§ 43A-3-424. Visitation privileges - Mail or other communication - Telephones.

A.  Subject to the restrictions imposed by subsection B of this section, a consumer in an inpatient or residential mental health or substance abuse facility has the right to:

1.  Receive a reasonable number of visitors at reasonable times;

2.  Reasonable access to make and receive telephone calls;

3.  Communicate by uncensored and sealed mail; and

4.  Writing materials and reasonable amounts of postage if unable to procure the same.

B.  The rights provided in subsection A of this section are subject to the general rules of the facility and may be restricted by the treatment team ultimately responsible for the consumer’s treatment to the extent that the restriction is necessary to the consumer’s welfare, to protect another person, or to the security of the facility; provided, however, the right to communicate with legal counsel, a treatment advocate, or the Department may not be denied.

C.  If a restriction is imposed under this section, the reasons for the restriction and the duration of the restriction shall be documented in the consumer’s clinical record.  The treatment team shall inform the consumer, the treatment advocate, and, if appropriate, the consumer’s parent or guardian of the clinical reasons for the restriction and the duration of the restriction.

Added by Laws 1978, c. 64, § 23.  Renumbered from Title 63, § 2140 by Laws 1986, c. 103, § 104, eff. Nov. 1, 1986.  Amended by Laws 2004, c. 113, § 11, eff. Nov. 1, 2004; Laws 2010, c. 287, § 21, eff. Nov. 1, 2010.