Your Mental Health Rights: How They Protect and Support Your Recovery
When You Don't Want to Take Medication in the Hospital

You Have the Right to Get Information About Medication – Information Can Help You Decide, in an Informed Way, If You Want to Take Medication

It is your right to be a part of any decision about whether or not you take medicine or get treatment. So that you can make the decision that is right for you, hospital staff has to give you information about these things:

• any medication the doctor or hospital wants you to take; and
• other treatments that you could get instead of medication.

If You Are in the Hospital as a "Voluntary" Patient

You have the right to say yes or no to taking medication. But, if you are an "immediate and substantial danger to yourself or others" then the hospital staff may give you emergency medication, even if you say you don't want it.

A "voluntary" patient is someone who goes to the hospital because he or she wants to. Usually, a person who is a "voluntary" patient believes that being in a psychiatric hospital will help him or her. Any adult who is 18 years old or older can ask to be in a hospital as a "voluntary" patient.

"Immediate or substantial danger to yourself or others" means that you are dangerous to yourself or to other people right here and right now, and everything else has been tried to keep you from hurting yourself or other people.

If You Are in the Hospital as an "Involuntary" Patient

You still have the right to say yes or no to taking medication. But, if you are an "immediate and substantial danger to yourself or others" the hospital staff may give you emergency medication, even if you say you don't want it. If the hospital staff thinks you should take medication in non-emergency situations and you refuse to take the medication, the hospital staff can ask a court to override your decision (which means you could forced to take the medication). But these things have to happen first:

• First, the hospital must prove that you do not have the "capacity" or ability to make a decision about taking medication.
• Second, if the hospital staff decide that you do not have "capacity," the hospital must get an order from a court before you can be forced to take medication. The court will have a "hearing" to decide if you have the "capacity" or ability to make a decision about taking medication. You have the right to have a lawyer on your side at this hearing. You also have the right to have an independent evaluation of your ability to make decisions about taking medication.

An "involuntary" patient is someone who is forced to go to the hospital against his or her will.

If You Feel Your Rights Are Being Violated

• If you feel that your right to accept or refuse medication is being violated, you should contact the hospital client rights officer and ask to file a complaint or "grievance."
• You may also want to talk to the doctor that is treating you and tell that doctor about your concerns.
• If the hospital takes you to court, you should work with your lawyer.

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