SECTION 450:15-3-28. Right to name a Treatment Advocate

(a)   All adult mental health consumers being served by a licensed mental health professional shall be informed by the LMHP or the mental health treatment facility that the consumer has the right to designate a family member or other concerned individual as a treatment advocate. The program shall have written policies and procedures ensuring this provision.

(b)   The consumer shall not be coerced, directly or indirectly, into naming or not naming a Treatment Advocate or choice of Treatment Advocate or level of involvement of the Treatment Advocate. Any individual so designated shall at all times act in the best interests of the consumer and comply with all conditions of confidentiality.

(c)   No limitation may be imposed on a consumer's right to communicate by phone, mail or visitation with his or her Treatment Advocate, except to the extent that reasonable times and places may be established.

(d)   The Treatment Advocate may participate in the treatment planning and discharge planning of the person being served to the extent consented to by the consumer and permitted by law.

(e)   The consumer and Treatment Advocate shall be notified of treatment and discharge planning meetings at least 24 hours in advance.

(f)   All LMHPs or mental health treatment facilities shall use a Treatment Advocate Designation form which will minimally include:

(1)   the consumer's choice to name or not name a Treatment Advocate;

(2)   identify any specifically named person;

(3)   indicate the level of involvement the identified Treatment Advocate shall have.

(4)   a space where the Treatment Advocate will indicate his or her intention of serving according to the consumer's specifications;

(5)   an agreement that the Treatment Advocate will comply with all standards of confidentiality; and

(6)   both the signature of the consumer and the Treatment Advocate.

(g)   Verbal confirmation of the written information proposed in the form shall be permitted until such time as the Treatment Advocate can be present to sign the designated form.

(h)   The consumer may change or revoke the designation of a treatment advocate at any time and for any reason.

(i)   A copy of the completed form shall be given to the consumer and the treatment advocate. The original shall be maintained in the consumer's record.

(j)   The Treatment Advocate form shall be reviewed with the consumer at each point of treatment planning and treatment planning review to afford the consumer an opportunity for review and amendment.

[Source: Added at 21 Ok Reg 1726, eff 7-1-04]