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Rights of Recipients Summary in English DEPARTMENT OF BEHAVIORAL AND DEVELOPMENTAL SERVICES RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES This is a summary of your <strong>rights</strong> as a recipient of services under the Rights of Recipients of Mental Health Services. You have a right to obtain a full copy of the Rights from this agency or from the Department of Behavioral <strong>and</strong> Developmental Services, 40 State House Station, Augusta, Maine 04333, Tel: 287-4200 (V), 287-2000 (TTY). If you are deaf or do not underst<strong>and</strong> English, a qualified interpreter will be made available at no charge so that you can underst<strong>and</strong> your <strong>rights</strong> <strong>and</strong> underst<strong>and</strong> your treatment. 1. Basic <strong>rights</strong>. You have the same civil, <strong>human</strong>, <strong>and</strong> legal <strong>rights</strong> which all Maine residents have. You have a right to be treated with courtesy <strong>and</strong> full respect for your individuality <strong>and</strong> dignity. 2. Confidentiality <strong>and</strong> Access to Records. No one else can see your record unless you specifically authorize them to see it, except in instances described in the complete Rights <strong>book</strong>. You may add written comments to your record to clarify information you believe is inaccurate or incomplete. You have the right to review your record at any reasonable time. 3. Individualized Treatment or Service Plan. You have the right to an individualized plan, developed by you <strong>and</strong> your worker, based upon your needs <strong>and</strong> goals. The plan must be in writing <strong>and</strong> you have the right to a copy of it. The plan needs to specifically detail what everyone will do, the time frames in which the tasks <strong>and</strong> goals will be accomplished <strong>and</strong> how success will be determined. The plan must be based upon your actual needs <strong>and</strong>, if a needed service is not available, detail how your need will be met. 4. Informed Consent. No services or treatment can be provided to you against your will, unless you have a guardian <strong>who</strong> has consented, there is an emergency, or a special hearing about your treatment has occurred. You have the right to be informed (or if under guardianship, the guardian has the right to be informed) of the possible risks <strong>and</strong> anticipated benefits of all services <strong>and</strong> treatment, including medications, in a manner which you underst<strong>and</strong>. If you have any questions, you may ask your worker or anyone else you choose before making decisions about treatment or services. 5. Assistance in the Protection of Rights. You have the right to appoint a representative of your choice to help you underst<strong>and</strong> your <strong>rights</strong>, protect your <strong>rights</strong> or help you work out a treatment or service plan. If you wish a representative, you must designate this person in writing. You can have access to the representative at any time you wish <strong>and</strong> you can change or cancel the designation at any time. 6. Freedom From Seclusion <strong>and</strong> Restraint. You cannot be secluded or restrained in an outpatient setting. 7. Right to File a Grievance. You have the right to bring a grievance to challenge any possible violation of your <strong>rights</strong> or any questionable practices. You have the right to have your grievance answered in writing, with reasons for the decisions. You may appeal any decision to the Division of Mental Health. You may not be punished in any way for filing a grievance. For help with grievances, you may contact the Office of Advocacy, 60 State House Station, Augusta, Maine 04333, Tel: 287-4228 (V), 287-1798 (TTY) or Disability Rights Center, P.O. Box 2007, Augusta, Maine 04338-2007, Tel: 1-800-452-1948 (V/TTY). I have received a copy of the summary of the Rights of Recipients of Mental Health Services Date Client Signature Date Witness Signature (To view full notice of <strong>rights</strong> for recipients of mental health services of the State of Maine, please see the following website: http://www.state.me.us/bds/Licensing/RightsRecipients/Index.html) 172
Annex 8. Example: Forms for involuntary admission <strong>and</strong> treatment (combined approach) <strong>and</strong> appeal form, Victoria, Australia SCHEDULE 1 Regulation 5(1) FORM OF INVOLUNTARY ADMISSION REQUEST Mental Health Act 1986 (Section 9) Mental Health Regulations 1998 PART A REQUEST FOR ADMISSION OF A PERSON AS AN INVOLUNTARY PATIENT TO AN APPROVED MENTAL HEALTH SERVICE TO THE ADMITTING REGISTERED MEDICAL PRACTITIONER Please admit GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of person to be admitted of (ADDRESS OF PERSON TO BE ADMITTED) as an involuntary patient to an appropriate approved mental health service. PART B DETAILS OF PERSON MAKING THE REQUEST GIVEN NAME(S)/FAMILY NAME (BLOCK LETTERS) of person making the request of address of person making the request signed date 173
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WHO RESOURCE BOOK ON MENTAL HEALTH,
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All rights reserve
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Technical contribution and<
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Nacanieli Goneyali Maria Grazia Gia
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Leen Meulenbergs Harry I. Minas Alb
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Harvey Whiteford Ray G. Xerri XIE B
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5. Rights of users of mental health
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4.1.3 Sanction, promulgation <stron
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For whom is this R
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This chapter covers five main areas
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3.2 Violations of human</st
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3.5 Promoting access to mental heal
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health legislation
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The right to health, as embodied in
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trade, torture and
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The MI Principles have also served
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8.4 The Salamanca Statement <strong
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Chapter 2 Content of mental health
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persons with mental disorders. The
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Mental disability is not synonymous
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Mental Disability Mental Incapacity
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Definition of “mental ill health
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Example: Mental health in primary c
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Another means of promoting communit
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MI Principles: Access to informatio
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Legislation (or accompanying regula
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Rights of users of mental health se
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mentally ill offender. Countries ma
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7.3 Determining incapacity
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• The presence of a major mental
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The concept of “voluntary” prec
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The key issue for mental health <st
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“separate” process from admissi
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In some cases, certain families bel
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as an inpatient or outpatient. This
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Example: Successful appeal of an ad
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8.3.7 Involuntary treatment in comm
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Figure 1. Procedure for combined in
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Emergency situations: Key issues
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10.1 Major medical and</str
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MI Principles: Seclusion an
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The MI Principles and</stro
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Authorize or prohibit intrusive <st
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• confidentiality • independent
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14.2 Responding to calls for assist
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15. Legislative provisions relating
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For minor offences, the court could
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15.4 The post-sentencing (serving s
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16. Additional substantive provisio
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• Right to work and</stro
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In countries where women are detain
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Kenya The Mental Health Act (Act No
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Figure 2. Process of mental health
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) Qualitative information from focu
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When examining another country’s
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• The process of building a conse
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Consultation should be undertaken w
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Written submissions have the advant
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The group, body or individual(s) m<
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4.1.2 Debate of draft legis
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mental health facts and</st
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Example: The National Commission ta
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5.2.4 Developing information <stron
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Human resource iss
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Rosenthal E, Sundram C (2002). Inte
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Declaration of Hawaii (1983). Appro
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Bibliography Araya R et al. (2001).
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Introduction and h
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Page 142 and 143: C. Access to mental health care 1)
Page 144 and 145: 3) Does the legislation</st
Page 146 and 147: E. Rights of families or other care
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Page 166 and 167: 3) Does the law allow for people <s
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Page 172 and 173: AZ. Offences and p
Page 174 and 175: • Inter-American Convention on th
Page 176 and 177: Civil and Politica
Page 178 and 179: 5. A patient shall never be invited
Page 180 and 181: Principle 15 Admission principles 1
Page 182 and 183: Principle 20 Criminal offenders 1.
Page 184 and 185: Annex 5. Extract from the Declarati
Page 186 and 187: 5. Organ Transplantation: The role
Page 188 and 189: Restraint & Seclusion: If condition
Page 192 and 193: PART C TAKING PERSON TO APPROVED ME
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Page 196 and 197: Annex 9. Example: New Zeala
Page 198 and 199: Who can make an advance directive?
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