All patients hospitalized or committed pursuant to this chapter have the following rights:
(A) The right to a written list of all rights enumerated in this chapter, to that person, that person's legal guardian, and that person's counsel. If the person is unable to read, the list shall be read and explained to the person.
(B) The right at all times to be treated with consideration and respect for the patient's privacy and dignity, including without limitation, the following:
(1) At the time a person is taken into custody for diagnosis, detention, or treatment under Chapter 5122. of the Revised Code, the person taking that person into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by that person;
(2) A person who is committed, voluntarily or involuntarily, shall be given reasonable protection from assault or battery by any other person.
(C) The right to communicate freely with and be visited at reasonable times by the patient's private counsel or personnel of the Ohio protection and advocacy system and, unless prior court restriction has been obtained, to communicate freely with and be visited at reasonable times by the patient's personal physician or psychologist.
(D) The right to communicate freely with others, unless specifically restricted in the patient's treatment plan for clear treatment reasons, including without limitation the following:
(1) To receive visitors at reasonable times;
(2) To have reasonable access to telephones to make and receive confidential calls, including a reasonable number of free calls if unable to pay for them and assistance in calling if requested and needed.
(E) The right to have ready access to letter writing materials, including a reasonable number of stamps without cost if unable to pay for them, and to mail and receive unopened correspondence and assistance in writing if requested and needed.
(F) The right to the following personal privileges consistent with health and safety:
(1) To wear the patient's own clothes and maintain the patient's own personal effects;
(2) To be provided an adequate allowance for or allotment of neat, clean, and seasonable clothing if unable to provide the patient's own;
(3) To maintain the patient's personal appearance according to the patient's own personal taste, including head and body hair;
(4) To keep and use personal possessions, including toilet articles;
(5) To have access to individual storage space for the patient's private use;
(6) To keep and spend a reasonable sum of the patient's own money for expenses and small purchases;
(7) To receive and possess reading materials without censorship, except when the materials create a clear and present danger to the safety of persons in the facility.
(G) The right to reasonable privacy, including both periods of privacy and places of privacy.
(H) The right to free exercise of religious worship within the facility, including a right to services and sacred texts that are within the reasonable capacity of the facility to supply, provided that no patient shall be coerced into engaging in any religious activities.
(I) The right to social interaction with members of either sex, subject to adequate supervision, unless such social interaction is specifically withheld under a patient's written treatment plan for clear treatment reasons.
As used in this section, "clear treatment reasons" means that permitting the patient to communicate freely with others will present a substantial risk of physical harm to the patient or others or will substantially preclude effective treatment of the patient. If a right provided under this section is restricted or withheld for clear treatment reasons, the patient's written treatment plan shall specify the treatment designed to eliminate the restriction or withholding of the right at the earliest possible time.
Cite as R.C. § 5122.29
History. Amended by 129th General AssemblyFile No.28, HB 153, §120.20, eff. 10/1/2012.
Effective Date: 07-01-1989