42 U.S.C. § 10841 : US Code - Section 10841: Restatement of bill of rights

Search 42 U.S.C. § 10841 : US Code - Section 10841: Restatement of bill of rights

It is the sense of the Congress that, as previously stated in
title V of the Mental Health Systems Act [42 U.S.C. 9501 et seq.],
each State should review and revise, if necessary, its laws to
ensure that mental health patients receive the protection and
services they require, and that in making such review and revision,
States should take into account the recommendations of the
President's Commission on Mental Health and the following:
(1) A person admitted to a program or facility for the purpose
of receiving mental health services should be accorded the
following:
(A) The right to appropriate treatment and related services
in a setting and under conditions that -
(i) are the most supportive of such person's personal
liberty; and
(ii) restrict such liberty only to the extent necessary
consistent with such person's treatment needs, applicable
requirements of law, and applicable judicial orders.
(B) The right to an individualized, written, treatment or
service plan (such plan to be developed promptly after
admission of such person), the right to treatment based on such
plan, the right to periodic review and reassessment of
treatment and related service needs, and the right to
appropriate revision of such plan, including any revision
necessary to provide a description of mental health services
that may be needed after such person is discharged from such
program or facility.
(C) The right to ongoing participation, in a manner
appropriate to such person's capabilities, in the planning of
mental health services to be provided such person (including
the right to participate in the development and periodic
revision of the plan described in subparagraph (B)), and, in
connection with such participation, the right to be provided
with a reasonable explanation, in terms and language
appropriate to such person's condition and ability to
understand, of -
(i) such person's general mental condition and, if such
program or facility has provided a physical examination, such
person's general physical condition;
(ii) the objectives of treatment;
(iii) the nature and significant possible adverse effects
of recommended treatments;
(iv) the reasons why a particular treatment is considered
appropriate;
(v) the reasons why access to certain visitors may not be
appropriate; and
(vi) any appropriate and available alternative treatments,
services, and types of providers of mental health services.
(D) The right not to receive a mode or course of treatment,
established pursuant to the treatment plan, in the absence of
such person's informed, voluntary, written consent to such mode
or course of treatment, except treatment -
(i) during an emergency situation if such treatment is
pursuant to or documented contemporaneously by the written
order of a responsible mental health professional; or
(ii) as permitted under applicable law in the case of a
person committed by a court to a treatment program or
facility.
(E) The right not to participate in experimentation in the
absence of such person's informed, voluntary, written consent,
the right to appropriate protections in connection with such
participation, including the right to a reasonable explanation
of the procedure to be followed, the benefits to be expected,
the relative advantages of alternative treatments, and the
potential discomforts and risks, and the right and opportunity
to revoke such consent.
(F) The right to freedom from restraint or seclusion, other
than as a mode or course of treatment or restraint or seclusion
during an emergency situation if such restraint or seclusion is
pursuant to or documented contemporaneously by the written
order of a responsible mental health professional.
(G) The right to a humane treatment environment that affords
reasonable protection from harm and appropriate privacy to such
person with regard to personal needs.
(H) The right to confidentiality of such person's records.
(I) The right to access, upon request, to such person's
mental health care records, except such person may be refused
access to -
(i) information in such records provided by a third party
under assurance that such information shall remain
confidential; and
(ii) specific material in such records if the health
professional responsible for the mental health services
concerned has made a determination in writing that such
access would be detrimental to such person's health, except
that such material may be made available to a similarly
licensed health professional selected by such person and such
health professional may, in the exercise of professional
judgment, provide such person with access to any or all parts
of such material or otherwise disclose the information
contained in such material to such person.
(J) The right, in the case of a person admitted on a
residential or inpatient care basis, to converse with others
privately, to have convenient and reasonable access to the
telephone and mails, and to see visitors during regularly
scheduled hours, except that, if a mental health professional
treating such person determines that denial of access to a
particular visitor is necessary for treatment purposes, such
mental health professional may, for a specific, limited, and
reasonable period of time, deny such access if such mental
health professional has ordered such denial in writing and such
order has been incorporated in the treatment plan for such
person. An order denying such access should include the reasons
for such denial.
(K) The right to be informed promptly at the time of
admission and periodically thereafter, in language and terms
appropriate to such person's condition and ability to
understand, of the rights described in this section.
(L) The right to assert grievances with respect to
infringement of the rights described in this section, including
the right to have such grievances considered in a fair, timely,
and impartial grievance procedure provided for or by the
program or facility.
(M) Notwithstanding subparagraph (J), the right of access to
(including the opportunities and facilities for private
communication with) any available -
(i) rights protection service within the program or
facility;
(ii) rights protection service within the State mental
health system designed to be available to such person;
(iii) system established under subchapter I of this chapter
to protect and advocate the rights of individuals with mental
illness; and
(iv) qualified advocate;
for the purpose of receiving assistance to understand,
exercise, and protect the rights described in this section and
in other provisions of law.
(N) The right to exercise the rights described in this
section without reprisal, including reprisal in the form of
denial of any appropriate, available treatment.
(O) The right to referral as appropriate to other providers
of mental health services upon discharge.
(2)(A) The rights described in this section should be in
addition to and not in derogation of any other statutory or
constitutional rights.
(B) The rights to confidentiality of and access to records as
provided in subparagraphs (H) and (I) of paragraph (1) should
remain applicable to records pertaining to a person after such
person's discharge from a program or facility.
(3)(A) No otherwise eligible person should be denied admission
to a program or facility for mental health services as a reprisal
for the exercise of the rights described in this section.
(B) Nothing in this section should -
(i) obligate an individual mental health or health
professional to administer treatment contrary to such
professional's clinical judgment;
(ii) prevent any program or facility from discharging any
person for whom the provision of appropriate treatment,
consistent with the clinical judgment of the mental health
professional primarily responsible for such person's treatment,
is or has become impossible as a result of such person's
refusal to consent to such treatment;
(iii) require a program or facility to admit any person who,
while admitted on prior occasions to such program or facility,
has repeatedly frustrated the purposes of such admissions by
withholding consent to proposed treatment; or
(iv) obligate a program or facility to provide treatment
services to any person who is admitted to such program or
facility solely for diagnostic or evaluative purposes.
(C) In order to assist a person admitted to a program or
facility in the exercise or protection of such person's rights,
such person's attorney or legal representatives should have
reasonable access to -
(i) such person;
(ii) the areas of the program or facility where such person
has received treatment, resided, or had access; and
(iii) pursuant to the written authorization of such person,
the records and information pertaining to such person's
diagnosis, treatment, and related services described in
paragraph (1)(I).
(D) Each program and facility should post a notice listing and
describing, in language and terms appropriate to the ability of
the persons to whom such notice is addressed to understand, the
rights described in this section of all persons admitted to such
program or facility. Each such notice should conform to the
format and content for such notices, and should be posted in all
appropriate locations.
(4)(A) In the case of a person adjudicated by a court of
competent jurisdiction as being incompetent to exercise the right
to consent to treatment or experimentation described in
subparagraph (D) or (E) of paragraph (1), or the right to
confidentiality of or access to records described in subparagraph
(H) or (I) of such paragraph, or to provide authorization as
described in paragraph (3)(C)(iii), such right may be exercised
or such authorization may be provided by the individual appointed
by such court as such person's guardian or representative for the
purpose of exercising such right or such authorization.
(B) In the case of a person who lacks capacity to exercise the
right to consent to treatment or experimentation under
subparagraph (D) or (E) of paragraph (1), or the right to
confidentiality of or access to records described in subparagraph
(H) or (I) of such paragraph, or to provide authorization as
described in paragraph (3)(C)(iii), because such person has not
attained an age considered sufficiently advanced under State law
to permit the exercise of such right or such authorization to be
legally binding, such right may be exercised or such
authorization may be provided on behalf of such person by a
parent or legal guardian of such person.
(C) Notwithstanding subparagraphs (A) and (B), in the case of a
person admitted to a program or facility for the purpose of
receiving mental health services, no individual employed by or
receiving any remuneration from such program or facility should
act as such person's guardian or representative.