.L. 2022, ch. 231, art. 11,  7, effective June 27, 2022. 
 40.1-5-12. Habeas corpus and other remedies. Nothing in this chapter shall be construed as abrogating any rights of a person certified or someone acting on his or her behalf to petition for writ of habeas corpus and/or other relief. In addition, petitions may be specifically based upon, but not limited to, the following grounds:  (1) An alleged insufficiency or illegality of the proceedings leading to the patients certification not previously litigated on appeal;  (2) Although the certification proceedings were proper, the patients continued detention or hospitalization or the form of his or her hospitalization is not warranted under the provisions of this chapter;  (3) The absence of a planned and adequate treatment program to meet the needs of the patient.  History of Section.P.L. 1974, ch. 119,  1. 
 40.1-5-13. Mental health advocate. There is hereby created the office of mental health advocate. History of Section.P.L. 1974, ch. 119,  1. 
 40.1-5-14. Appointment and term of office of mental health advocate. The governor, with the advice and consent of the senate, shall appoint a member of the bar of this state who has been practicing law for at least five (5) years to fill the office of the mental health advocate. The appointment shall be made from a list of at least three (3) persons prepared and submitted by a committee consisting of one attorney appointed by the Rhode Island Disability Law Center; one person appointed by the Rhode Island Association for Mental Health; one person appointed by the Alliance for the Mentally Ill of Rhode Island; three (3) persons appointed by the Coalition of Consumer Self Advocates; one psychiatrist, appointed by the Rhode Island district branch of the American Psychiatric Association; one psychologist appointed by the Rhode Island Psychological Association; one social worker appointed by the Rhode Island chapter of the National Association of Social Workers; and two (2) members of the general public appointed by the governor. The person appointed mental health advocate shall hold office for a term of five (5) years and shall continue to hold office until his or her successor is appointed and qualified.  History of Section.P.L. 1974, ch. 119,  1; P.L. 1980, ch. 226,  12; P.L. 1991, ch. 146,  1; P.L. 1991, ch. 228,  1; P.L. 1999, ch. 83,  106; P.L. 1999, ch. 130,  106. 
 40.1-5-15. Staff of mental health advocate. The mental health advocate may appoint assistants as may be deemed necessary whose powers and duties shall be similar to those imposed upon the mental health advocate by law and shall be performed under and by the advice and direction of the mental health advocate.  History of Section.P.L. 1974, ch. 119,  1. 
 40.1-5-16. Appropriations. The general assembly shall annually appropriate such sums as it may deem necessary for the payment of the salaries of such clerical assistance as may be deemed necessary and for the payment of office expenses and other actual expenses incurred by the mental health advocate in the performance of his or her duties; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums, or so much thereof, as may from time to time be required, upon receipt by him or her of proper vouchers approved by the mental health advocate.  History of Section.P.L. 1974, ch. 119,  1. 
 40.1-5-17. Assistance of indigent persons. If the mental health advocate, after examination and investigation of a financial statement of a person subject to the provisions of this chapter, is satisfied that the person submitting the financial statement is indigent, the mental health advocate or one of his or her assistants shall represent the person.  History of Section.P.L. 1974, ch. 119,  1. 
 40.1-5-18. Confidentiality of information received. The mental health advocate, his or her assistants, and every employee of his or her office are hereby expressly prohibited from divulging to any individual not officially connected with his or her office any information obtained by the mental health advocate, his or her assistants, or any employee of that office in the regular course of their duty or from any financial statement submitted from the permanent records of that office, that would reveal any of the information relative to the financial status of any person submitting a financial statement; every request for information directed to the mental health advocate shall be denied if the request would necessitate that individual to divulge any information that is herein declared to be held confidential by the mental health advocate.  History of Section.P.L. 1974, ch. 119,  1. 
 40.1-5-19. False statements and representations. Whoever knowingly makes a false statement or representation to the mental health advocate, his or her assistants, or any employee of his or her office to obtain the legal services of the mental health advocate or one of his or her assistants under this chapter, either for him or herself or for any other person, shall, upon conviction, be punished by a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300), or by imprisonment not longer than thirty (30) days, or both a fine and imprisonment; and each false statement or representation shall constitute a separate and distinct offense.  History of Section.P.L. 1974, ch. 119,  1. 
 40.1-5-2. Definitions. Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter, or in any printed forms prepared by the department or the director, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:  (1) Alternatives to admission or certification means alternatives to a particular facility or treatment program, and shall include, but not be limited to, voluntary or court-ordered outpatient treatment, day treatment in a hospital, night treatment in a hospital, placement in the custody of a friend or relative, placement in a nursing home, referral to a community mental health clinic and home health aide services, or any other services that may be deemed appropriate.  (2) Care and treatment means psychiatric care, together with such medical, nursing, psychological, social, rehabilitative, and maintenance services as may be required by a patient in association with the psychiatric care provided pursuant to an individualized treatment plan recorded in the patients medical record.  (3) Department means the state department of behavioral healthcare, developmental disabilities and hospitals.  (4) Director means the director of the state department of behavioral healthcare, developmental disabilities and hospitals.  (5)(i) Facility means any public or private hospital licensed by the Rhode Island department of health that maintains staff and facilities, including inpatient units, for the care and treatment of persons with psychiatric illness, psychiatric disorders, and/or psychiatric disabilities; and in order to operate pursuant to the Mental Health Act as codified in this chapter, such facility and/or inpatient unit must be approved by the director of the department of behavioral healthcare, developmental disabilities and hospitals upon application of such facility and/or inpatient unit, and any of the several community mental health services established pursuant to chapter 8.5 of this title. Nothing contained herein shall be construed to amend or repeal any of the provisions of chapter 16 of title 23.  (ii) The Eleanor Slater hospital shall be required to apply to the department for approval from the director to operate pursuant to this chapter.  (iii) The Rhode Island state psychiatric hospital shall be required to apply to the department for approval from the director to operate pursuant to this chapter.  (6) Indigent person means a person who has not sufficient property or income to support himself or herself, and to support the members of his or her family dependent upon him or her for support, and/or is unable to pay the fees and costs incurred pursuant to any legal proceedings conducted under the provisions of this chapter.  (7) Likelihood of serious harm means:  (i) A substantial risk of physical harm to the person himself or herself as manifested by behavior evidencing serious threats of, or attempts at, suicide;  (ii) A substantial risk of physical harm to other persons as manifested by behavior or threats evidencing homicidal or other violent behavior; or  (iii) A substantial risk of physical harm to the mentally disabled person as manifested by behavior that has created a grave, clear, and present risk to the persons physical health and safety.  (iv) In determining whether there exists a likelihood of serious harm, the physician and the court may consider previous acts, diagnosis, words, or thoughts of the patient. If a patient has been incarcerated, or institutionalized, or in a controlled environment of any kind, the court may give great weight to such prior acts, diagnosis, words, or thoughts.  (8) Mental health professional means a psychiatrist, psychologist, or social worker and such other persons, including psychiatric nurse clinicians, as may be defined by rules and regulations promulgated by the director.  (9) NICS database means the National Instant Criminal Background Check System as created pursuant to section 103(b) of the Brady Handgun Violence Prevention Act (Brady Act), Pub. L. No. 103-159, 107 Stat. 1536 as established by 28 C.F.R. 25.1.  (10) Patient means a person admitted voluntarily, certified or re-certified admitted to a facility according to the provisions of this chapter.  (11) Physician means a person licensed by the Rhode Island department of health to practice medicine pursuant to chapter 37 of title 5.  (12) Psychiatric disability means a mental disorder in which the capacity of a person to exercise self-control or judgment in the conduct of the persons affairs and social relations, or to care for the persons own personal needs, is significantly impaired.  (13) Psychiatric nurse clinician means a professional registered nurse with a masters degree in psychiatric nursing or related field who is licensed by the Rhode Island department of health pursuant to chapter 34 of title 5 and who is currently working in the mental health field as defined by the American Nurses Association, and/or a licensed advanced practice registered nurse with a population focus of psychiatric/mental health population focus as defined in paragraphs (2) and (12)(vi) of  5-34-3.  (14) Psychiatrist means a person licensed by the Rhode Island department of health to practice medicine pursuant to chapter 37 of title 5 who has, in addition, completed three (3) years of graduate psychiatric training in a program approved by the American Medical Association or American Osteopathic Association.  (15) Psychologist means a person licensed by the Rhode Island department of health pursuant to chapter 44 of title 5.  (16) Social worker means a person who has a masters or further advanced degree from a school of social work, that is accredited by the council of social work education and who is licensed by the Rhode Island department of health pursuant to chapter 39.1 of title 5.  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-2; Reorg. Plan No. 1, 1970; P.L. 1974, ch. 119,  1; P.L. 1976, ch. 203,  1; P.L. 1976, ch. 215,  1; P.L. 1988, ch. 345,  1; P.L. 1994, ch. 173,  1; P.L. 2006, ch. 216,  28; P.L. 2014, ch. 423,  2; P.L. 2014, ch. 455,  2; P.L. 2020, ch. 79, art. 1,  38; P.L. 2022, ch. 231, art. 11,  7, effective June 27, 2022. 
 40.1-5-20. Exemption from court fees or charges. Any client represented by the mental health advocate, or his or her assistants, under the provisions of this chapter shall not be required to pay any fees to the district, superior, family, or supreme courts or the clerks thereof, or any fees or charges for the services or travel of deputy sheriffs for serving any writ, citation, subpoena, or other process or for making copies of the writs.  History of Section.P.L. 1974, ch. 119,  1; P.L. 2012, ch. 324,  73. 
 40.1-5-21. Annual report. The mental health advocate shall annually submit to the governor, the director, and the general assembly a detailed report analyzing the work of his or her office and any recommendations resulting therefrom.  History of Section.P.L. 1974, ch. 119,  1. 
 40.1-5-22. Duties of the mental health advocate. The mental health advocate shall perform the following duties: (1) Ensure that each person in treatment and, in proper cases, others interested in the persons welfare, is apprised of his or her rights under this chapter.  (2) Review periodically the procedures established by facilities to carry out provisions of this chapter.  (3) Assist any patient to obtain needed legal assistance concerning problems not related to the provisions of this chapter by referring the persons to appropriate lawyer referral services, public or private, depending upon the persons ability to pay, and assist the persons in the preparation and transmission of correspondence, forms, and other communications.  (4) Review complaints of persons and investigate those where it appears that a person may be in need of assistance from the mental health advocate.  (5) Investigate and report to the director or person in charge of any facility, any occurrences, conditions, or practices with respect to procedure, personnel, or facilities that reflect inadequacies with reference to the provisions of this chapter.  (6) Act as counsel for all indigent persons and to assist other than indigents to secure counsel relating to the application of the provisions of this chapter, including, but not limited to, judicial proceedings hereunder.  (7) Take all possible action including, but not limited to, programs of public education, legislative advocacy, and formal legal action, to secure and ensure the legal, civil, and special rights of persons who are subject to the provisions of this chapter.  (8) Establish a formal liaison between the mental health advocate and community-based mental health clinics and other community facilities.  History of Section.P.L. 1974, ch. 119,  1; P.L. 1980, ch. 226,  12; P.L. 1982, ch. 414,  14. 
 40.1-5-23. Access to information. The mental health advocate shall have access to the following information: (1) The names of all persons in treatment, and the date and place where treatment was begun, unless the patient specifically objects in writing. The patient shall be informed of his or her right to so object at the time of his or her admission.  (2) All written protests and withdrawals of protests of involuntary treatment.  (3) All current records required to be maintained under the provisions of this chapter, pertaining to individualized treatment plans and notices of denials of special rights, provided that the patient in treatment or guardian gives written permission.  History of Section.P.L. 1974, ch. 119,  1; P.L. 1976, ch. 215,  1. 
 40.1-5-24.1. Powers to accept grants and bequests. The mental health advocate shall have the power to apply for and accept grants and bequests of funds from other states, governmental agencies, and independent authorities, and private firms, individuals, and foundations, with the approval of the director of administration. The funds shall be deposited with the general treasurer as general revenues.  History of Section.P.L. 1986, ch. 250,  1; P.L. 1995, ch. 370, art. 40,  123. 
 40.1-5-24. Rights and powers of mental health advocate. The mental health advocate shall have the following rights and powers: (1) To communicate privately by mail or orally with any person in treatment.  (2) To inspect all records relating to persons in treatment provided that the person in treatment or his or her guardian gives written permission.  (3) To take whatever steps are appropriate to see that persons are made aware of the services of the mental health advocates office, its purpose, and how it can be contacted. Officials in charge of each facility shall cooperate with the mental health advocate in this respect.  (4) To take such actions that he or she deems appropriate to protect the rights of those criminally insane patients included within the forensic unit of the department of behavioral healthcare, developmental disabilities and hospitals and those previously considered to be within the authority of the interstate compact on the mentally disordered offender.  (5) To take necessary action to protect the rights of clients of community mental health centers.  (6) To provide legal representation for indigent persons receiving inpatient treatment for substance abuse.  History of Section.P.L. 1974, ch. 119,  1; P.L. 1980, ch. 341,  2; P.L. 1986, ch. 185,  1; P.L. 1987, ch. 470,  1. 
 40.1-5-25. Use of confidential information. Personnel of the mental health advocates office shall be restricted in their use of confidential information by the applicable provisions of this chapter.  History of Section.P.L. 1974, ch. 119,  1. 
 40.1-5-26. Disclosure of confidential information and records. (a) The fact of admission or certification, and all information and records compiled, obtained, or maintained in the course of providing services to persons under this chapter, shall be confidential.  (b) Information and records may be disclosed only:  (1) To any person, with the written consent of the patient, or his or her guardian.  (2) In communications among qualified medical or mental health professionals in the provision of services or appropriate referrals, or in the course of court proceedings. The consent of the patient, or his or her guardian, must be obtained before information or records may be disclosed by a professional person employed by a facility to a professional person not employed by the facility who does not have the medical responsibility for the patients care.  (3) When the person receiving services, or his or her guardian, designates persons to whom information or records may be released, or if the person is a minor, when his or her parents or guardian make the designation.  (4) To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient, for aid, insurance, or medical assistance to which he or she may be entitled.  (5) To proper medical authorities for the purpose of providing emergency medical treatment where the persons life or health are in immediate jeopardy.  (6) For program evaluation and/or research, provided that the director adopts rules for the conduct of the evaluations and/or research. The rules shall include, but need not be limited to, the requirement that all evaluators and researchers must sign an oath of confidentiality, agreeing not to divulge, publish, or otherwise make known, to unauthorized persons or the public, any information obtained in the course of the evaluation or research regarding persons who have received services such that the person who received the services is identifiable.  (7) To the courts, and persons designated by judges thereof, in accordance with applicable rules of procedure. The records and files maintained in any court proceeding pursuant to this chapter shall be confidential and available only to the person who was the subject of the proceeding, or his or her attorney.  (8) To the state medical examiner in connection with the investigation of a fatality of a current or former patient to the extent necessary to assist the medical examiner in determining the cause of death.  (9) To the director of health in accordance with, and to the extent authorized by, the provisions of chapter 37.3 of title 5 and all applicable federal laws and regulations; provided, however, that with respect to any information obtained, the department complies with all state and federal confidentiality laws, including, but not limited to, chapter 37.3 of title 5 and specifically  5-37.3-4(c), and that the name, or names, of the patient, or patients, who is or are determined by the director of health to be immaterial to the request, inquiry, or investigation remain unidentifiable. Any treatment facility that provides information to the director of health in accord with a request under this subsection is not liable for wrongful disclosure arising out of any subsequent disclosure by the director of health.  (10) To a probate court of competent jurisdiction, petitioner, respondent, and/or their attorneys, when the information is contained within a decision-making assessment tool that conforms to the provisions of  33-15-47.  (11) To the department of children, youth and families and/or the departments contracted designee for the purpose of facilitating effective care planning pursuant to  42-72-5.2(2) and in accordance with applicable state and federal laws, for a child hospitalized for psychiatric services and such services are paid for in whole or in part by the state, or for a child who may be discharged from an acute-care facility to an out-of-home mental or behavioral health agency for services and when such services will be paid for in whole or in part by the state.  (12) To the RIte Care health plans for any child enrolled in RIte Care.  (13) To the NICS database for firearms disqualifying information provided that only individual identifying information required by  40.1-5-8(l) is submitted.  History of Section.P.L. 1974, ch. 119,  1; P.L. 1976, ch. 215,  1; P.L. 1988, ch. 351,  1; P.L. 1999, ch. 158,  1; P.L. 1999, ch. 368,  1; P.L. 2000, ch. 352,  1; P.L. 2004, ch. 314,  2; P.L. 2005, ch. 400,  2; P.L. 2010, ch. 23, art. 14,  1; P.L. 2014, ch. 423,  2; P.L. 2014, ch. 455,  2. 
 40.1-5-27.1. Disclosure by mental health professional. (a) Notwithstanding  40.1-5-26 and 40.1-5-27, a mental health professional providing care and treatment to an adult person with a psychiatric disability as defined in  40.1-5-2(12) may provide certain information to a family member or other person if this family member or other person lives with and provides direct care to the psychiatrically disabled person, and without such direct care there would be significant deterioration in the psychiatrically disabled persons daily functioning, and such disclosure would directly assist in the care of the psychiatrically disabled person. Disclosure can be made only at the written request of the family member or person living with the psychiatrically disabled person.  (b) Prior to the disclosure, the psychiatrically disabled person shall be informed, in writing, of the request, the name of the person requesting the information, the reason for the request, and the specific information being provided. Prior to disclosure, the psychiatrically disabled person shall be provided the opportunity to give or withhold consent. If the psychiatrically disabled person withholds consent, the information shall not be disclosed and the family member or other person shall be provided the opportunity to appeal. Disclosures shall be limited to information regarding diagnosis, admission to or discharge from a treatment facility, the name of the medication prescribed, and side effects of prescribed medication.  (c) On or before April 1, 1993, the department of behavioral healthcare, developmental disabilities and hospitals shall promulgate rules and regulations to further define and interpret the provisions of this section. In the development of these rules and regulations, the department shall work with an advisory committee composed, at a minimum, of proportionate representation from the following: the Coalition of Consumer Self Advocates, the Alliance for the Mentally Ill, the Mental Health Association of Rhode Island, the Council of Community Mental Health Centers, the mental health advocate, and Rhode Island Protection and Advocacy Services. Rules and regulations by the department shall include the provision of an appeals process, that would serve to protect the rights of psychiatrically disabled persons under the law.  History of Section.P.L. 1992, ch. 256,  1; P.L. 2022, ch. 231, art. 11,  7, effective June 27, 2022. 
 40.1-5-27. Release of information to patients family. Nothing in this chapter shall prohibit the release of information to a patients attorney, his or her guardian or conservator, if any, or a member of the patients family the information that the person is presently a patient in the facility or that the person is seriously physically ill, if the official in charge of the facility or his or her designated agent determines that the release of the information is in the best interests of the person. Upon the death of a patient, his or her guardian or conservator, if any, and a member of his or her family shall be notified.  History of Section.P.L. 1974, ch. 119,  1; P.L. 1976, ch. 215,  1. 
 40.1-5-28. Notice of disappearance of patient. When disclosure is necessary for the protection of the patient or others due to his or her unauthorized disappearance from the facility, and his or her whereabouts is unknown, notice of the disappearance, along with relevant information, shall be made to relatives and governmental law enforcement agencies designated by the physician in charge of the patient or the professional person in charge of the facility, or his or her professional designee.  History of Section.P.L. 1974, ch. 119,  1. 
 40.1-5-29. Record of disclosure. When any disclosure of information or records is made, the physician in charge of the patient or the professional person in charge of the facility, or his or her designee, shall promptly cause to be entered into the patients medical record the date and circumstances under which the disclosure was made, the names, and relationships to the patient, if any, of the person or agencies to whom the disclosure was made, and the information disclosed.  History of Section.P.L. 1974, ch. 119,  1. 
 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.  History of Section.P.L. 1966, ch. 100,  1; P.L. 1968, ch. 168,  1; G.L. 1956,  40-20-3; Reorg. Plan No. 1, 1970; P.L. 1974, ch. 119,  1. 
 40.1-5-30. Statistical data. Nothing in this chapter shall be construed to prohibit the compilation and publication of anonymous statistical data for use by government or researchers under standards.  History of Section.P.L. 1974, ch. 119,  1. 
 40.1-5-31. Maintenance of facilities. Facilities under the jurisdiction, supervision, and control of the department shall be maintained, and services shall be provided, for the care and treatment of the psychiatrically disabled of the state and for other persons and related purposes as shall be provided and authorized by law.  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-17; Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-17; P.L. 1974, ch. 119,  1; P.L. 2022, ch. 231, art. 11,  7, effective June 27, 2022. 
 40.1-5-32. Transfer of patients. (a) No transfer of a patient already in a facility shall be made to a facility, or section of a facility, maintained for patients certified upon an order of a court or judge having criminal jurisdiction in a proceeding arising out of a criminal offense. The official in charge of a facility, or the officials designated agent, shall have reasonable discretion to order or permit transfers within a facility for reason of finances, adequacy of personnel, and upon conditions set forth in rules or regulations promulgated by the director pursuant hereto.  (b) A patient certified to any facility pursuant to the provisions of this chapter may be transferred, with the patients consent or that of the patients guardian, to any facility within or without the state or to an institution operated by the Veterans Administration or to any agency of the United States government for the treatment of psychiatric disability at a facility under its jurisdiction, within or without the state, when deemed in the interest of the patient and approved by the transferring and receiving facilities. A transfer as above described may be accomplished without the consent of a patient, or the patients guardian, only upon prior application to, and a hearing in, the district court (or family court in the case of a patient under eighteen (18) years of age) and a specific finding by the court that the proposed transfer is in the best interests of the patient and is to a facility that will afford the patient the care and treatment necessary and appropriate to the patients condition.  (c) A patient received on voluntary admission may be transferred as provided in subsection (b) with the patients consent; and if the patient shall not yet have attained the patients eighteenth birthday, with the consent of the patients parent, guardian, next of kin, or person who signed for his or her admission. A voluntary patient may be transferred to another facility without the patients consent only upon the filing of a petition for certification to the facility, and a finding of probable cause at a preliminary hearing in accordance with  40.1-5-8.  (d) Patients transferred to facilities without the state, or to the Veterans Administration or the United States Public Health Service, or another agency operated by the United States government, shall be subject to the rules and regulations of the facility or institution to which they are transferred, and the person or official in charge thereof, in connection with the care and treatment of the patient, being vested with the same powers as persons in charge of similar facilities within the state, provided that no such transfer shall be made to a facility maintained for the purpose of patients committed upon an order of a court or judge having criminal jurisdiction in a proceeding arising out of a criminal offense. Transfers of patients between states that have entered into the interstate compact on mental health shall be pursuant to and in accordance with said compact whenever applicable.  History of Section.P.L. 1966, ch. 100,  1; P.L. 1968, ch. 168,  6; G.L. 1956,  40-20-15; Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-15; P.L. 1974, ch. 119,  1; P.L. 1976, ch. 215,  1; P.L. 1983, ch. 30,  1; P.L. 2001, ch. 80,  1; P.L. 2022, ch. 231, art. 11,  7, effective June 27, 2022. 
 40.1-5-33. Payment for care and treatment. For the purposes of this chapter, facilities shall be maintained by the state for the care, treatment, and maintenance of the psychiatrically disabled, and the patients may be maintained and treated in the facilities or in foster family care, and may receive the services conditioned upon prompt and regular payments for the care, maintenance, and treatment or for the services in amounts as fixed by the director. In the discretion of the director, the rates so fixed may be the reimbursement rates or in excess thereof. A preference shall be given to persons whose estate, or the person or persons legally liable for their support, cannot sufficiently pay for the care and treatment, or for the services in licensed private facilities or from sources outside the department. The director, in the directors discretion, may accept payments for services at less than the reimbursement rates, but the acceptance of the lesser payments shall not release the patient, the patients estate, or relatives, if they have sufficient financial ability, from the obligation to make up the difference between the amount fixed, accepted, or paid and the full reimbursement rates.  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-18, Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-18; P.L. 1974, ch. 119,  1; P.L. 2022, ch. 231, art. 11,  7, effective June 27, 2022. 
 40.1-5-34. Exclusiveness of this chapter. Where under any provision of any existing law, except in the case of a person held under criminal process, or under process of the family court for an act that would be considered a crime if committed by an adult, any person with psychiatric disability, as defined in this chapter, shall have recourse to or be dealt with as provided in this chapter, exclusively. This section shall prevail notwithstanding the provisions of  14-1-5(1)(v).  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-20, Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-20; P.L. 1974, ch. 119,  1; P.L. 1997, ch. 326,  136; P.L. 2022, ch. 231, art. 11,  7, effective June 27, 2022. 
 40.1-5-35. Support of poor or indigent patients. The director may maintain without charge or defray the expense of care and treatment of such poor or indigent persons as are mentally disabled patients under treatment in accordance with the provisions of this chapter, who may have been admitted or certified to any facility under the provisions hereof. No person shall be denied care and treatment under the provisions of this chapter at any facility maintained by the state because he or she is unable to pay for the care and treatment.  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-21, Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-21; P.L. 1974, ch. 119,  1. 
 40.1-5-36. Guardians ad litem. (a) At any hearing hereunder or upon application thereto, the district court, or family court in the case of a patient under eighteen (18) years of age, may appoint guardians ad litem to represent any patient in matters concerning the provisions of this chapter. It shall be the duty of the guardian ad litem to make an investigation of the facts, and to report the facts to the court with his or her recommendations if any.  (b) The guardian ad litem shall be paid for his or her services, in an amount to be approved by the court, and the guardian ad litems services shall be paid from the estate of the patient, or if so ordered by the court, shall be paid by the state, and reimbursement shall be had by the state from the estate and assets of the patient, in the same manner as reimbursement for care and treatment is had by the state.  (c) A party aggrieved by a final order of the court may seek review thereof in the supreme court by writ of certiorari in accordance with the procedures contained in  42-35-16.  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-22, Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-22; P.L. 1974, ch. 119,  1; P.L. 1976, ch. 140,  19. 
 40.1-5-37. Service of process on patients. No civil process or notice shall be served upon any patient, unless the officer or person charged with the service shall apply to the physician in charge of the facility, or his or her designated agent, where the patient is confined, and receive a statement from the physician that service of the process or notice will not be injurious to the mental health of the patient, and the statement shall be annexed to his or her return of service. In the event that the physician in charge, or his designated agent, shall state that it would be injurious to the mental health of the patient, the process or notice shall not be served on the patient and the statement shall be set forth in his or her return, and the court shall order notice of the process or notice to be published and shall appoint a guardian ad litem to represent the interests of the patient, whether the patient be otherwise represented or not.  History of Section.1966, ch. 100,  1; G.L. 1956,  40-20-23, Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-23; P.L. 1974, ch. 119,  1; P.L. 1976, ch. 215,  1. 
 40.1-5-38. Conspiracy to admit person improperly. Any person who knowingly and willfully conspires with any other person unlawfully to improperly cause to be admitted or certified to any facility any person not covered by the provisions of this chapter, shall on conviction therefor, be fined not exceeding five thousand dollars ($5,000) or imprisoned not exceeding five (5) years at the discretion of the court.  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-24, Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-24; P.L. 1974, ch. 119,  1. 
 40.1-5-39. Deprivation of rights of persons admitted to facilities. Any person who willfully withholds from or denies to any person admitted to a facility as defined in this chapter any of his or her rights as granted in this chapter, shall, on conviction thereof, be fined not exceeding two thousand dollars ($2,000) or imprisoned not exceeding two (2) years at the discretion of the court.  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-25, Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-25; P.L. 1974, ch. 119,  1; P.L. 1997, ch. 326,  136. 
 40.1-5-4. Delegation of authority by director. Unless otherwise herein expressly provided, whenever any duty pursuant hereto devolves upon the director of the state department of behavioral healthcare, developmental disabilities and hospitals or the director of the state health department, he or she may, in writing, delegate the performance of the duty to a deputy or agent, and the delegated action by the deputy or agent shall be deemed to be the action of the director. However, the director shall expressly ratify the action within fourteen (14) days, and failure to so ratify the delegated action shall be deemed non-action or nonperformance of the duty of the director.  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-5; Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-5; P.L. 1974, ch. 119,  1. 
 40.1-5-40.1. Duty to report. Any employee who has reasonable cause to believe that an assault or a battery has been committed upon a patient shall make an immediate report, including the identity of parties and witnesses and details of the incident, to the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her designee. The director of the department shall cause the report to be investigated immediately and further shall notify the mental health advocate and appropriate law enforcement agencies of the investigation. Any person who fails to make a report shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500).  History of Section.P.L. 1983, ch. 145,  1; P.L. 2012, ch. 254,  4; P.L. 2012, ch. 264,  4. 
 40.1-5-40.2. Immunity from liability for reporting patient abuse. Any person, who, in good faith, makes a report pursuant to  40.1-5-40.1, excluding any perpetrator or conspirator of the acts, shall have immunity from any liability, civil or criminal, that might be incurred as a result of having made the report.  History of Section.P.L. 1983, ch. 145,  1. 
 40.1-5-40. Disciplinary action against employees of facilities. Any employee of any facility who shall deny to or withhold from any patient any right granted him or her by this chapter shall, independently of the above criminal sanctions, be subject to such disciplinary action as the officer in charge shall see fit to impose, after notice, a hearing, and finding of a violation of the right.  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-26, Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-26; P.L. 1974, ch. 119,  1. 
 40.1-5-41. Immunity of physicians and surgeons from liability. Nothing contained herein shall be deemed to contravene the provisions of  5-37-14, and no physician or surgeon licensed to practice in this state, having met the requirements either of the statute or of this chapter, shall be made to answer in any court for his or her participation in any proceeding under this chapter except upon a showing of actual fraud; provided further, that no physician or surgeon shall be made to answer in any court for any damage or injury to any person or thing arising out of a patients enjoyment and/or exercise of rights protected by this chapter including, without limitation, discharge, where the enjoyment and/or exercise of the rights, or any of them, are in contravention of either the written orders or prescription or advice of a physician or surgeon.  History of Section.P.L. 1974, ch. 119,  1; P.L. 1983, ch. 30,  1. 
 40.1-5-42. Severability. If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgment shall have been rendered.  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-27, Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-27; P.L. 1974, ch. 119,  1. 
 40.1-5-43. Applicability to acts done, rights accruing, orders, or admissions prior to January 1, 1975. Nothing contained in this chapter shall affect or impair the validity of any act done or right accruing, accrued, or acquired, or any order, judgment, or status established prior to January 1, 1975. As to any person admitted or certified pursuant to the provisions of the law prior to January 1, 1975, the prior law shall continue to govern until six (6) months thereafter, whereupon the provisions of this chapter shall apply in all respects.  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-28, Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-28; P.L. 1974, ch. 119,  1. 
 40.1-5-5. Admission of patients generally  Rights of patients  Patients records  Competence of patients. (a) Admissions. Any person who is in need of care and treatment in a facility, as herein defined, may be admitted or certified, received, and retained as a patient in a facility by complying with any one of the following admission procedures applicable to the case:  (1) Voluntary admission.  (2) Emergency certification.  (3) Civil court certification.  (b) Forms. The director shall prescribe and furnish forms for use in admissions and patient notification procedures under this chapter.  (c) Exclusions. No person with a psychiatric disability, or person under the influence of alcohol or drugs shall be certified to a facility, as herein defined, solely by reason of that condition, unless the person also qualified for admission or certification under the provisions of this chapter.  (d) Examining physician. For purposes of certification, no examining physician shall be related by blood or marriage to the person who is applying for the admission of another, or to the person who is the subject of the application; nor shall he or she have any interest, contractually, testamentary, or otherwise (other than reasonable and proper charges for professional services rendered), in or against the estate or assets of the person who is the subject of the application; nor shall he or she be a manager, trustee, visitor, proprietor, officer, stockholder, or have any pecuniary interest, directly or indirectly, or, except as otherwise herein expressly provided, be a director, resident physician, or salaried physician, or employee in any facility to which it is proposed to admit the person.  (e) Certificates. Certificates, as required by this chapter, must provide a factual description of the persons behavior that indicates that the person concerned is psychiatrically disabled, creates a likelihood of serious harm, and is in need of care and treatment in a facility as defined in this chapter. They shall further set forth such other findings as may be required by the particular certification procedure used. Certificates shall also show that an examination of the person concerned was made within five (5) days prior to the date of admission or certification, unless otherwise herein provided. The date of the certificate shall be the date of the commencement of the examination, and in the event examinations are conducted separately or over a period of days, then the five-day (5) period above referred to (unless otherwise expressly provided) shall be measured from the date of the commencement of the first examination. All certificates shall contain the observations upon which judgments are based, and shall contain other information as the director may by rule or regulation require.  (f) Rights of patients. No patient admitted or certified to any facility under any provision of this chapter shall be deprived of any constitutional, civil, or legal right, solely by reason of such admission or certification nor shall the certification or admission modify or vary any constitutional or civil right, including, but not limited to, the right or rights:  (1) To privacy and dignity;  (2) To civil service or merit rating or ranking and appointment;  (3) Relating to the granting, forfeiture or denial of a license, permit, privilege, or benefit pursuant to any law;  (4) To religious freedom;  (5) To be visited privately at all reasonable times by his or her personal physician, attorney, and clergyperson, and by other persons at all reasonable times unless the official in charge of the facility determines either that a visit by any of the other persons or a particular visitation time would not be in the best interests of the patient and he or she incorporates a statement for any denial of visiting rights in the individualized treatment record of the patient;  (6) To be provided with stationery, writing materials, and postage in reasonable amounts and to have free unrestricted, unopened, and uncensored use of the mails for letters;  (7) To wear ones own clothes, keep and use personal possessions, including toilet articles; to keep and be allowed to spend a reasonable sum of money for canteen expenses and small purchases; to have access to individual storage space for the persons private use; and reasonable access to telephones to make and receive confidential calls; provided, however, that any of these rights may be denied for good cause by the official in charge of a facility or a physician designated by him or her. A statement of the reasons for any denial shall be entered in the individualized treatment record of the patient;  (8) To seek independent psychiatric examination and opinion from a psychiatrist or mental health professional of the patients choice;  (9) To be employed at a gainful occupation insofar as the patients condition permits, provided however, that no patient shall be required to perform labor;  (10) To vote and participate in political activity;  (11) To receive and read literature;  (12) To have the least possible restraint imposed upon the person consistent with affording him or her the care and treatment necessary and appropriate to the patients condition;  (13) To have access to the mental health advocate upon request;  (14) To prevent release of his or her name to the advocate or next of kin by signing a form provided to all patients for that purpose at the time of admission.  (g) Records. A facility shall maintain for each patient admitted pursuant to this chapter, a comprehensive medical record. The record shall contain a recorded, individualized treatment plan, which shall at least monthly be reviewed by the physician of the facility who is chiefly responsible for the patients care, notations of the reviews to be entered in the record. The records shall also contain information indicating at the time of admission or certification what alternatives to admission or certification are available to the patient; what alternatives have been investigated; and why the investigated alternatives were not deemed suitable. The medical record shall further contain other information as the director may by rule or regulation require.  (h) Competence. A person shall not, solely by reason of the persons admission or certification to a facility for examination or care and treatment under the provisions of this chapter, thereby be deemed incompetent to manage the persons affairs; to contract; to hold or seek a professional, occupational, or vehicle operators license; to make a will; or for any other purpose. Neither shall any requirement be made, by rule, regulation, or otherwise, as a condition to admission and retention, that any person applying for admission shall have the legal capacity to contract, it being sufficient for the purpose, that the person understand the nature and consequence of making the application.  History of Section.P.L. 1966, ch. 100,  1; P.L. 1968, ch. 168,  2; G.L. 1956,  40-20-6; Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-6; P.L. 1974, ch. 119,  1; P.L. 1976, ch. 203,  1; P.L. 1976, ch. 215,  1; P.L. 1997, ch. 326,  136; P.L. 2022, ch. 231, art. 11,  7, effective June 27, 2022. 
 40.1-5-6. Voluntary admission. (a)(1) General. Any individual of lawful age may apply for voluntary admission to any facility provided for by this law seeking care and treatment for alleged psychiatric disability. The application shall be in writing, signed by the applicant in the presence of at least one witness, who shall attest to the application by placing his or her name and address thereon. If the applicant has not yet attained his or her eighteenth (18th) birthday, the application shall be signed by the applicant and the applicants parent, guardian, or next of kin.  (2) Admission of children. Any person who is under the age of eighteen (18) and who receives medical benefits funded in whole or in part by either the department of children, youth and families or by the department of human services may be admitted to any facility provided for by this chapter seeking care and treatment for alleged psychiatric disability only after an initial mental health crisis intervention is completed by a provider who is licensed by the department of children, youth and families for emergency services, has proper credentials, and is contracted with the RIte Care health plan or the state and the provider, after considering alternative services to hospitalization with the child, family, and other providers, requests prior authorization for the admission from a representative of the child and familys insurance company or utilization review organization representing the insurance company. If the inpatient hospital admits a child without the crisis intervention and prior authorization from the insurance company or utilization review organization, the hospital will be paid a rate equivalent to an Administratively Necessary Day (AND) for each day that the insurance company or utilization review organization representing the insurance company determines that the child did not meet the inpatient level-of-care criteria. The state shall ensure that this provision is included in all publicly financed contracts and agreements for behavioral health services. Activities conducted pursuant to this section shall be exempt from the provisions of  23-17.12 [repealed], but shall be subject to the provisions of subsection (b) of this section.  (3) The department of human services shall develop regulations for emergency admissions that would allow the admitting hospital to maintain its compliance with the provisions of the act while meeting the need of the child.  (b) Period of treatment. If it is determined that the applicant is in need of care and treatment for psychiatric disability and no suitable alternatives to admission are available, he or she shall be admitted for a period not to exceed thirty (30) days. Successive applications for continued voluntary status may be made for successive periods not to exceed ninety (90) days each, so long as care and treatment is deemed necessary and documented in accordance with the requirements of this chapter and no suitable alternatives to admission are available.  (c) Discharge.(1) A voluntary patient shall be discharged no later than the end of the business day following of the patients presenting a written notice of the patients intent to leave the facility to the medical official in charge or the medical official designated by the medical official in charge, unless that official or another qualified person from the facility files an application for the patients civil court certification pursuant to  40.1-5-8. The notice shall be on a form prescribed by the director and made available to all patients at all times. If a decision to file an application for civil court certification is made, the patient concerned and the patients legal guardian(s), if any, shall receive immediately, but in no event later than twelve (12) hours from the making of the decision, notice of the intention from the official in charge of the facility, or the officials designee, and the patient may, in the discretion of the official, be detained for an additional period not to exceed two (2) business days, pending the filing and setting down for hearing of the application under  40.1-5-8.  (2) A voluntary patient who gives notice of the patients intention or desire to leave the facility may at any time during the period of the patients hospitalization prior to any certification pursuant to  40.1-5-8, following the giving of the notice, submit a written communication withdrawing the notice, whereby the patients voluntary status shall be considered to continue unchanged until the expiration of thirty (30) or ninety (90) days as provided in subsection (b) of this section. In the case of an individual under eighteen (18) years of age, the notice or withdrawal of notice may be given by either of the persons who made the application for the patients admission, or by a person of equal or closer relationship to the patient, who shall, as well, receive notice from the official in charge indicating a decision to present an application for civil court certification. The official may in the officials discretion refuse to discharge the patient upon notice given by any person other than the person who made the application, and in the event of such a refusal, the person giving notice may apply to a justice of the family court for release of the patient.   (d) Examination at facility. The medical official in charge of a facility shall ensure that all voluntary patients receive preliminary physical and psychiatric examinations within twenty-four (24) hours of admission. Furthermore, a complete psychiatric examination shall be conducted to determine whether the person qualifies for care and treatment under the provisions of this chapter. The examination shall begin within forty-eight (48) hours of admission and shall be concluded as soon as practicable, but in no case shall extend beyond five (5) days. The examination shall include an investigation with the prospective patient of: (1) What alternatives for admission are available and (2) Why those alternatives are not suitable. The alternatives for admission investigated and reasons for unsuitability, if any, shall be recorded on the patients record. If it is determined that the patient does not belong to the voluntary class in that a suitable alternative to admission is available, or is otherwise ineligible for care and treatment, he or she shall be discharged.  (e) Rights of voluntary patients. A voluntary patient shall be informed, in writing, of the patients status and rights as a voluntary patient immediately upon the patients admission, and again at the time of the patients periodic review(s) as provided in  40.1-5-10, including the patients rights pursuant to  40.1-5-5(f). Blank forms for purposes of indicating an intention or desire to leave a facility shall be available at all times and on and in all wards and segments of a facility wherein voluntary patients may reside.  History of Section.P.L. 1966, ch. 100,  1; G.L. 1956,  40-20-7; Reorg. Plan No. 1, 1970; G.L. 1956,  40.1-5-7; P.L. 1974, ch. 119,  1; P.L. 1976, ch. 215,  1; P.L. 1997, ch. 326,  136; P.L. 2005, ch. 400,  2; P.L. 2006, ch. 597,  2; P.L. 2022, ch. 231, art. 11,  7, effective June 27, 2022. 
 40.1-5-7.1. Emergency transportation by police. (a) Any police officer may take an individual into protective custody and take or cause the person to be taken to an emergency room of any hospital, by way of emergency vehicle, if the officer has reason to believe that:  (1) The individual is in need of immediate care and treatment, and is one whose continued unsupervised presence in the community would create an imminent likelihood of serious harm by reason of psychiatric disability if allowed to be at liberty pending examination by a licensed physician; or  (2) The individual is in need of immediate assistance due to psychiatric disability and requests the assistance.  (b) The officer making the determination to transport will document the reason for the decision in a police report and travel with the individual to the hospital to relay the reason for transport to the attending medical staff.  History of Section.P.L. 2017, ch. 387,  2; P.L. 2017, ch. 428,  2; P.L. 2022, ch. 231, art. 11,  7, effective June 27, 2022. 
 40.1-5-7. Emergency certification. (a) Applicants.(1) Any physician who, after examining a person, has reason to believe that the person is in need of immediate care and treatment, and is one whose continued unsupervised presence in the community would create an imminent likelihood of serious harm by reason of psychiatric disability, may apply at a facility for the emergency certification of the person thereto. The medical director, or any other physician employed by the proposed facility for certification, may apply under this subsection if no other physician is available and the medical director or physician certifies this fact. If an examination is not possible because of the emergency nature of the case and because of the refusal of the person to consent to the examination, the applicant on the basis of his or her observation may determine, in accordance with the above, that emergency certification is necessary and may apply therefor. In the event that no physician is available, a qualified mental health professional who believes the person to be in need of immediate care and treatment, and one whose continued unsupervised presence in the community would create an imminent likelihood of serious harm by reason of psychiatric disability, may make the application for emergency certification to a facility. Application shall in all cases be made to the facility that, in the judgment of the applicant at the time of application, would impose the least restraint on the liberty of the person consistent with affording the person the care and treatment necessary and appropriate to the persons condition.  (2) Whenever an applicant who is not employed by a community mental health center established pursuant to chapter 8.5 of this title, has reason to believe that either the Rhode Island state psychiatric hospital or the Eleanor Slater hospital is the appropriate facility for the person, the application shall be directed to the community mental health center that serves the area in which the person resides, if the person is a Rhode Island resident, or the area in which the person is physically present, if a nonresident, and the qualified mental health professional(s) at the center shall make the final decision on the application to either the Rhode Island state psychiatric hospital or the Eleanor Slater hospital or may determine whether some other disposition should be made.   (b) Applications. An application for certification hereunder shall be in writing and filed with the facility to which admission is sought. The application shall be executed within five (5) days prior to the date of filing and shall state that it is based upon a personal observation of the prospective patient by the applicant within the five-day (5) period. It shall include a description of the applicants credentials and the behavior that constitutes the basis for his or her judgment that the prospective patient is in need of immediate care and treatment and that a likelihood of serious harm by reason of psychiatric disability exists, and shall include, as well, any other relevant information that may assist the admitting physician at the facility to which application is made. The application shall state whether the facility, in the judgment of the applicant at the time of application, would impose the least restraint on the liberty of the person consistent with affording him or her the care and treatment necessary and appropriate to his or her condition. Whenever practicable, prior to transporting or arranging for the transporting of a prospective patient to a facility, the applicant shall telephone or otherwise communicate with the facility to describe the circumstances and known clinical history to determine whether it is the proper facility to receive the person, and to give notice of any restraint to be used or to determine whether restraint is necessary.  (c) Confirmation; discharge; transfer. Within one hour after reception at a facility, the person regarding whom an application has been filed under this section shall be seen by a physician. As soon as possible, but in no event later than twenty-four (24) hours after reception, a preliminary examination and evaluation of the person by a psychiatrist or a physician under the psychiatrists supervision shall begin. The psychiatrist shall not be an applicant hereunder. The preliminary examination and evaluation shall be completed within seventy-two (72) hours from its inception by the psychiatrist. If the psychiatrist determines that the patient is not a candidate for emergency certification, the patient shall be discharged. If the psychiatrist(s) determines that the person who is the subject of the application is in need of immediate care and treatment and is one whose continued unsupervised presence in the community would create an imminent likelihood of serious harm by reason of psychiatric disability, the psychiatrist shall confirm the admission for care and treatment under this section of the person to the facility, provided the facility is one that would impose the least restraint on the liberty of the person consistent with affording the person the care and treatment necessary and appropriate to the persons condition and that no suitable alternatives to certification are available. If at any time the official in charge of a facility, or the officials designee, determines that the person is not in need of immediate care and treatment, or is not one whose continued unsupervised presence in the community would create an imminent likelihood of serious harm by reason of psychiatric disability, or suitable alternatives to certification are available, the official shall immediately discharge the person. In addition, the official may arrange to transfer the person to an appropriate facility if the facility to which he or she has been certified is not one that imposes the least restraint on the liberty of the person consistent with affording him or her the care and treatment necessary and appropriate to his or her condition.  (d) Custody. Upon the request of an applicant under this section, to be confirmed in writing, it shall be the duty of any peace officer of this state or of any governmental subdivision thereof to whom request has been made, to take into custody and immediately transport the person to the designated facility for admission thereto.  (e) Ex parte court order. An applicant under this section may present a petition to any judge of the district court or any justice of the family court, in the case of a person who is the subject of an application who has not yet attained his or her eighteenth birthday, for a warrant directed to any peace officer of the state or any governmental subdivision thereof to take into custody the person who is the subject of the application and immediately transport the person to a designated facility. The application shall set forth that the person who is to be certified is in need of immediate care and treatment and the persons continued unsupervised presence in the community would create an imminent likelihood of serious harm by reason of psychiatric disability, and the reasons why an order directing a peace officer to transport the person to a designated facility is necessary.  (f) Notification of rights. No person shall be certified to a facility under the provisions of this section unless appropriate opportunity is given to apply for voluntary admission under the provisions of  40.1-5-6 and unless the person, or a parent, guardian, or next of kin, has been informed, in writing, on a form provided by the department, by the official in charge of the facility: (1) That he or she has a right to the voluntary admission; (2) That a person cannot be certified until all available alternatives to certification have been investigated and determined to be unsuitable; and (3) That the period of hospitalization or treatment in a facility cannot exceed ten (10) days under this section, except as provided in subsection (g) of this section.  (g) Period of treatment. A person shall be discharged no later than ten (10) days measured from the date of his or her admission under this section, unless an application for a civil court certification has been filed and set down for a hearing under the provisions of  40.1-5-8, or the person remains as a voluntary patient pursuant to  40.1-5-6.  History of Section.P.L. 1974, ch. 119,  1; P.L. 1976, ch. 140,  19; P.L. 1976, ch. 203,  1; P.L. 1976, ch. 215,  1; P.L. 1982, ch. 242,  1; P.L. 1987, ch. 66,  1; P.L. 2017, ch. 387,  1; P.L. 2017, ch. 428,  1; P.L. 2022, ch. 231, art. 11,  7, effective June 27, 2022. 
 40.1-5-8. Civil court certification. (a) Petitions. A verified petition may be filed in the district court, or family court in the case of a person who has not reached his or her eighteenth (18th) birthday, for the certification to a facility of any person who is alleged to be in need of care and treatment in a facility, and whose continued unsupervised presence in the community would create a likelihood of serious harm by reason of psychiatric disability. The petition may be filed by any person with whom the subject of the petition may reside; or at whose house the person may be; or the father or mother, husband or wife, brother or sister, or the adult child of the person; the nearest relative if none of the above are available; or the persons guardian; or the attorney general; or a local director of public welfare; or the director of the department of behavioral healthcare, developmental disabilities and hospitals; the director of the department of human services; or the director of the department of corrections; the director of the department of health; the warden of the adult correctional institutions; the superintendent of the boys training school for youth, or his or her designated agent; or the director of any facility, or the facility directors designated agent, whether or not the person shall have been admitted and is a patient at the time of the petition. A petition under this section shall be filed only after the petitioner has investigated what alternatives to certification are available and determined why the alternatives are not deemed suitable.  (b) Contents of petition. The petition shall state that it is based upon a personal observation of the person concerned by the petitioner within a ten-day (10) period prior to filing. It shall include a description of the behavior that constitutes the basis for the petitioners judgment that the person concerned is in need of care and treatment and that a likelihood of serious harm by reason of psychiatric disability exists. In addition, the petitioner shall indicate what alternatives to certification are available; what alternatives have been investigated; and why the investigated alternatives are not deemed suitable.  (c) Certificates and contents thereof. A petition hereunder shall be accompanied by the certificates of two (2) physicians unless the petitioner is unable to afford, or is otherwise unable to obtain, the services of a physician or physicians qualified to make the certifications. The certificates shall be rendered pursuant to the provisions of  40.1-5-5, except when the patient is a resident in a facility, the attending physician and one other physician from the facility may sign the certificates, and shall set forth that the prospective patient is in need of care and treatment in a facility and would likely benefit therefrom, and is one whose continued unsupervised presence in the community would create a likelihood of serious harm by reason of psychiatric disability together with the reasons therefor. The petitions and accompanying certificates shall be executed under penalty of perjury, but shall not require the signature of a notary public thereon.  (d) Preliminary hearing.(1) Upon a determination that the petition sets forth facts constituting reasonable grounds to support certification, the court shall summon the person to appear before the court at a preliminary hearing, scheduled no later than five (5) business days from the date of filing. This hearing shall be treated as a priority on the court calendar and may be continued only for good cause shown. In default of an appearance, the court may issue a warrant directing a police officer to bring the person before the court.  (2) At the preliminary hearing, the court shall serve a copy of the petition upon the person and advise the person of the nature of the proceedings and of the persons right to counsel. If the person is unable to afford counsel, the court forthwith shall appoint the mental health advocate for him or her. If the court finds that there is no probable cause to support certification, the petition shall be dismissed, and the person shall be discharged unless the person applies for voluntary admission. However, if the court is satisfied by the testimony that there is probable cause to support certification, a final hearing shall be held not less than seven (7) days, nor more than twenty-one (21) days, after the preliminary hearing, unless continued at the request of counsel for the person, and notice of the date set down for the hearing shall be served on the person. Copies of the petition and notice of the date set down for the hearing shall also be served immediately upon the persons nearest relatives or legal guardian, if known, and to any other person designated by the patient, in writing, to receive copies of notices. The preliminary hearing can be waived by a motion of the patient to the court if the patient is a resident of a facility.   (e) Petition for examination.(1) Upon motion of either the petitioner or the person, or upon its own motion, the court may order that the person be examined by a psychiatrist appointed by the court. The examination may be conducted on an outpatient basis and the person shall have the right to the presence of counsel while it is being conducted. A report of the examination shall be furnished to the court, the petitioner, and the person and his or her counsel at least forty-eight (48) hours prior to the hearing.  (2) If the petition is submitted without two (2) physicians certificates as required under subsection (c), the petition shall be accompanied by a motion for a psychiatric examination to be ordered by the court. The motion shall be heard on the date of the preliminary hearing set by the court pursuant to subsection (d), or as soon thereafter as counsel for the subject person is engaged, appointed, and ready to proceed. The motion shall be verified or accompanied by affidavits and shall set forth facts demonstrating the efforts made to secure examination and certification by a physician or physicians and shall indicate the reasons why the efforts failed.  (3) After considering the motion and testimony as may be offered on the date of hearing the motion, the court may deny the application and dismiss the petition, or upon finding: (i) That there is a good cause for the failure to obtain one or more physicians certificates in accordance with subsection (c); and (ii) That there is probable cause to substantiate the allegations of the petition, the court shall order an immediate examination by two (2) qualified psychiatrists, pursuant to subsection (e)(1).   (f) Professional assistance. A person with respect to whom a court hearing has been ordered under this section shall have, and be informed of, a right to employ a mental health professional of the persons choice to assist the person in connection with the hearing and to testify on the persons behalf. If the person cannot afford to engage such a professional, the court shall, on application, allow a reasonable fee for the purpose.  (g) Procedure. Upon receipt of the required certificates and/or psychiatric reports as applicable hereunder, the court shall schedule the petition for final hearing unless, upon review of the reports and certificates, the court concludes that the certificates and reports do not indicate, with supporting reasons, that the person who is the subject of the petition is in need of care and treatment; that his or her unsupervised presence in the community would create a likelihood of serious harm by reason of psychiatric disability; and that all alternatives to certification have been investigated and are unsuitable, in which event the court may dismiss the petition.  (h) Venue. An application for certification under this section shall be made to, and all proceedings pursuant thereto shall be conducted in, the district court, or family court in the case of a person who has not yet reached his or her eighteenth (18th) birthday, of the division or county in which the subject of an application may reside or may be, or when the person is already a patient in a facility, in the district court or family court of the division or county in which the facility is located, subject, however, to application by any interested party for change of venue because of inconvenience of the parties or witnesses or the condition of the subject of the petition or other valid judicial reason for the change of venue.  (i) Hearing. A hearing scheduled under this section shall be conducted pursuant to the following requirements:  (1) All evidence shall be presented according to the usual rules of evidence that apply in civil, non-jury cases. The subject of the proceedings shall have the right to present evidence in his or her own behalf and to cross examine all witnesses against him or her, including any physician who has completed a certificate or filed a report as provided hereunder. The subject of the proceedings shall have the further right to subpoena witnesses and documents, the cost of such to be borne by the court where the court finds upon an application of the subject that the person cannot afford to pay for the cost of subpoenaing witnesses and documents.  (2) A verbatim transcript or electronic recording shall be made of the hearing that shall be impounded and obtained or examined only with the consent of the subject thereof (or in the case of a person who has not yet attained his or her eighteenth (18th) birthday, the persons parent, guardian, or next of kin) or by order of the court.  (3) The hearing may be held at a location other than a court, including any facility where the subject may currently be a patient, where it appears to the court that holding the hearing at another location would be in the best interests of the subject thereof.  (4) The burden of proceeding and the burden of proof in a hearing held pursuant to this section shall be upon the petitioner. The petitioner has the burden of demonstrating that the subject of the hearing is in need of care and treatment in a facility; is one whose continued unsupervised presence in the community would create a likelihood of serious harm by reason of psychiatric disability; and what alternatives to certification are available, what alternatives to certification were investigated, and why these alternatives were not deemed suitable.  (5) The court shall render a decision within forty-eight (48) hours after the hearing is concluded.  (j) Order. If the court at a final hearing finds by clear and convincing evidence that the subject of the hearing is in need of care and treatment in a facility, and is one whose continued unsupervised presence in the community would, by reason of psychiatric disability, create a likelihood of serious harm, and that all alternatives to certification have been investigated and deemed unsuitable, it shall issue an order committing the person to the custody of the director for care and treatment or to an appropriate facility. In either event, and to the extent practicable, the person shall be cared for in a facility that imposes the least restraint upon the liberty of the person consistent with affording the person the care and treatment necessary and appropriate to the persons condition. No certification shall be made under this section unless and until full consideration has been given by the certifying court to the alternatives to in-patient care, including, but not limited to, a determination of the persons relationship to the community and to the persons family; of his or her employment possibilities; and of all available community resources, alternate available living arrangements, foster care, community residential facilities, nursing homes, and other convalescent facilities. A certificate ordered pursuant to this section shall be valid for a period of six (6) months from the date of the order. At the end of that period the patient shall be discharged, unless the patient is discharged prior to that time, in which case the certification shall expire on the date of the discharge.  (k) Appeals.(1) A person certified under this section shall have a right to appeal from a final hearing to the supreme court of the state within thirty (30) days of the entry of an order of certification. The person shall have the right to be represented on appeal by counsel of his or her choice or by the mental health advocate if the supreme court finds that the person cannot afford to retain counsel. Upon a showing of indigency, the supreme court shall permit an appeal to proceed without payment of costs, and a copy of the transcript of the proceedings below shall be furnished to the subject of the proceedings, or to the persons attorney, at the expense of the state. The certifying court shall advise the person of all the persons rights pursuant to this section immediately upon the entry of an order of certification.  (2) Appeals under this section shall be given precedence, insofar as practicable, on the supreme court dockets. The district and family courts shall promulgate rules with the approval of the supreme court to insure the expeditious transmission of the record and transcript in all appeals pursuant to this chapter.   (l) Submission to NICS database.(1) The district court shall submit the name, date of birth, gender, race or ethnicity, and date of civil commitment to the National Instant Criminal Background Check System (NICS) database of all persons subject to a civil court certification order pursuant to this section within forty-eight (48) hours of certification.  (2) Any person affected by the provisions of this section, after the lapse of a period of three (3) years from the date such civil certification is terminated, shall have the right to appear before the relief from disqualifiers board.  (3) Upon notice of a successful appeal pursuant to subsection (k), the district court shall, as soon as practicable, cause the appellants record to be updated, corrected, modified, or removed from any database maintained and made available to the NICS and reflect that the appellant is no longer subject to a firearms prohibition as it relates to 18 U.S.C.  922(d)(4) and 18 U.S.C.  922(g)(4).   (m) Equitable authority. In addition to the powers heretofore exercised, the district and family courts are hereby empowered, in furtherance of their jurisdiction under this chapter, to grant petitions for instructions for the provision or withholding of treatment as justice and equity may require.  History of Section.P.L. 1974, ch. 119,  1; P.L. 1976, ch. 140,  19; P.L. 1976, ch. 203,  1; P.L. 1976, ch. 215,  1; P.L. 1982, ch. 242,  1; P.L. 1988, ch. 163,  1; P.L. 1993, ch. 315,  1; P.L. 2014, ch. 423,  2; P.L. 2014, ch. 455,  2; P.L. 2018, ch. 163,  1; P.L. 2018, ch. 263,  1; P.L. 2022, ch. 231, art. 11,  7, effective June 27, 2022. 
 40.1-5-9. Right to treatment  Treatment plan. (a) Any person who is a patient in a facility pursuant to this chapter shall have a right to receive the care and treatment that is necessary for and appropriate to the condition for which he or she was admitted or certified and from which he or she can reasonably be expected to benefit. Each patient shall have an individualized treatment plan. This plan shall be developed by appropriate mental health professionals, including a psychiatrist, and implemented as soon as possible  in any event no later than five (5) days after a patients voluntary admission or involuntary court certification. Each individual treatment plan shall be made in accordance with the professional regulations of each facility, and by way of illustration and, not limited to the following, shall contain:  (1) A statement of the nature of the specific problems and specific needs of the patient;  (2) A statement of the least restrictive treatment conditions necessary to achieve the purposes of certification or admission;  (3) A description of intermediate and long-range treatment goals; and  (4) A statement and rationale for the plan of treatment for achieving these intermediate and long-range goals.  (b) The individualized treatment plan shall become part of the patients record in accordance with  40.1-5-5(g), and the subject of periodic review in accordance with  40.1-5-10. In implementing a treatment plan on behalf of any patient, the official in charge of any facility, or his or her designee(s), may, when it is warranted, authorize the release of the patient for such periods of time and under such terms and conditions that he or she deems appropriate.  History of Section.P.L. 1974, ch. 119,  1. 
 40.1-6-1  40.1-6-6. [Repealed.]
 40.1-7-1  40.1-7-9. [Repealed.]
 40.1-8.5-1. Policy and purpose. (a) The state recognizes that children and adults with mental disabilities are entitled to appropriate, accessible, and adequate mental health services in the least restrictive environment that appropriately can serve their needs.  (b) The state recognizes private, nonprofit community mental health centers that provide mental health services to children and adults with mental disabilities, and it is the policy of the state to support these mental health centers as an adjunct and alternative to inpatient services. The state shall fund community mental health centers and shall provide a mechanism by which the state and local governments share responsibility for ensuring community mental health services to mentally disabled children and adults and/or those who are unable to pay for mental health services.  History of Section.P.L. 1993, ch. 390,  2. 
 40.1-8.5-2. Definitions. As used in this chapter: (1) Audit means an annual financial accounting of a centers financial situation, conducted by a certified public accountant, within one hundred twenty (120) days from the end of the centers fiscal year, and that includes, for the year reviewed and the immediate preceding year, full financial disclosure of the centers assets, liabilities, fund balances, revenues, and expenditures by program, and a verification of matchable funds for the year reviewed.  (2) Board means the community mental health board created pursuant to this chapter as the governing body of the community mental health center.  (3) Center means the community mental health center which is a local, nonprofit entity organized and incorporated pursuant to the laws of the state, governed by a board, and recognized by the department of behavioral healthcare, developmental disabilities and hospitals as the community mental health center for a designated mental health service area.  (4) Department means the state department of behavioral healthcare, developmental disabilities and hospitals.  (5) Director means the director of the state department of behavioral healthcare, developmental disabilities and hospitals.  (6) Fiscal year means the fiscal year used by the state.  (7) Matching grant funds means state funds in an amount up to and not more than four dollars ($4.00) for each dollar of matchable funds, certified and budgeted in accordance with this chapter. Matching grant funds excludes, but may be in addition to, other funds provided by the state for mental health services.  (8) Mental disability means any mental disorder in which the capacity of the person to exercise self-control or judgment in the conduct of his or her affairs and social relations or to care for his or her personal needs is impaired.  (9) Mental health services means those services provided to mentally disabled children and adults and shall include, but not be limited to, psychiatric, medical, nursing, psychological, social, rehabilitative, and support services provided in the prevention, diagnosis, treatment, and follow-up of mental disabilities, and in addition, may include those services designed to prevent mental disabilities or be of a consultative, informational, or educational nature about mental disabilities.  (10) Mental health service area herein also referred to as service area, means the geographical area within the boundaries of cities and towns, as designated by the director.  (11) Participating municipalities means those cities and towns that provide funds to a particular community mental health center for mental health services and receive matching grant-fund-supported services from that community mental health center.  History of Section.P.L. 1993, ch. 390,  2. 
 40.1-8.5-3. Matchable funds. (a) Matchable funds are those dollars received, whether through a grant by a center for the general provision of mental health services, excluding funds for capital expenditures, and received from one or more of the following:  (1) Individual or business charitable gifts;  (2) Community fund raising net dollars;  (3) Unrestricted donations;  (4) A participating municipality.  (b) The director may authorize a center to include as matchable funds those federal funds the center received directly from the federal government for the provision of mental health services when:  (1) The director determines that without the inclusion of federal funds provided, mental health services to the uninsured or to high-risk populations in the centers service area will be seriously deficient or disrupted; and  (2) The federal funds are not subject to statutory or regulatory restrictions or requirements that would prevent their use as matchable funds.  History of Section.P.L. 1993, ch. 390,  2. 
 40.1-8.5-4. Community mental health boards  Composition. Each community mental health center shall be governed by a board composed of at least nine (9) members of recognized ability and/or interest in the problems of mental health and substance abuse. Community mental health boards referred to in this chapter shall be incorporated under the laws of Rhode Island and governed by their bylaws. Members of the community mental health boards shall be derived through nonprofit corporation structures. The membership of each board shall reflect, as much as possible, the diversity of the centers mental health service area and the consumers it serves.  History of Section.P.L. 1993, ch. 390,  2. 
 40.1-8.5-5. Powers and duties of community mental health boards. Subject to the provisions of this section and the rules and regulations of the director, each board shall:  (1) Identify the mental health service needs of its service area population;  (2) Assess the mental health services available to meet the mental health needs within its service area;  (3) Review and evaluate the mental health services provided by its center;  (4) Ensure that the mental health services offered by its center with matchable funds and match address the identified mental health service needs of the service area to the maximum extent possible within the limits of the appropriated and allocated matching grant funds;  (5) Be available to the department to plan and coordinate the development and delivery of mental health services within its service area;  (6) Prepare and approve a plan and budget, prepared in accordance with department requirements, for the delivery of mental health services to be provided by its center with resources, including, but not limited to, matchable funds and matching grant funds; the plan and budget to be submitted annually to the department for its approval;  (7) Develop and implement a mechanism by which its centers consumers and family members of its consumers participate in the overall goals, objectives, and methods of the center, as reflected in its plan;  (8) Solicit public and private financial support for mental health services provided by its center;  (9) Promote and approve contractual agreements with other state, federal, local, and private agencies, e.g., social service, judicial, health, and education entities, as it deems necessary;  (10) Employ the executive administrator of its center and, in the event such a position is vacant, assume the functions of that position;  (11) Arrange for and review its centers audit;  (12) Ensure that funds available pursuant to this chapter are used to provide mental health services to those who do not have the ability to pay and that each clients eligibility to receive public or private assistance is exhausted prior to the expenditure of state and local monies available pursuant to this chapter.  History of Section.P.L. 1993, ch. 390,  2. 
 40.1-8.5-6. Appropriation and allocation of matching grant funds. (a) The states appropriations for the department shall be sufficient to provide matching grant funds as defined in this chapter.  (b) Matching grant funds shall be allocated annually to each board by the department, in accordance with this chapter, and shall be based on the plan and budget for the funding period submitted to the department by the board and the matchable funds received and certified in its audit for the next to last year preceding the funding year.  History of Section.P.L. 1993, ch. 390,  2. 
 40.1-8.5-7. Power and duties of director. In addition to the powers and duties delineated elsewhere in this chapter and other powers and duties already conferred by law, the director shall:  (1) Promulgate administrative and fiscal regulations necessary to carry out the requirements of this chapter;  (2) Plan and coordinate, with the assistance of the boards, the development and delivery of comprehensive mental health services within each service area;  (3) Establish guidelines for general evaluation procedures to ensure program quality;  (4) Review each boards overall plan and budget and approve the expenditure of department funds;  (5) Provide consultative staff services to each board, as needed;  (6) Require assurances from each board that no persons within its area are denied service on the basis of race, creed, color, gender, age, disability, or sexual preference;  (7) Require assurances from each board that no person will be denied service based on the persons ability to pay, contingent upon the availability of resources;  (8) Require assurances from each board that hiring of staff, full or part-time, is done without discrimination on the basis of race, creed, color, gender, age, disability, sexual preference, or political affiliation and is in compliance with state and federal laws;  (9) Provide qualified department personnel under the supervision of the director to monitor implementation of this chapter.  History of Section.P.L. 1993, ch. 390,  2. 
 40.1-8.5-8. Certified community behavioral health clinics. (a) The executive office of health and human services is authorized and directed to submit to the Secretary of the United States Department of Health and Human Services a state plan amendment for the purposes of establishing Certified Community Behavioral Health Clinics in accordance with Section 223 of the federal Protecting Access to Medicare Act of 2014.  (b) The executive office of health and human services shall amend its Title XIX state plan pursuant to Title XIX [42 U.S.C.  1396 et seq.] and Title XXI [42 U.S.C  1397 et seq.] of the Social Security Act as necessary to cover all required services for persons with mental health and substance use disorders at a certified community behavioral health clinic through a daily or monthly bundled payment methodology that is specific to each organizations anticipated costs and inclusive of all required services within Section 223 of the federal Protecting Access to Medicare Act of 2014. Such certified community behavioral health clinics shall adhere to the federal model, including payment structures and rates.  (c) A certified community behavioral health clinic means any licensed behavioral health organization that meets the federal certification criteria of Section 223 of the Protecting Access to Medicare Act of 2014. The department of behavioral healthcare, developmental disabilities and hospitals shall define additional criteria to certify the clinics including, but not limited to, the provision of these services:  (1) Outpatient mental health and substance use services;  (2) Twenty-four (24) hour mobile crisis response and hotline services;  (3) Screening, assessment, and diagnosis, including risk assessments;  (4) Person-centered treatment planning;  (5) Primary care screening and monitoring of key indicators of health risks;  (6) Targeted case management;  (7) Psychiatric rehabilitation services;  (8) Peer support and family supports;  (9) Medication-assisted treatment;  (10) Assertive community treatment; and  (11) Community-based mental health care for military service members and veterans.  (d) Subject to the approval from the United States Department of Health and Human Services Centers for Medicare and Medicaid Services, the certified community behavioral health clinic model pursuant to this chapter, shall be established by July 1, 2023, and include any enhanced Medicaid match for required services or populations served.  (e) By August 1, 2022, the executive office of health and human services will issue the appropriate purchasing process and vehicle for organizations that want to participate in the Certified Community Behavioral Health Clinic model program.  (f) By December 1, 2022, the organizations will submit a detailed cost report developed by the department of behavioral healthcare, developmental disabilities and hospitals with approval from the executive office of health and human services, that includes the cost for the organization to provide the required services.  (g) By January 15, 2023, the department of behavioral healthcare, developmental disabilities and hospitals, in coordination with the executive office of health and human services, will prepare an analysis of proposals, determine how many behavioral health clinics can be certified in FY 2024 and the costs for each one. Funding for the Certified Behavioral Health Clinics will be included in the FY 2024 budget recommended by the Governor.  (h) The executive office of health and human services shall apply for the federal Certified Community Behavioral Health Clinics Demonstration Program if another round of funding becomes available.  History of Section.P.L. 2022, ch. 231, art. 12,  4, effective July 1, 2022. 
 40.1-8-1. Creation  Members. (a) There is hereby created a fourteen (14) member permanent committee to be known as the Governors Committee on Mental Retardation, hereinafter referred to as the committee:  (1) Six (6) of whom shall be representatives of non-governmental organizations or groups concerned with education, employment, rehabilitation, welfare, and health, to be appointed by the governor;  (2) Six (6) of whom shall be representatives of consumers who are mentally retarded, of this group, three (3) of whom shall be selected from a list of nominees submitted by the RI ARC, to be appointed by the governor;  (3) One of whom shall be from the house of representatives to be appointed by the speaker;  (4) And one of whom shall be from the senate to be appointed by the president of the senate.  (b) The assistant director for developmental disabilities within the department of behavioral healthcare, developmental disabilities and hospitals shall serve as an ex officio member but shall not be eligible to vote.  (c) No employee of any state agency or institution engaged in the care or training of persons who are mentally retarded shall be eligible for appointment to the committee.  History of Section.P.L. 1978, ch. 368,  1; P.L. 1999, ch. 83,  108; P.L. 1999, ch. 105,  8; P.L. 1999, ch. 130,  108; P.L. 2001, ch. 180,  90; P.L. 2006, ch. 216,  29. 
 40.1-8-2. Terms of appointment. (a) Of the nonlegislative members appointed originally under this chapter, one-third (13) shall be appointed for a term of one year; one-third (13) shall be appointed for a term of two (2) years; and one-third (13) shall be appointed for a term of three (3) years. The two (2) legislative members shall serve for the length of their current elected term in office and reappointment or replacement shall be for like terms. Thereafter, vacancies created by the expiration of terms shall be filled with appointments for terms of three (3) years. Members whose terms expire may be reappointed to succeed themselves.  (b) Vacancies occurring prior to the expiration of the term for which appointed shall be filled by appointment in like manner for the remainder of the term.  History of Section.P.L. 1978, ch. 368,  1. 
 40.1-8-3. Appointment of officers and employees  Rules  Meetings. (a) The governor shall designate one member of the committee to serve as its chairperson during the governors term of office or until he or she appoints another member of the committee to serve in that capacity. The committee shall elect annually, from among its members, a vice chairperson, who shall serve as such until a successor is elected and who is authorized to act as chairperson pro tempore of the committee during the absence of the chairperson or should there be a vacancy for any cause in the office of the chairperson. The committee shall appoint an executive secretary to serve as executive officer and secretary of the committee. The executive secretary may be the employee of another agency of state government, appointed to serve as executive secretary of the committee, with the consent of the executive office of the secretarys own agency.  (b) The committee may appoint such other personnel as may be necessary for the efficient performance of the duties prescribed by this chapter.  (c) The committee shall make rules for the conduct of its affairs, and shall meet at least bimonthly, and at other times upon the call of the chair or the written request of any two (2) members.  History of Section.P.L. 1978, ch. 368,  1. 
 40.1-8-4. Compensation and expenses of committee. The members of the committee shall receive no compensation for their services as committee members, but may, at the discretion of the governor, be reimbursed for traveling and other expenses actually incurred in the performance of their official duties.  History of Section.P.L. 1978, ch. 368,  1. 
 40.1-8-5. Purpose of committee. (a) It shall be the duty of the committee to work in cooperation with the Presidents Committee for People with Intellectual Disabilities and such other interested federal and state agencies, private organizations, and community groups in promoting the amelioration of mental retardation through the utilization of whatever community and state resources the committee may deem necessary to accomplish this.  (b) The committee shall consider and advise the governor, through the office of mental retardation, and the department of behavioral healthcare, developmental disabilities and hospitals, on such mental retardation legislation and other retardation matters as its members, the governor, the director of the department of behavioral healthcare, developmental disabilities and hospitals, and the assistant director for mental retardation may request; including, but not being limited to, advising and consulting with the office of mental retardation concerning improving the care, rehabilitation, and the training of mentally retarded persons, purchase of facilities, plans for construction of mental retardation facilities and the administration of programs and facilities (private and public) which receive state funds for the purpose of ameliorating mental retardation and/or otherwise providing services for mentally retarded persons.  History of Section.P.L. 1978, ch. 368,  1. 
 40.1-8-6. Authority to receive gifts. The committee is authorized to receive any gifts, grants, or donations made for any of the purposes of its program, and to disburse and administer the same in accordance with the terms thereof.  History of Section.P.L. 1978, ch. 368,  1. 
 40.1-9-1. Enactment of compact. The interstate compact on mental health is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows:    The contracting states solemnly agree that:   The party states find that the proper and expeditious treatment of persons who are mentally ill and developmentally disabled can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of people who are mentally ill and developmentally disabled under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.    As used in this compact: (a) Sending state shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.  (b) Receiving state shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.  (c) Institution shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or developmental disabilities.  (d) Patient shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.  (e) Aftercare shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.  (f) Mental illness shall mean mental disease to such extent that a person so afflicted requires care and treatment for his or her own welfare, or the welfare of others, or of the community.  (g) Developmentally disabled shall mean developmentally disabled as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing him or herself and his or her affairs, but shall not include mental illness as defined herein.  (h) State shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.    (a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or developmental disability, he or she shall be eligible for care and treatment in an institution in that state irrespective of his or her residence, settlement or citizenship qualifications.  (b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patients full record with due regard for the location of the patients family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.  (c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.  (d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he or she would be taken if he or she were a local patient.  (e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.    (a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patients intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.  (b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state.  (c) In supervising, treating, or caring for a patient on aftercare pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.    Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he or she shall be detained in the state where found pending disposition in accordance with law.    The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.    (a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.  (b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two (2) or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.  (c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.  (d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.  (e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of persons who are mentally ill or developmental disabled, or any statutory authority pursuant to which such agreements may be made.    (a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties and responsibilities of any patients guardian on his or her own behalf or in respect of any patient for whom he or she may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his or her power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.  (b) The term guardian, as used in paragraph (a) of this article, shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.    (a) No provision of this compact except article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or developmental disability, said person would be subject to incarceration in a penal or correctional institution.  (b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or developmental disability.    (a) Each party state shall appoint a compact administrator who, on behalf of his or her state, shall act as general coordinator of activities under the compact in his or her state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his or her state either in the capacity of sending or receiving state. The compact administrator or his or her duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.  (b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.    The duly constituted administrative authorities of any two (2) or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or developmental disability. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.    This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.    (a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.  (b) Withdrawal from any agreement permitted by article VII (b) as to costs or from any supplementary agreement made pursuant to article XI shall be in accordance with the terms of such agreement.    This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.  History of Section.R.P.L. 1957, ch. 20,  1; G.L. 1956,  26-6-1; P.L. 1979, ch. 39,  1; P.L. 1999, ch. 83,  109; P.L. 1999, ch. 130,  109. 
 40.1-9-2. Compact administrator. The fiscal agent in the department of behavioral healthcare, developmental disabilities and hospitals shall be the compact administrator and authorized to carry out all of the powers and duties set forth in the compact, provided, that the duties set forth in the compact shall not be in diminution of the duties or powers of the fiscal agent.  History of Section.R.P.L. 1957, ch. 20,  2; Reorg. Plan No. 1, 1970; G.L. 1956,  26-6-2; P.L. 1979, ch. 39,  1. 
 40.1-9-3. Payments by state. The compact administrator, subject to the approval of the chief state fiscal officer, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.  History of Section.R.P.L. 1957, ch. 20,  4; G.L. 1956,  26-6-3; P.L. 1979, ch. 39,  1.