W. Va. Code R. § 64-59-12

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-59-12 - Right to Unrestricted Communication

12.1. Generally. Every patient has the right to unimpeded and private communication with whomever the patient chooses by mail, telephone, visits, or otherwise, except as specified in this rule.

12.2. Written Correspondence.

12.2.1. Every patient is entitled to communicate by sealed mail, or otherwise, with any persons, including official agencies inside, or outside, the facility. This right may not be denied, restricted, or infringed in any manner, except as specified in subsection 12.4 of this rule.

12.2.2. The mental health facility shall provide a return address to patients that does not identify the institution. Unless the patient requests that the return address be withheld, it is the responsibility of the mental health facility to ensure that the name and return address are inscribed legibly on all outgoing patient mail without identification of the institutional nature of the facility.

12.2.3. Written correspondence shall not be opened or read by staff. Mail returned by recipients to a patient marked "REFUSED" shall be returned, unopened, to the patient.

12.2.4. Indigent patients shall be provided letter writing materials, including stamps.

12.2.5. There shall be no delay in transmission of outgoing or incoming mail.

12.3. Telephone.

12.3.1. Patients shall have the unimpeded and uncensored right to access to a telephone for the purpose of calling whomever they wish, except as specified in subsection 12.4 of this rule or as otherwise clinically contraindicated. If it is necessary for a patient to be accompanied to the telephone by a staff member, or the assistance of a staff member is needed in making a call, the necessary arrangements shall be made by the staff and the confidentiality of the patient's conversation shall be fully protected by the staff member assisting the patient.

12.3.2. Patients shall have reasonable access to a telephone for calls on the patient's unit. Phones shall be available for patients to receive regular incoming calls.

12.3.3. Phone areas shall afford reasonable privacy and comfort.

12.4. Restrictions. Any deviation from the telephone and mail rights afforded by subsections 12.2 and 12.3 of this rule can only be authorized by the interdisciplinary team or the physician for a time specified by the team or as otherwise clinically indicated. A complete report relative to the restriction of telephone or mail rights and the reasons therefor shall be made a part of the patient's medical record, signed and dated by the patient's attending physician, and reflected in the patient's nursing care plan. Restrictions of mail and telephone rights shall expire in three days unless reviewed.

12.5. Visitors.

12.5.1. Every patient has the unimpeded right to refuse or receive (during all reasonable hours) visitors as permitted by 42 C.F.R. § 482.13(h), except as specified in subdivision 12.5.2 of this rule or as otherwise clinically contraindicated. Visitation shall accommodate the working schedules of visitors. The mental health facility shall provide privacy for these visits. Visitors may take patients off grounds as approved by the patient's treatment team.

12.5.2. The right to visitation can only be limited by the treatment team, for critical clinical reasons. A complete report relative to the restriction of visitation rights and the reasons for the restriction shall be made a part of the patient's medical record, signed and dated by the patient's attending physician, and reflected in the patient's nursing care plan. The restriction expires in three days unless reviewed.

12.5.3. All visits shall be contact visits and facilities shall be provided for privacy with no monitoring of conversations.

W. Va. Code R. § 64-59-12