A. A person receiving treatment for mental illness or alcohol- or drug-dependency may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if:

1. The consumer voluntarily agrees to perform the labor;

2. Engaging in the labor would not be inconsistent with the treatment plan for the consumer;

3. The amount of time or effort necessary to perform the labor would not be excessive;

4. The consumer is compensated appropriately and in accordance with applicable federal and state minimum wage laws; and

5. Discharge and privileges are not conditioned upon the performance of such labor.

B. The provisions of this section shall not apply to bona fide “work therapy” which is a part of the treatment program.

Work therapy shall be:

1. In the best interests of the person;

2. Therapeutic in nature and purpose;

3. Part of the treatment plan of the person;

4. Documented in the treatment record with a rationale for the work therapy;

5. Voluntarily entered into by the person;

6. Compensated by the facility at a rate derived from the value of the work performed; and

7. Compensated in accordance with federal and state minimum wage law if the primary benefit is to the facility.

C. The provisions of subsections A and B of this section shall not apply to personal housekeeping, personal maintenance, or communal living, or tasks oriented to improving life skills. These activities shall not primarily benefit the facility.

D. Payment pursuant to this section shall not be applied by the facility to offset the costs of maintenance of persons receiving treatment in the facility, unless the person authorizes such payment or offset in writing.

Added by Laws 1980, c. 174, § 1, eff. Oct. 1, 1980. Renumbered from § 191.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2002, c. 488, § 30, eff. Nov. 1, 2002; Laws 2005, c. 150, § 29, emerg. eff. May 9, 2005.