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MENTAL HEALTH LAW GUIDE

TABLE OF CONTENTS


I. Your Rights Regarding Hospitalization and Discharge

Emergency Section 12 Admissions: "The Pink Paper"

Voluntary Admissions

Conditional Voluntary Admissions

Civil Commitment ("7" & "8")

Discharge Under Civil Commitment


II.Hospitalization In Connection With A Criminal Case

Sec. 15(b)

Sec. 15(e)

Sec. 16(a)

Sec. 16(e)

Sec. 18


III. Basic Rights At Inpatient Mental Health Facilities

Your Rights

What To Do If These Rights Are Denied

IV. Rights Regarding Hospital Privileges

What is a Privilege?

What is the Standard for Privileges

Who Decides the Privilege Level?

How is the Privilege Level Determined?

How Does the Privilege Level Change

May Staff Make Changes to a Patient's Privilege Level?

Why Would Staff Seek a Special Clinical Review?

What If the Patient Is Hospitalized as a Result of a Criminal Charge?

How May a Patient Request a Change in Privilege Level?


V. The Rights Of Adults To Move Freely On A Hospital Ward

Room Plan

Quiet Room

Seclusion

Other Restrictions of Movement on a Ward


VI. Your Rights Regarding Medication

Informed Consent

Exceptions to Informed Consent

Health Care Proxy

What To Do If You Have Been Illegally Medicated


VII. Your Rights Regarding Program Specific Treatment Plans

Facilities and Programs Operated by, Licensed By, or Contracted with DMH

Facilities and Programs Operated by or Receiving Funding from DMH


VIII. Your Rights In Hospitals Regarding Restraint And Seclusion

What is Restraint?

When May Restraint Be Used?

Who May Order Restraint?

How Long May Restraint Continue?

What Further Protections Exist for Restrained Patients?

What Are the Observational Requirements for Restraint?

What Documentation is Necessary for Restraint?

What Should You Do If You Believe You Have Been Illegally Restrained?


IX. The DMH Complaint Process

Who May File A DMH Complaint?

About What Types Of Events May One Complain?

What Happens After Submitting A DMH Complaint?

What Does The Investigation Do?

Who Will Issue A Decision Letter?

Is There A Right To Reconsideration?

Is There A Right To An Appeal?

Is There A Further Appeal?


X. Your Rights Regarding Access To Mental Health Records

Laws Governing the Release of Records

Requesting a Record and Challenging the Denial of a Request

Fees for Copying

Amending the Record


XI. Your Rights Under The Community Residence Tenancy (CRT) Law

What Does the CRT Law Do?

Who Has a Right to the Existing Summary Process?

Who Has a Right to the New Administrative


XII. Representative Payees

What Is a Representative Payee?

When Is a Representative Payee Appointed?

How Is a Representative Payee Selected?

What Are the Duties of a Representative Payee?

Recipients Who Are in Institutions

How Does One Object to the Appointment of a Representative Payee?

How Does One Remove a Representative Payee?

For More Information About Social Security and Representative Payees