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§40.1-5-22  Duties of the mental health advocate. –

Published: 2015

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TITLE 40.1

Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-5

Mental Health Law

SECTION 40.1-5-22

   § 40.1-5-22  Duties of the mental health

advocate. –

The mental health advocate shall perform the following duties:

   (1) Insure that each person in treatment and, in proper

cases, others interested in the person's welfare, is apprised of his or her

rights under this chapter.

   (2) Review periodically the procedures established by

facilities to carry out provisions of this chapter.

   (3) Assist any patient to obtain needed legal assistance

concerning problems not related to the provisions of this chapter by referring

the persons to appropriate lawyer referral services, public or private,

depending upon the person's ability to pay, and assist the persons in the

preparation and transmission of correspondence, forms and other communications.

   (4) Review complaints of persons and investigate those where

it appears that a person may be in need of assistance from the mental health


   (5) Investigate and report to the director or person in

charge of any facility, any occurrences, conditions, or practices with respect

to procedure, personnel, or facilities which reflect inadequacies with

reference to the provisions of this chapter.

   (6) Act as counsel for all indigent persons and to assist

other than indigents to secure counsel relating to the application of the

provisions of this chapter, including, but not limited to, judicial proceedings


   (7) Take all possible action including, but not limited to,

programs of public education, legislative advocacy, and formal legal action, to

secure and ensure the legal, civil, and special rights of persons who are

subject to the provisions of this chapter.

   (8) Establish a formal liaison between the mental health

advocate and community based mental health clinics and other community


History of Section.

(P.L. 1974, ch. 119, § 1; P.L. 1980, ch. 226, § 12; P.L. 1982, ch.

414, § 14.)