TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-5
Mental Health Law

SECTION 40.1-5-10

§ 40.1-5-10. Periodic institutional review proceedings.

(a) In general. Each patient admitted or certified to a facility pursuant to the provisions of this chapter shall be the subject of a periodic review of his or her condition and status to be conducted by a review committee composed of at least one psychiatrist and other mental health professionals involved in treating the patient. The committee shall be composed of no fewer than three (3) persons and shall be appointed by the director of the facility or his or her designated agent. The reviews shall minimally involve an evaluation of the quality of care the patient is receiving, including an evaluation of the patient's treatment plan, and the making of any recommendations for the improvement of the care or for the revision of the treatment plan, including alternative available living arrangements, foster care, community residential facilities, nursing homes, and other convalescent facilities. At every fourth review, one member of the committee shall be a member of the hospital's utilization review committee appointed by that committee's chairperson.

(b) Frequency. The review proceedings shall take place at least once within each ninety-day (90) period during which a person is a patient in the facility.

(c) Results of review. The results of each review shall be entered in the patient's medical record, presented orally to the patient within twenty-four (24) hours, and confirmed by written notice to the patient and his or her guardian, or with the patient's consent, to his or her next of kin, within seventy-two (72) hours. In the event the director of the facility is not a member of the committee, the notice shall be transmitted to him or her as well. Where the committee determines that further care in the facility is required, the notice to the patient shall include an explanation of the patient's rights to pursue discharge as elsewhere provided in this chapter.

History of Section.
(P.L. 1974, ch. 119, § 1; P.L. 1976, ch. 215, § 1.)