Behavioral Healthcare, Developmental Disabilities and Hospitals
Mental Health Law
§ 40.1-5-22 Duties of the mental health
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.)