WHAT RIGHTS DO YOU HAVE WHILE A PATIENT AT A MENTAL HEALTH FACILITY?

While patients at inpatient mental health facilities do not have all the same rights that people have in the community, certain basic rights are protected. We will discuss SOME of the rights protected by the Massachusetts statute commonly called G.L. c. 123 s. 23 below.

FIRST, you have the right reasonable access to a telephone to make and receive confidential telephone calls. If you have trouble making your telephone calls, you can ask for and have a reasonable expectation to assistance when desired and necessary to implement such right.

SECOND, you have the right to “send and receive sealed, unopened, uncensored mail; provided, however, that the superintendent or director or designee of an inpatient facility may direct, for good cause and with documentation of specific facts in such person's record, that a particular person's mail be opened and inspected in front of such person, without it being read by staff, for the sole purpose of preventing the transmission of contraband.”

THIRD, you have the right to have access to reasonable quantities of writing materials and postage stamps. If you ask for reasonable assistance the staff at the facility shall provide it to you in the form of writing, addressing and posting letters and other documents upon request.

FOURTH, you have the right to have visitors daily, and in private, at reasonable times.

** The facility may limit visitors due to the pandemic and other safety concerns.

FIFTH, you have the right to a humane psychological and physical environment.

**“Each such person shall be provided living quarters and accommodations which afford privacy and security in resting, sleeping, dressing, bathing and personal hygiene, reading and writing and in toileting. Nothing in this section shall be construed to require individual sleeping quarters.”

SIXTH, you have the right to reasonable daily access to the outdoors, as weather conditions reasonably permit, at inpatient facilities in a manner consistent with the person's clinical condition and safety as determined by the treating clinician and with the ability of the facility to safely provide access.

The First, Third and Sixth items listed above MAY BE temporarily suspended, by specific designated people at the facility, if the patient’s exercise of such right would present a substantial risk of serious harm to such person or others and that less restrictive alternatives have either been tried and failed or would be futile to attempt. The suspension shall last no longer than the time necessary to prevent the harm and its imposition shall be documented with specific facts in such patient's record.

Otherwise, the facility should not deny a person these rights because they are exercising a protected choice, such as refusing medication. Additionally, a facility should not deny these rights as a form of punishment.

Have questions or concerns about mental health litigation? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

5 THINGS TO REMEMBER IF YOU ARE EVER “PINK -SLIPPED” OR INVOLUNTARILY ADMITTED

If you are “Pink-Slipped” or Involuntarily Admitted to a facility a lot of things are happening and you need to remember you are still owed some rights.

Here are five things to remember …

FIRST

If the application for your Involuntary Hospitalization is not made by a “designated physician”, the facility MUST conduct a psychiatric examination within TWO HOURS of your arrival at the facility.

*If the designated physician is involved in an emergency this two-hour time line can be extended.

SECOND

This designated physician can only admit you if they find:

a.       Failure to hospitalize you would create a

b.       “likelihood of serious harm” and

c.       That you have a mental illness

THIRD

Upon your admission to the facility, you have the following rights:

a.       Informed of your rights while in the facility;

b.       Informed that the facility can only keep for 3 BUSINESS days maximum, unless they file a petition before the 3 BUSINESS expire to commit you;

c.       A psychiatric and physical examination within 24 hours of your arrival; and

d.       Right to counsel – as soon as you request an attorney the facility needs to notify the appropriate state agency.

FOURTH

You also have the Right to convert your status to a conditional voluntary at any time if you meet the criteria.

By signing this form, the facility considers you to have capacity to make the decision to admit yourself to the facility as a voluntary patient. If you sign this form, you do not have the right to leave the facility whenever you want. As a conditional voluntary patient, you remain on this status, until the hospital decides to discharge you, you ask to leave by filing a "three-day notice," or the hospital decides to pursue commitment.

FIFTH

You also have the Right to an emergency hearing if the facility has abused or misused their authority.  This hearing is mandatory unless the request is “patently frivolous” on its face. You have the right to be present at this hearing and to be heard.

Have questions or concerns about mental health litigation? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549