Effective 28 Aug 1996

632.325. Information to be furnished to patient and others, when. — If the respondent is accepted for evaluation or for evaluation and treatment pursuant to this chapter, he shall be advised, orally and in writing, of the information contained in subdivisions (1) through (11) of this section. The respondent's guardian and, if possible and the respondent consents, a responsible member of his immediate family shall be advised, within eight hours either orally or in writing, of the information contained in subdivisions (1) through (11) of this section. The personnel of the mental health facility to which the respondent is taken or the mental health coordinator shall advise the aforementioned individuals that unless the respondent is released or voluntarily admits himself within ninety-six hours of the initial detention:

(1) He may be detained for ninety-six hours from the time of his initial detention to be evaluated and treated;

(2) Within the ninety-six hours, the head of the mental health facility or the mental health coordinator may file a petition to have him detained for an additional period not to exceed twenty-one days, after a court hearing;

(3) He will be given a judicial hearing within two judicial days after the day the petition for additional detention is filed;

(4) An attorney has been appointed who will represent him before and after the hearing and who will be notified as soon as possible; provided, however, that he also has the right to private counsel of his own choosing and at his own expense;

(5) He has the right to communicate with counsel at all reasonable times and to have assistance in contacting such counsel;

(6) The purpose of the evaluation is to determine whether he meets the criteria for civil detention under this chapter and that anything he says to personnel at the mental health facility may be used in making that determination, may result in involuntary detention proceedings being filed against him and may be used at the court hearing;

(7) He has the right to present evidence and to cross-examine witnesses who testify against him at the hearing;

(8) During the period prior to being examined by a licensed physician, he may refuse medication unless he presents an imminent likelihood of serious physical injury to himself or others;

(9) He has the right to refuse medication except for lifesaving treatment beginning twenty-four hours prior to the hearing for twenty-one-day detention;

(10) He has the right to request that the hearing be held in his county of residence if he is a resident of this state;

(11) He has the right to have an interpreter assist him to communicate, at the facility or during the hearing, or both, if he has impaired hearing or does not speak English.

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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)