36-507. Patient's rights to privacy and to personal possessions

Every person undergoing evaluation or treatment pursuant to this chapter:

1. Has the right not to be fingerprinted.

2. Has the right not to be photographed without consent of the person and the person's attorney or guardian, except that the person may be photographed upon admission to an agency for identification and administrative purposes of the agency.  All photographs shall be confidential and shall not be released by the agency except pursuant to court order.

3. Has the right to examine the written treatment program and the medical record, unless the attending physician or the physician's designee who is a health professional as defined in section 32-3201 determines that such an examination is contraindicated or the requirements of section 12-2293, subsection B are met.  If the attending physician or the physician's designee denies such an examination, this determination shall be noted in the patient's medical record.

4. Has access to individual storage space for his private use while undergoing evaluation or treatment.

5. May wear the person's own clothing, keep and use the person's own personal possessions including toilet articles and to keep and be allowed to spend a reasonable sum of the person's own money for the person's own needs and comfort.  Notwithstanding section 36-516, the director of the agency may deny the patient's rights under this paragraph if necessary to protect the safety of the patient or others.  The denial shall be based on a written determination and entered into the patient's clinical record and that information shall be made available on request to the person or the person's attorney or guardian.