632.325. Information to be furnished to patient and others, when.
Information to be furnished to patient and others, when.
632.325. If the respondent is accepted for evaluation or forevaluation 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 possibleand the respondent consents, a responsible member of his immediate familyshall be advised, within eight hours either orally or in writing, of theinformation contained in subdivisions (1) through (11) of this section.The personnel of the mental health facility to which the respondent istaken or the mental health coordinator shall advise the aforementionedindividuals that unless the respondent is released or voluntarily admitshimself within ninety-six hours of the initial detention:
(1) He may be detained for ninety-six hours from the time of hisinitial detention to be evaluated and treated;
(2) Within the ninety-six hours, the head of the mental healthfacility or the mental health coordinator may file a petition to have himdetained for an additional period not to exceed twenty-one days, after acourt hearing;
(3) He will be given a judicial hearing within two judicial daysafter the day the petition for additional detention is filed;
(4) An attorney has been appointed who will represent him before andafter 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 choosingand at his own expense;
(5) He has the right to communicate with counsel at all reasonabletimes and to have assistance in contacting such counsel;
(6) The purpose of the evaluation is to determine whether he meetsthe criteria for civil detention under this chapter and that anything hesays to personnel at the mental health facility may be used in making thatdetermination, may result in involuntary detention proceedings being filedagainst him and may be used at the court hearing;
(7) He has the right to present evidence and to cross-examinewitnesses who testify against him at the hearing;
(8) During the period prior to being examined by a licensedphysician, he may refuse medication unless he presents an imminentlikelihood of serious physical injury to himself or others;
(9) He has the right to refuse medication except for lifesavingtreatment beginning twenty-four hours prior to the hearing fortwenty-one-day detention;
(10) He has the right to request that the hearing be held in hiscounty of residence if he is a resident of this state;
(11) He has the right to have an interpreter assist him tocommunicate, at the facility or during the hearing, or both, if he hasimpaired hearing or does not speak English.
(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)