Act to Protect Five Fundamental Rights

Chapter 166 of the Acts of 1997

On February 25, 1998, important amendments to the Massachusetts mental health laws took effect. The new law, commonly called the Act to Protect Five Fundamental Rights, guarantees certain fundamental rights to persons receiving services from programs or facilities operated by, licensed by, or contracted with the Department of Mental Health (DMH). All persons in public or private settings now have the following rights:

• The right to "reasonable access" to a telephone to make and receive confidential calls, unless making the call would be a criminal act or cause an unreasonable infringement of another's access to the telephone.*

• The right to send and receive "sealed, unopened, uncensored mail." If the person is present, staff may open and check mail for contraband, but may not read it.

• The right to receive visitors of your "own choosing daily and in private, at reasonable times." Visiting hours may be limited only to "protect the privacy of other persons and to avoid serious disruptions in the normal functioning of the facility or program and shall be sufficiently flexible as to accommodate individual needs and desires."*

• The right to a humane environment including living space which ensures "privacy and security in resting, sleeping, dressing, bathing and personal hygiene, reading and writing and in toileting."

• The right to access legal representation:

• The right to be visited (even outside normal visiting hours) by your attorney or legal advocate (as well as by your physician, psychologist, clergy person or social worker), regardless of who initiates the visit.

• The right of an attorney (or legal advocate) to access, with client consent: the person's record; clinical staff; and meetings regarding treatment or discharge planning which the person is entitled to attend.

• The right to "reasonable access by attorneys and legal advocates, [including those] of the Massachusetts Mental Health Protection and Advocacy Project [of the Center for Public Representation] and the Mental Health Legal Advisors Committee", so that they may "provide free legal services." Upon admission and upon request, facilities must provide the name, address and telephone numbers of the legal agencies and must assist persons in contacting them. These agencies may conduct unsolicited visits and distribute educational materials, at times the facility designates as "reasonable".

All programs must post a notice of these rights "in appropriate and conspicuous places". The notice must be provided upon request and must be in a language "understandable" to the person.

* These rights may not be revoked but may be temporarily suspended for persons in inpatient facilities if exercise would present a "substantial risk of serious harm to such person or others" and less restrictive alternatives have failed or are futile. Suspension may last only as long as is necessary to prevent harm.

If you have questions about this law, please contact the Mental Health Legal Advisors Committee's Intake Line at:

(617) 338-2345, ext. 20 or (800) 342-9092 , ext. 20.