Page:United States Statutes at Large Volume 79.djvu/798

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[79 STAT. 758]
PUBLIC LAW 89-000—MMMM. DD, 1965
[79 STAT. 758]

758

PUBLIC LAW 89-183-SEPT. 14, 1965

[79 STAT.

Subchapter V—Right to Communication; Exercise of Other Rights §21-561. Mail privileges; censored mail; return to sender; visiting hours (a) A person hospitalized in a public or private hospital pursuant to this chapter may: (1) communicate by sealed mail or otherwise with an individual or official agency inside or outside the hospital; and (2) receive uncensored mail from his attorney or personal physician. (b) AH incoming mail or communications other than mail or communications referred to in subsection (a) of this section may be read before being delivered to the patient, if the chief of service believes the action is necessary for the medical welfare of the patient who is the intended recipient. Mail or other communication which is not delivered to the patient for whom it is intended shall be immediately returned to the sender. (c) This section does not prohibit the administrator from making reasonable rules regarding visitation hours and the use of telephone and telegraph facilities. § 21-562. Medical and psychiatric care and treatment; records A person hospitalized in a public hospital for a mental illness shall, during his hospitalization, be entitled to medical and psychiatric care and treatment. The administrator of each public hospital shall keep records detailing all medical and psychiatric care and treatment received by a person hospitalized for a mental illness and the records shall be made available, upon that person's written authorization, to his attorne}^ or personal physician. The records shall be preserved by the administrator until the person has been discharged from the hospital. § 21-563. Use of mechanical restraints; record of use A mechanical restraint may not be applied to a patient hospitalized in a public or private hospital for a mental illness unless the use of restraint is prescribed by a physician. If so prescribed, the restraint shall be removed whenever the condition justifying its use no longer exists. A use of a mechanical restraint, together with the reasons therefor, shall be made a part of the medical record of the patient. §21-564. Exercise of property and other rights; notice of inability; persons hospitalized prior to September 15, 1964 (a) A patient hospitalized pursuant to this chapter may not, by reason of the hospitalization, be denied the riarht to dispose of property, execute instruments, make purchases, enter into contractual relationships, vote, and hold a driver's license, unless the patient has been adjumcated incompetent by a court of competent jurisdiction and has not been restored to legal capacity. If the chief of service of the public or private hospital in which the patient is hospitalized is of the opinion that the patient is unable to exercise any of the rights referred to in this section, the chief of service shall immediately notify the patient and the patient's attorney, legal guardian, spouse, parents, or other nearest known adult relative, the United States District Court for the District of Columbia, the Commission on Mental Health, and the Board of Commissioners of the District of Columbia of that fact. (b) A person in the District of Columbia who, by reason of a judicial decree ordering his hospitalization entered prior to September 15, 1964, is considered to be mentally incompetent and is denied the right to dispose of property, execute instruments, make purchases, enter into