Your Mental Health Rights: How They Protect and Support Your Recovery
Your Rights to Treatment

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Your Mental Health Rights: How They Protect and Support Your Recovery
Your Rights to Treatment

You have a right to treatment. This right says that, if you want it, you should get services that support and help you and your recovery. This right asks other people to help you get help if you want it. You can say no to treatment at any time.

Your Right to Get Medical Care and Treatment When You Need It

It is your right to get medical care and treatment when you need it. This right can support your recovery because medical care and treatment can help your body and mind feel better.

Use your rights. If you feel you need medical care and treatment:

• tell someone, and ask for help to get medical care and treatment;
• if that person doesn't believe you or help you, tell someone else; and
• keep telling people and asking for help, until you get what you need.

Other people should help you use your rights. Your doctor, nurse, case manager, and other people should:

• pay attention to see if you need medical attention or treatment;
• listen to you and help you get medical care and treatment when you are asking for it;
• give you any special help you need to talk to the doctor about how you are feeling; and
• special help can be people like a sign language interpreter, or someone who speaks your language.

Your Right to be a Part of Any Decision and Discussion About Whether or Not You Take Medicine or Get Treatment

It is your right to be a part of any decision and discussion about whether or not you take medicine or get treatment. This right can support your recovery because:

• you know yourself best, and have the most things to say about you, and what you need;
• you can say what treatment you think is right for you; and
• because you should be able to hear what other people say about you and what treatment they think is right for you.

Use your rights:

• ask questions about taking medicine or getting treatment;
• ask how the medicine or treatment can help you;
• ask if the medicine or treatment can hurt you (ask if it has "side effects" that could make you feel bad or sick);
• if you want to take medicine or get treatment, say so;
• if do not want to take medicine or get treatment, don't be afraid to say that you do not want to take medicine or get treatment; and
• if you feel that no one is listening to what you say, tell someone, and complain.

Other people should help you use your rights. Your doctor, counselor, nurse and other people:

• must talk with you about medicine or treatment, and explain how it may help you;
• must tell you if medicine or treatment could hurt you (if it has "side effects" that make you feel bad);
• must answer any questions you have about medicine or treatment;
• must ask you if you want to take medicine or get treatment;
• should pay attention to what you say;
• should not make you feel bad about saying what you want; and
• should not punish you for saying what you want.

Your Right to Get Treatment in the Least Restrictive Setting that Meets Your Needs

It is your right to get treatment in the least restrictive setting that meets your needs. (This means that you must get treatment in a place that gives you the most freedom and lets you be around all kinds of different people.) This right can support your recovery because:

• being around many different kinds of people can help you feel more like a part of your community; and
• getting treatment in a place that gives you freedom also gives you choices for how you want to live your life.

Use your rights. Ask questions about other places where you could get treatment. If you feel that the place where you are getting treatment does not let you be around enough people who do not have disabilities, tell someone, and complain.

Other people should help you use your rights. Anyone who helps decide about your treatment should talk with you about what is the least restrictive place for you to get treatment.

Your Right To Say That You Don't Want a Service That Someone Offers You, Without Losing the Service You Want

It is your right to say that you don't want a service that someone offers you, without losing the service you want. This right can support your recovery because:

• having a choice about the services you want can help you be in charge of what happens to you; and
• being able to say no to something can help you decide what is right for you.

Use your rights. If someone offers you a service and you don't want it:

• do not be afraid to say no, you don't want it;
• do not be afraid to ask for another service; and
• tell someone and complain, if you can't get the service that you want because you said no.

Other people should help you use your rights. If you say you don't want a service, other people should:

• let you know that it's OK to say no;
• not say that you can't have some other services;
• not take services away from you; and
• not make you feel bad about saying no.

Your Right To be Told Why a Hospital or Other Agency Will Not Give You Services

It is your right to be told why a hospital or other agency will not give you services. This right can support your recovery because:

• knowing why can help you decide what to do next; and
• knowing why can help you know if your rights are being taken away.

Use your rights. Ask why you can't get services, and if no one will tell you why ask someone to help you find out why and complain or tell someone.

Other people should help you use your rights. The people at the hospital or agency:

• should tell you why they won't give you services;
• should not make you feel bad about asking why you can't get services;
• must tell you who you can talk to if you want to complain about not getting services; and
• should try to talk with you about where else you may be able to get services.

Your Right To Get Services Without Being Discriminated Against

It is your right to get services without being discriminated against. This means that no one can say that you can't get services because of:

• your disability;
• your race;
• your age;
• your color your sex;
• your religion;
• your national origin (the country where you were born);
• if you can or can't pay for services; and
• some rules protect you from being treated unfairly because of your sexual orientation or lifestyle, too.

This right can support your recovery because getting services can help you recover from mental illness.

Use your rights:

• if someone says you cannot get services, ask why;
• if you don't want to, don't answer any questions about the things in the list at the top of this page (even if someone asks you);
• you don't have to answer when you are trying to get services (for example, if you are filling out an application for services, or answering a doctor's questions); and
• you don't have to answer when you are getting services.

Tell someone, and complain, if you believe that someone is not letting you get services because of discrimination.

Other people should help you use your rights. Other people must not say that you cannot get services because of any of the things on the list at the top of this page. Other people are not allowed to refuse to give you services just because of any of the things on the list at the top of this page.

Your Right to Know How Much Services Will Cost You

It is your right to know how much services will cost you. This right can support your recovery because knowing the cost can help you decide what service you want.

Use your rights. Ask how much a service will cost you.

Other people should help you use your rights. Other people should talk with you about how much a service is going to cost you.

Your Right To Be At Any Treatment Meeting That is About You

It is your right to be at any treatment meeting that is about you. This right can support your recovery because:

• you know yourself best, and have the most things to say about you, and about what you need;
• you can say what treatment you think is right for you;
• because you should be able to hear what other people say about you, and about what treatment they think is right for you; and
• you should be able to talk to people on your treatment team openly and freely.

Use your rights:

• tell other people that you want to be at your treatment meeting;
• ask when your treatment meeting is; and
• ask where it is.

Other people should help you use your rights. Staff and other people who give you services:

• must talk with you ahead of time about when and where your treatment meeting will be;
• should have your treatment meeting at a place that is easy for you to get to; and
• should have your treatment meeting at a time that is good for you.

Your Right To be a Part of Making and Changing Your Treatment Plan

It is your right to be a part of making and changing your treatment plan. This right can support your recovery because:

• you know yourself best, and have the most things to say about what can help you recover from mental illness;
• you can say what treatment you think is right for you;
• if you know you helped make your treatment plan, you may believe in it more; and
• you can help yourself get what you need.

Use your rights:

• talk about what you think you need to help you recover;
• don't be afraid to talk about how you feel, even if it is embarrassing;
• before deciding what you want for your treatment plan:
• ask questions about your diagnosis and about mental illness;
• ask questions about different kinds of treatments;
• ask questions about services in the community; and
• if you need something to help you talk at your meeting or understand what is going on, ask for it (things like an interpreter, or extra time to talk).
• don't be afraid to speak up and say what you think is right for you;
• ask for what you want, and say no to what you don't want;
• don't be afraid to speak up if you have tried a treatment or medication but you decide it's not right for you, and you want to change it or stop it; and
• tell someone, and complain, if you feel that someone is not letting you be a part of making your treatment plan.

Other people should help you use your rights. Your doctor, counselor, nurse and other people must try to help you be a part of making your treatment plan:

• by talking with you, and not just talking about you;
• by asking you what you want;
• by answering any questions you have; and
• by making sure you have what you need to talk at your meeting and understand what is happening (things like an interpreter, or extra time to talk).

No one should make you feel bad that you want to be a part of making your treatment plan, or about asking questions.

Your Right To Have Someone With You at Your Treatment Meeting if You Want

It is your right to have someone with you at your treatment meeting if you want. You can decide which person you want. This right can support your recovery because:

• having someone there can help you feel like you have someone on your side, and that you are not alone;
• having someone there might help you feel more comfortable and more in control;
• sometimes another person can speak up for you if you are having a hard time speaking up for yourself; and
• sometimes the person can help you understand what other people are saying at the meeting, or what other people are suggesting for you.

Use your rights:

• take someone to your meeting with you if you want;
• it can be a friend, or an advocate;
• it can be someone who can help you understand what is going on;
• it can be someone who you want to talk for you; and
• if you decide to take someone to your meeting with you, choose a person who you know will be on your side and help you say what you want.

Other people should help you use your rights. Hospital staff or other people like your case manager should help you if you want to bring someone to your treatment meeting. They can help by:

• making the time of the meeting a time that is good for you and the person you want to bring;
• helping you tell the other person when and where the meeting will be;
• helping the other person be part of the meeting by telephone, if the other person can't come to the meeting in person; and
• other people should not make you feel bad if you bring someone to your treatment team meeting — no matter who you decide to bring.

Your Right To Ask for Another Doctor's Opinion Without Being Punished

It is your right to ask for another doctor's opinion without being punished. You may have to pay for the other doctor on your own. This right can support your recovery because:

• hearing the opinion of more than one doctor can give you more information and help you decide what is right for you;
• being able to talk to a second doctor can give you a second chance to say how you feel; and
• sometimes other people listen more carefully when there are two opinions.

Use your rights. Ask for another doctor's opinion, especially if you are not comfortable with what the first doctor says about you, or what the first doctor says your treatment or medication should be.

Other people should help you use your rights. People like the doctor, nurses, family members, or other people (like people on your treatment team) should help you get another doctor's opinion if that's what you want. If you ask for another doctor's opinion, other people:

• should not make you feel bad about asking;
• must not punish you;
• must not take services, things or privileges away from you; and
• must not threaten you.

Your Right To Say You Do Not Want to Take Medicine

It is your right to say you do not want to take medicine. Your wish must be followed unless you are in the hospital, and the hospital asks the court for permission to force you to take medication. If the court gives the hospital an order, the hospital can then force you to take medication. This right can support your recovery because:

• you get to say what goes into your body; and
• you know your body best, and saying yes or no to medicine tells other people about your wishes.

Use your rights:

• say no to medicine if you do not want to take it;
• if you don't like a certain medicine, ask if there is another one you can take;
• ask if you can get other things or treatment instead of medicine;
• complain, and tell someone, if you are taking medicine that you don't want; and
• complain, and tell someone, if other people are making you take medicine that you don't want.

Other people should help you use your rights. Other people:

• must tell you that you can say no to medicine;
• should give you choices of other things to help you feel better, besides medicine;
• should not make you feel bad about saying no to medicine;
• must not punish you if you say no;
• must not force you to take medicine without a court order; and
• must not punish or threaten you if you complain or tell someone if you are being forced to take medicine that you don't want.

It Is Your Right To Know All the Things That a Medicine Can Do to You

It is your right to know all the things that a medicine can do to you. (You should be told about the benefits of taking a medicine and also, about the risks of taking a medicine, including side effects.) This right can support your recovery because:

• knowing the benefits and risks can help you decide if you want to take the medicine or not; and
• if you know the side effects of taking a medicine, you can tell your doctor or other people if you have them.

Use your rights:

• ask what the benefits, risks and side effects of medicines are;
• make your own decision about whether to take a medicine or not;
• tell your doctor, a nurse, or someone who cares about you if you feel any side effects from medicine you are taking; and
• don't be afraid or embarrassed to talk about any side effects you are feeling (for example, like feelings of panic, or weight gain, or changes in your sexual feelings).

Other people should help you use your rights. Other people (especially your doctor or nurse):

• must talk with you the benefits, risks and side effects of medicines;
• should ask you how you feel when you take a medicine (for example, can ask you: "Do you feel any side effects?";
• should listen carefully to you when you are talking about how a medicine makes you feel; and
• should not make you feel bad about asking anything about medicine.

Your Right Not to Take Medicine That You Don't Need or Don't Want

It is your right not to take medicine that you don't need or don't want. Not to take too much medicine. You should not have to take medicine just because it will make the staff's job easier, or because someone wants to punish you. This right can support your recovery because:

• taking medicine that you don't need or want can hurt you, and make it harder for you to recover; and
• taking too much medicine can hurt you, and make it harder for you to recover.

Use your rights:

• say no to medicine that you do not need;
• say no to medicine that you do not want;
• say no to medicine that is too much; and
• complain, and tell someone:
• if any person is making you take medicine that you do not need;
• if any person is making you take medicine that you do not want (except if you are in the hospital and you are about to hurt yourself or someone else);
• if any person is making you take too much medicine;
• if any person is giving you medicine to punish you;
• if any person is giving you medicine just to make his or her job easier;
• if the medicine you are taking is getting in the way of your recovery; and
• if you are just getting medicine instead of a treatment program.

Other people should help you use your rights. Unless they have a court order, or in an emergency, other people (especially doctors, nurses or staff people) are not allowed to give you medicine that you do not want. Other people (especially doctors, nurses or staff people):

• are not allowed to give you medicine that you do not need;
• are not allowed to give you too much medicine;
• are not allowed to give you medicine because it will make that person's job easier; and
• are not allowed to give you medicine to punish you.

Your Right Not to be Restrained, Unless it is an Emergency

It is your right not to be restrained, unless it is an emergency. (You can only be restrained if you are dangerous to yourself or someone else, right here and right now, and everything else has been tried to keep you from hurting yourself and/or other people.) This right can support your recovery because being free to move around on your own gives you control, and can make it easier for you to recover.

Use your rights:

• complain, and tell someone if you are restrained; and
• know that someone is restraining you if that person is:
• holding you down;
• tying you down;
• sitting or lying down on you;
• putting you in a restraint vest or straight-jacket;
• putting you in handcuffs or other kinds of restraints; and
• doing anything else that keeps you from moving on your own.

Other people should help you use your rights. Staff must not restrain you unless you are dangerous to yourself or someone else, right here and right now, and everything else has been tried to keep you or other people safe. No one is allowed to punish you if you complain or tell someone about being restrained.

Your Right Not to be Secluded, Unless it is an Emergency

It is your right not to be secluded, unless it is an emergency. This means you should not be put in a locked room, all by yourself — where you can't get out. You can only be isolated or secluded if you are dangerous to yourself or someone else, right here and right now, and everything else has been tried to keep you from hurting yourself and other people. This right can support your recovery because being free to be where you want to be, and to be around other people when you want, gives you control, and can make it easier for you to recover.

Use your rights. Complain, and tell someone if you are isolated or secluded.

Other people should help you use your rights. Other people must not seclude you unless you are dangerous to yourself or someone else, right here and right now, and everything else has been tried to keep you or other people safe. No one is allowed to punish you if you complain or tell someone about being isolated or secluded.

Your Right To Advance Directives for Medical and Mental Health Care

It is your right to decide ahead of time, by writing your decision in a special paper called an "Advance Directive," what medical care and mental health care you want. The paper must be used if there comes a time when doctors decide you are not able to make your own decisions about your medical and/or mental health care. This right can support your recovery because:

• being able to decide ahead of time can help you feel like you have control over your life and health;
• being able to decide ahead of time can help you get medical care and treatment which respects your feelings and your personal beliefs; and
• being able to decide ahead of time can help you die the way you want, and with dignity.

Use your rights. Find out about "Advance Directives":

• these are special papers that you write;
• these special papers tell other people ahead of time what medical care and/or mental health care you want;
• these special papers are used only when you are unable to make your own decisions about medical and/or mental health care;
• know that you may have to choose a person whose name you put in the Advance Directive;
• that person must follow what you have said you want in your Advance Directive;
• if it is right for you, write your decisions about your medical and/or mental health care in an "Advance Directive," and give it to your doctor, nurse, family members or to another important person in your life;
• if you need help writing about your decisions in an "Advance Directive," ask for help; and
• you do not have to write an Advance Directive — it is totally up to you.

Other people should help you use your rights. Other people:

• should talk with you about "Advance Directives";
• should help you (if you ask for help) to get "Advance Directive" special papers, so you can write your decisions; and
• must not force you to make an Advance Directive.

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