Substitute House Bill No. 5410
Substitute House Bill No. 5410
PUBLIC ACT NO. 98-18
AN ACT CONCERNING NOTIFICATION OF CERTAIN PATIENT
RIGHTS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 17a-548 of the general statutes, as
amended by section 80 of public act 97-8 of the
June 18 special session, is repealed and the
following is substituted in lieu thereof:
(a) Any patient shall be permitted to wear
his or her own clothes; to keep and use personal
possessions including toilet articles; except for
patients hospitalized in Whiting Forensic
Division; to be present during any search of his
personal possessions; to have access to individual
storage space for such possessions; and in such
manner as determined by the facility to spend a
reasonable sum of his or her own money for canteen
expenses and small purchases. These rights shall
be denied only if the superintendent, director, or
his authorized representative determines that it
is medically harmful to the patient to exercise
such rights. An explanation of such denial shall
be placed in the patient's permanent clinical
record.
(b) In connection with any litigation related
to hospitalization, or at any time following
discharge from the facility, any patient or his or
her attorney shall have the right, upon written
request, to inspect all of such patient's hospital
records, and to make copies thereof. Unless the
request is made in connection with any litigation
related to hospitalization, a mental health
facility, as defined in subdivision (5) of section
52-146d, may refuse to disclose any portion of a
patient's record which the mental health facility
determines: (1) Would create a substantial risk
that the patient would inflict life-threatening
injury to self or to others or experience a severe
deterioration in mental state; (2) would
constitute an invasion of privacy of another
person; or (3) would violate an assurance of
confidentiality furnished to another person,
provided only such portion of the record the
disclosure of which would not constitute an
invasion of privacy of another person or violate
an assurance of confidentiality furnished to
another person shall be disclosed. Any patient
aggrieved by a facility's refusal to disclose
under this subsection may petition the Superior
Court for relief in the same manner as a patient
proceeding under section 4-105, except that in
addition to notice and a hearing, the court may
conduct an in camera review of the record. The
court shall order disclosure of the record by such
facility unless the court determines that the
disclosure (A) would create a substantial risk
that the patient would inflict life-threatening
injury to self or to others or experience a severe
deterioration in mental state, or (B) would
constitute an invasion of privacy of another
person, or (C) would violate an assurance of
confidentiality furnished to another person,
provided if the court orders disclosure of the
record, only such portion of the record the
disclosure of which would not constitute an
invasion of privacy of another person or violate
an assurance of confidentiality furnished to
another person shall be disclosed.
(c) A list of all in-hospital rights shall be
prominently posted in each ward where mental
health services are provided. SUCH LIST SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE RIGHT TO
LEAVE, AS AFFORDED BY SUBSECTION (a) OF SECTION
17a-506, AS AMENDED, THE RIGHT TO A HEARING, AS
AFFORDED BY SUBSECTION (d) OF SECTION 17a-502, AND
THE RIGHT TO FILE A COMPLAINT, AS AFFORDED BY THE
HOSPITAL'S COMPLAINT PROCEDURE.
(d) Nothing in subsection (b) of this section
shall limit a patient's right of access to his
records under section 4-104.
Approved April 24, 1998