Iowa Code 125.92 – Rights and privileges of committed persons
Current as of: 2023 | Check for updates
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A person who is detained, taken into immediate custody, or committed under this subchapter has the right to:
1. Prompt evaluation, emergency services, and care and treatment as indicated by sound clinical practice.
Terms Used In Iowa Code 125.92
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means a natural person. See Iowa Code 154A.1
2. Render informed consent, except for treatment provided pursuant to sections 125.81 and 125.91. If the person is incompetent, treatment may be consented to by the person’s next of kin or guardian notwithstanding the person’s refusal. If the person refuses treatment which in the opinion of the chief medical officer is necessary, or if the person is incompetent and the next of kin or guardian refuses to consent to the treatment or no next of kin or guardian is available, the facility may petition a court of appropriate jurisdiction for approval to treat the person.
3. The protection of the person’s constitutional rights.
4. Enjoy all legal, medical, religious, social, political, personal, and working rights and privileges, which the person would enjoy if not detained, taken into immediate custody, or committed, consistent with the effective treatment of the person and of the other persons in the facility. If the person’s rights are restricted, the physician and surgeon’s or osteopathic physician and surgeon’s or mental health professional’s direction to that effect shall be noted in the person’s record. The person or the person’s next of kin or guardian shall be advised of the person’s rights and be provided a written copy upon the person’s admission to or arrival at the facility.