Section 33.07. Care and custody of the personal property of patients  


Latest version.
  • (a) A patient's right to retain his personal belongings upon admission
      to  a  facility  shall  be  respected.  The  director,  subject  to  the
      regulations of the commissioner,  may  take  temporary  custody  of  the
      patient's  personal  property  upon the person of the patient.  Personal
      property which is retained for the patient's protection  shall  be  used
      for  the  support  and  benefit  of  the  patient  if  deemed desirable.
      Otherwise, it is to be conserved  for  his  benefit.  If  a  patient  is
      transferred  to  another  facility,  his  personal  belongings  shall be
      transferred with him. Gifts received by a patient in a facility shall be
      handled in the same manner.
        (b) The director of a department facility shall have the power to take
      temporary and immediate custody of the personal property  of  a  patient
      which  is  in  the  possession  of  other  persons upon giving a receipt
      therefor to the person having possession thereof.
        (c) Any interest on money received and held for a patient shall be the
      property of the individual patient and shall not accrue for the  general
      welfare of all patients in a facility.
        (e)  A  mental  hygiene facility which is a representative payee for a
      patient pursuant to designation by the social security administration or
      which assumes management responsibility over the  funds  of  a  patient,
      shall  maintain  such  funds in a fiduciary capacity to the patient. The
      commissioners of mental health and mental retardation and  developmental
      disabilities shall develop standards regarding the management of patient
      funds.