
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10841]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 114--PROTECTION AND ADVOCACY FOR MENTALLY ILL INDIVIDUALS
 
 SUBCHAPTER II--RESTATEMENT OF BILL OF RIGHTS FOR MENTAL HEALTH PATIENTS
 
Sec. 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.

(Pub. L. 99-319, title II, Sec. 201, May 23, 1986, 100 Stat. 485; Pub. 
L. 102-173, Sec. 10(2), Nov. 27, 1991, 105 Stat. 1219.)

                       References in Text

    The Mental Health Systems Act, referred to in introductory text, is 
Pub. L. 96-398, Oct. 7, 1980, 94 Stat. 1564, as amended. Title V of the 
Mental Health Systems Act is classified generally to subchapter IV 
(Sec. 9501 et seq.) of chapter 102 of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 9401 of this title and Tables.


                               Amendments

    1991--Par. (1)(M)(iii). Pub. L. 102-173 substituted ``individuals 
with mental illness'' for ``mentally ill individuals''.
