§ 7701. Notice of rights
A hospital, secure residential recovery facility, and psychiatric residential treatment
facility for youth shall provide reasonable means and arrangements, including the
posting of excerpts from relevant statutes, for informing patients of their right
to discharge and other rights and for assisting them in making and presenting requests
for discharge or for application to have the patient’s status changed from involuntary
to voluntary. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2021, No. 30, § 2; 2023, No. 137 (Adj. Sess.), § 15a, eff. July 1, 2024.)
§ 7702. Repealed. 1977, No. 252 (Adj. Sess.), § 36.
§ 7703. Treatment
(a) Outpatient treatment or partial hospitalization shall be preferred to inpatient treatment.
Emergency involuntary treatment shall be undertaken only when clearly necessary. Involuntary
treatment shall be utilized only if voluntary treatment is not possible.
(b) The Department shall establish minimum standards for adequate treatment as provided
in this section, including requirements that, when possible, psychiatric unit staff
be used as the primary source to implement emergency involuntary procedures such as
seclusion and restraint. The Department shall oversee and collect information and
report on data regarding the use of emergency involuntary procedures for patients
admitted to a psychiatric unit, a secure residential recovery facility, or a psychiatric
residential treatment facility for youth, regardless of whether the patient is under
the care and custody of the Commissioner. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 9; 2011, No. 79 (Adj. Sess.), § 25, eff. April 4, 2012; 2021, No. 30, § 3; 2023, No. 137 (Adj. Sess.), § 16, eff. July 1, 2024.)
§ 7704. Mechanical restraints
Mechanical restraints shall not be applied to a patient unless it is determined by
the head of the hospital or the head of the hospital’s designee to be required by
the medical needs of the patient or the hospital. Every use of a mechanical restraint
and the reasons for the use of the mechanical restraint shall be made a part of the
clinical record of the patient under the signature of the head of the hospital or
the head of the hospital’s designee. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 2023, No. 6, § 205, eff. July 1, 2023.)
§ 7705. Communication and visitation
(a) Subject to the general rules and regulations of the hospital and except to the extent
that the head of the hospital determines that it is necessary for the medical welfare
or needs of the patient or the hospital to impose restrictions, every patient is entitled:
(1) to communicate by sealed mail or otherwise with persons, including official agencies,
inside or outside the hospital;
(2) to receive visitors and to make and receive telephone calls; and
(3) to exercise all civil rights, including the right to dispose of property, execute
instruments, make purchases, enter contractual relationships, and vote on his or her
own initiative, unless he or she has been adjudicated incompetent and has not been
restored to legal capacity.
(b) Notwithstanding any limitations or restrictions authorized by this section on the
right of communication, every patient is entitled to communicate by sealed mail with
the Board, the Commissioner, his or her attorney, his or her clergyman, and the District
judge, if any, who ordered his or her hospitalization. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 7706. Legal competence
No determination that a person requires treatment and no order of the court authorizing
hospitalization or alternative treatment shall lead to a presumption of legal incompetence
for matters other than treatment. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 10.)
§ 7707. Record of restrictions
Any limitation imposed by the head of a hospital on the exercise of civil rights by
a patient and the reasons for the limitation shall be made a part of the clinical
record of the patient. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 7708. Surgical operations
If the superintendent finds that a patient supported by the State requires a surgical
operation or that a surgical operation would promote the possibility of his or her
discharge from the hospital, the superintendent, with the consent of the patient,
his or her attorney, his or her legally appointed guardian, if any, or next of kin,
if any be known, may make the necessary arrangements with some surgeon and hospital
for the operation. The expense of the operation shall be borne by the State in the
same proportion as the patient is supported by the State. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 7709. Change from involuntary to voluntary
At any time, a patient may, with the permission of the head of the hospital, have
his or her status changed from involuntary to voluntary upon making application as
provided in section 7503 of this title. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 11.)
§ 7710. Visits by clergy or attorney
A patient’s clergy or an attorney at law retained by or on behalf of any patient or
appointed for him or her by any court shall be admitted to visit at all reasonable
times. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
§ 7711. Repealed. 1977, No. 252 (Adj. Sess.), § 36.