reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-3 - Curative Services › Section 40.1-3-9. - Staff and employees of the Eleanor Slater hospital and of the Rhode Island state psychiatric hospital.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-3 - Curative Services › Section 40.1-3-14. - Policy as to reimbursement of private hospitals.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-3 - Curative Services › Section 40.1-3-15. - Discrimination against osteopaths and optometrists.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-3 - Curative Services › Section 40.1-3-16. - Vigneron memorial fund grant account.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-4.1 - Emergency Commitment for Drug Intoxication [Repealed.] › Section 40.1-4.1-1 - — 40.1-4.1-6. [Repealed.]

§ 40.1-4.1-1 — 40.1-4.1-6. [Repealed.]
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-1. - Short title.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-4. - Delegation of authority by director.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-7.1. - Emergency transportation by police.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-9. - Right to treatment — Treatment plan.

§ 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/or licensed advanced practice registered nurse (APRN) as defined in § 40.1-5-2, and implemented as soon as possible — in any event no later than five (5) days after a patient’s 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 patient’s 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; P.L. 2023, ch. 99, § 1, effective June 19, 2023; P.L. 2023, ch. 100, § 1, effective June 19, 2023.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-10. - Periodic institutional review proceedings.

§ 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, or licensed advanced practice registered nurse (APRN) as defined in § 40.1-5-2, 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 patient’s 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 facility’s utilization review committee appointed by that committee’s chairperson.
(b)
Frequency.
The review proceedings shall take place at least once within each ninety-day period (90) during which a person is a patient in the facility.
(c)
Results of review.
The results of each review shall be entered in the patient’s 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 patient’s 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 patient’s 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; P.L. 2023, ch. 99, § 1, effective June 19, 2023; P.L. 2023, ch. 100, § 1, effective June 19, 2023.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-11. - Discharge — Recertification.

§ 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 patient’s 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 patient’s 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 within no less than seven (7) 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; P.L. 2023, ch. 99, § 1, effective June 19, 2023; P.L. 2023, ch. 100, § 1, effective June 19, 2023.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-12. - Habeas corpus and other remedies.

§ 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 patient’s certification not previously litigated on appeal;
(2)
Although the certification proceedings were proper, the patient’s 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-13. - Mental health advocate.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-14. - Appointment and term of office of mental health advocate.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-15. - Staff of mental health advocate.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-16. - Appropriations.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-17. - Assistance of indigent persons.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-18. - Confidentiality of information received.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-19. - False statements and representations.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-20. - Exemption from court fees or charges.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-21. - Annual report.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-22. - Duties of the mental health advocate.

§ 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 person’s 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 person’s 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-23. - Access to information.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-24. - Rights and powers of mental health advocate.

§ 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 advocate’s 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-24.1. - Powers to accept grants and bequests.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-25. - Use of confidential information.

§ 40.1-5-25. Use of confidential information.
Personnel of the mental health advocate’s 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-27. - Release of information to patient’s family.

§ 40.1-5-27. Release of information to patient’s family.
Nothing in this chapter shall prohibit the release of information to a patient’s attorney, his or her guardian or conservator, if any, or a member of the patient’s 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-27.1. - Disclosure by mental health professional.

§ 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(13) 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 person’s 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-28. - Notice of disappearance of patient.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-29. - Record of disclosure.

§ 40.1-5-29. Record of disclosure.
(a)
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 their designee, shall promptly cause to be entered into the patient’s 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.
(b)
When any disclosure of information or records is made through automated electronic exchanges such as those facilitated by electronic health records or health information exchanges, the appropriate system operator shall promptly 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.
(c)
Documentation related to disclosure of information or records, including the content thereof, as required under subsections (a) and/or (b) of this section, shall be made available to the patient upon the patient’s or the patient’s guardian’s request.
History of Section.
P.L. 1974, ch. 119, § 1; P.L. 2023, ch. 230, § 1, effective June 23, 2023.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-30. - Statistical data.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-31. - Maintenance of facilities.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-33. - Payment for care and treatment.

§ 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 director’s 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 patient’s 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-34. - Exclusiveness of this chapter.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-35. - Support of poor or indigent patients.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-36. - Guardians ad litem.

§ 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 litem’s 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-37. - Service of process on patients.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-38. - Conspiracy to admit person improperly.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-39. - Deprivation of rights of persons admitted to facilities.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-40. - Disciplinary action against employees of facilities.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-40.1. - Duty to report.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-40.2. - Immunity from liability for reporting patient abuse.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-41. - Immunity of physicians and surgeons from liability.

§ 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 patient’s 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-42. - Severability.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5 - Mental Health Law › Section 40.1-5-43. - Applicability to acts done, rights accruing, orders, or admissions prior to January 1, 1975.

§ 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.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.1 - Commitment of Insane Persons [Repealed.] › Section 40.1-5.1-1 - — 40.1-5.1-19. [Repealed.]

§ 40.1-5.1-1 — 40.1-5.1-19. [Repealed.]
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-5.2 - Care and Treatment [Repealed.] › Section 40.1-5.2-1 - — 40.1-5.2-30. [Repealed.]

§ 40.1-5.2-1 — 40.1-5.2-30. [Repealed.]