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Mental Health America of Central
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Partner Agency of
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Federal law now includes a
Bill of Rights for persons receiving mental health treatment
services. Title V, Section 501 of the Mental Health Systems Act 42U.S.C.
defines in the United States law a Bill of Rights for Mentally Ill Patients. A
person admitted to a program or facility for the purpose of receiving mental
health services should be accorded the following: ¨ The right to treatment and services under conditions that support the person’s personal liberty and restrict such liberty only as necessary to comply with treatment needs, laws and judicial orders.
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The right to an
individualized, written, treatment or service plan (to be developed promptly
after admission), treatment based on the plan, periodic review and reassessment
of needs and appropriate revisions of the plan, including a description of
services that may be needed after discharge.
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The right to
ongoing participation in the planning of services to be provided and in the
development and periodic revision of the treatment plan, and the right to be
provided with a reasonable explanation of all aspects of one’s own condition and
treatment.
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The right to
refuse treatment, except during an emergency situation, or as permitted under
law in the case of a person committed by a court for treatment.
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The right not
to participate in experimentation in the absence of the patient’s informed,
voluntary, written consent, the right to appropriate protections associated with
such participation, the right to an opportunity to revoke such consent.
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The right to
freedom from restraints or seclusion, other than during an emergency situation.
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The right to a
humane treatment environment that affords reasonable protection from harm and
appropriate privacy.
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The right to
confidentiality of records.
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The right to
access, upon request, one’s own mental health care records.
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The right (in
residential or inpatient care) to converse with others privately and to have
access to the telephone and mails, unless denial of access is documented as
necessary for treatment.
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The right to be
informed promptly, in appropriate language and terms, of the rights described in
this section.
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The right to
assert grievances with respect to infringement of the Bill of Rights, including
the right to have such grievances considered in a fair, timely and impartial
procedure.
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The right of
access to protection, service and a qualified advocate in order to understand,
exercise and protects one’s rights.
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The right to
exercise the rights described in this section without reprisal, including
reprisal in the form of denial of any appropriate, available treatment. ¨ The right to referral as appropriate to other providers of mental health services upon discharge.
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Glossary of Mental Health Terms
Stamping Out Stigma |
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