TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-22
Developmental Disabilities

SECTION 40.1-22-4


§ 40.1-22-4 General powers and duties of the director.

(a) The director of mental health, retardation, and hospitals is charged with the execution of laws relating to the admission and care of the developmentally disabled.

(b) The director shall be responsible for the facilities in the department and such others as are approved to function under this chapter for the purpose of determining whether the provisions of this law relating to admission and care of developmentally disabled persons are being complied with, and giving such residents of the facilities as may request it, suitable opportunity to converse with him or her or them apart from the officers and attendants thereof. The director shall act with power to investigate the question of developmental disability and condition of any person who is a resident of any institution for the developmentally disabled, public or private, or restrained in his or her liberty by reason of alleged developmental disability at any place within the state, and shall discharge any such person, if in his or her opinion he or she is not developmentally disabled or can be cared for after discharge without serious harm to him or herself or others. For such purposes, the director is empowered to hold hearings, subpoena witnesses, compel their attendance, administer oaths to witnesses, examine witnesses under oath, and require the production of any books, documents, papers, or records deemed relevant to the inquiry under investigation. A subpoena issued under this section shall be regulated by civil practice laws and rules.

(3) The director may assign a portion of any state facility, for the holding of religious service, to be used exclusively for the benefit of the patients and employees of the facility, subject to such conditions as may be imposed by the director.

(4) The director may:

(i) Examine all facilities, public and private, licensed by him or her or authorized by law to receive, admit, and care for the developmentally disabled; and

(ii) Inquire into their methods of government and management of all persons therein; and

(iii) Examine into the condition of all buildings, grounds, and other property connected with the facility, and into all matters relating to its management.

(5) The director may promulgate and adopt such rules and regulations governing the management of the facilities, both public and private, as he or she may deem necessary to carry out the provisions of this chapter to insure the comfort, promote the welfare, and protect the rights of the residents.

(6) Any patient, or person representing the patient shall be furnished, upon request, all information and reports upon which a director or other resident physician made his or her or their determination or finding that the patient is a developmentally disabled person.

History of Section.
(P.L. 1970, ch. 324, § 1; Reorg. Plan No. 1, 1970; G.L. 1956, § 23-43.1-4; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2.)