HAR §11-175-56. Right to uncensored communication

Psychiatric facilities and residential treatment facilities shall have policies and procedures for the consumer's exercise of the right to uncensored communication. Such policies and procedures shall include: (1) Daily telephone hours of not less than one hour for placing and receiving telephone calls shall apply to all consumers; (2) No limitation on placing telephone calls outside telephone hours to a consumer's lawyer or legal representative; (3) Limiting the right to communicate by telephone only to prevent a consumer from: (A) Being seriously hurt, physically or mentally; (B) Breaking a law; (C) Disrupting the facility; or (D) Harassing an individual who has requested that the consumer be prevented from calling, provided that a limitation of up to one week shall follow a verbal request, and provided further that a limitation for more than one week shall require a written request. (4) Permitting a voluntary consumer to agree to a temporary limitation of the right as a condition of a treatment program for which informed consent to treatment is obtained. (5) Incoming and outgoing mail shall be unopened, except that that the consumer may be required to open incoming mail in the presence of a staff member if contraband is reasonably suspected and the reasonable suspicion is documented in the clinical record; (6) Limiting the right to send and receive mail only to prevent a consumer from breaking a law. [Eff. and comp DEC 30 1988; comp OCT 19 2007 ] (Auth: HRS §321-9) (Imp HRS 175 - 43 2762 11-175-57