Laws, Rights, and Responsibility
submitted by Twopoles
The purpose of this article is to increase awareness about mental-health law.
It is targeted to bipolarworld's new visitors, as well as, regular visitors. The
spectrum of this issue is enormous as different states and countries all have
different laws governing mental health. My intent is to encourage at least a few
readers to "surf the web" for laws and rights which pertain to them or their
Mental illness encompasses various emotions of nearly all ages. There is no
preference to race or gender. Its onset ranges from pediatric to geriatric.
Local, regional, and federal laws have been enacted to protect the rights of
individuals and family members. While there are similarities, there are
substantial variations depending on the person's residency.
Major advocacy groups vigorously lobby legislators to protect and amend your
legal rights. They also track appropriations and voting records of key
government officials. Adequate treatments may hinge upon an advocate's effort
Cases of involuntary committal are usually accompanied by strong emotions of the
person committed and the person responsible for the committing. It is to
everyone’s advantage to contact an attorney. These episodes are confusing and
sometimes it's advisable to designate an emotionally-calm person to act as a
liaison concerning the patient's/resident's legal rights.
As "food-for-thought" listed below are ten common issues which should be
addressed upon admission to a mental health facility
| Can the patient refuse medication?|
1. Voluntary admission
2. Voluntary admission with advance directive
3. Involuntary admission
|When can the patient leave?|
|Can the patient hire an attorney if held against their will?|
|Can the patient refuse certain visitors?|
|Can the patient have access to a phone?|
|Can the patient conduct legal business from the facility?|
| What medicines will be administered?|
|What are the side effects of the medicine?|
|Can the patient refuse treatment?|
| What is the policy on physical restraint or isolation?|
| What if there are no means to pay the bill? |
At times it is necessary to be your own advocate and stay abreast of legal
issues in health care. Rights and responsibilities can, and do, fall through the
cracks during mental-health episodes. You need to be able to distinguish between
normal treatment and infringement of your rights. The "best bet" is to contact a
lawyer or a competent paralegal who can explain the laws in layman's terms;
furthermore, contacting a national advocacy group may work to your advantage.
These groups can provide information concerning current laws and pending
legislation for mental illness.
Our vigilance of mental-health law is of utmost importance for anyone afflicted
or significantly involved with any type of mental illness. It is the foundation
for successful treatment and may also be the basis of legal action for
substandard medical treatment. Please utilize the links provided to access a
small sample of possibly pertinent information about your mental health rights.