North Carolina § 122C-51 - Declaration of policy on clients' rights.

§ 122C-51. Declaration of policy on clients' rights.

It is the policy of the State to assure basic human rights to each client of a facility. These rights include the right to dignity, privacy, humane care, and freedom from mental and physical abuse, neglect, and exploitation. Each facility shall assure to each client the right to live as normally as possible while receiving care and treatment. It is further the policy of this State that each client who is admitted to and is receiving services from a facility has the right to treatment, including access to medical care and habilitation, regardless of age or degree of mental illness, developmental disabilities, or substance abuse. Each client has the right to an individualized written treatment or habilitation plan setting forth a program to maximize the development or restoration of his capabilities. History (1973, c. 475, s. 1; c. 1436, ss. 1, 8; 1985, c. 589, s. 2; 1989, c. 625, s. 7; 1997-442, s. 1.) Cross References. - As to penalties for violations of this Article, see G.S. 122C-24.1 . Legal Periodicals. - For note discussing the application of the constitutional right of privacy to a mental patient's refusal of psychotropic medication, see 57 N.C.L. Rev. 1481 (1979). For comment on exclusionary zoning of community facilities, see 12 N.C. Cent. L.J. 167 (1980). Opinions of Attorney General Applicability. - The provisions of former G.S. 122-55.1 through 122-55.14, relating to patients' rights, applied to services provided for an area mental health authority (now area mental health, developmental disabilities, and substance abuse authority) by a general hospital, etc., on a contractual basis. See opinion of Attorney General to Mr. R.J. Bickel, Deputy Director for Administration, Division of Mental Health and Mental Retardation Services, 48 N.C.A.G. 9 (1978). Parent-Child Relationship Unaffected. - See opinion of Attorney General to Dr. Lenore Behar, Chief, Children and Youth Services, Division of Mental Health Services, 44 N.C.A.G. 3 (1974), rendered under former statutory provisions.