630.110. Patient's rights--limitations.

MISSOURI STATUTES AND CODES

630.110. Patient's rights--limitations.

Patient's rights--limitations.

630.110. 1. Except as provided in subsection 5 of this section, eachperson admitted to a residential facility or day program and each personadmitted on a voluntary or involuntary basis to any mental health facilityor mental health program where people are civilly detained pursuant tochapter 632, RSMo, except to the extent that the head of the residentialfacility or day program determines that it is inconsistent with theperson's therapeutic care, treatment, habilitation or rehabilitation andthe safety of other facility or program clients and public safety, shall beentitled to the following:

(1) To wear his own clothes and to keep and use his own personalpossessions;

(2) To keep and be allowed to spend a reasonable sum of his own moneyfor canteen expenses and small purchases;

(3) To communicate by sealed mail or otherwise with persons includingagencies inside or outside the facility;

(4) To receive visitors of his own choosing at reasonable times;

(5) To have reasonable access to a telephone both to make and receiveconfidential calls;

(6) To have access to his mental and medical records;

(7) To have opportunities for physical exercise and outdoorrecreation;

(8) To have reasonable, prompt access to current newspapers,magazines and radio and television programming.

2. Any limitations imposed by the head of the residential facility orday program or his designee on the exercise of the rights enumerated insubsection 1 of this section by a patient, resident or client and thereasons for such limitations shall be documented in his clinical record.

3. Each patient, resident or client shall have an absolute right toreceive visits from his attorney, physician or clergyman, in private, atreasonable times.

4. Notwithstanding any limitations authorized under this section onthe right of communication, every patient, resident or client shall beentitled to communicate by sealed mail with the department, his legalcounsel and with the court, if any, which has jurisdiction over the person.

5. Persons committed to a residential facility or day programoperated, funded or licensed by the department pursuant to section 552.040,RSMo, persons detained at a county jail or at a secure facility undersection 632.484 or 632.489, RSMo, or persons committed to a secure facilityunder section 632.495, RSMo, shall not be entitled to the rights enumeratedin subdivisions (1), (3) and (5) of subsection 1 of this section unless thehead of the residential facility or day program determines that theserights are necessary for the person's therapeutic care, treatment,habilitation or rehabilitation. In exercising the discretion to grant anyof the rights enumerated in subsection 1 of this section to a patient,resident or client, the head of the residential facility or day programshall consider the safety of the public.