psychiatry mental health / psyche survivors

Disclosure of Your Rights / A copy of your rights shall be prominently posted in each ward were mental health services are provided (see CGS 17a-548)

Humane & Dignified Treatment / You have the right to receive humane and dignified treatment at all times and with full respect to your personal dignity and privacy. A specialized treatment plan shall be developed in accordance with your needs. Any treatment plan shall include, but not be limited to, reasonable notice of discharge, your active participation in and planning for appropriate aftercare. (see CGS 17a-542)

Privacy & Confidentiality / You have the right to privacy & confidentiality. Records that would identify your person, manner of treatment or your diagnosis cannot be given to any other person or agency without your written consent. All records maintained by the courts [as they relate to a recipient's treatment] shall be sealed and available only to respondent or counsel.* No person, hospital, treatment facility nor DMHAS may disclose or permit the disclosure of the identity, diagnosis, prognosis or treatment of any service recipient that would constitute a violation of state or federal statutes concerning confidentiality.* (See CGS-17a-500, 17a-688, 52-146f, and 42 CFR part 2)

Visiting & Communication / You have the right to visit with and may have private conversations with clergy, attorneys or paralegals of your choice at any reasonable hour. You may receive other visitors during scheduled visiting hours. Facilities may reasonably maintain rules regulating visitors. Mail or other communication to ro from a service recipient in any treatment facility may not be intercepted, read or censored*. Any exceptions to rights regarding communications must be explained in writing, signed by the head of the facility (or designee) and made a part of the clinical record. (See CGS 17a-546, 17a-688)

Access to Your Medical Record / You or your attorney may have the right, upon written request, to inspect your hospital records. Unless your request is made in connection with litigation, a facility may refuse to disclose any protion of the record which the facility has determined would create a substantial risk that you would inflict a life threatening injury to self or others, experience a severe deterioration in mental state,* or would constitute an invasion of privacy of another. (See CGS 17a-548, 52-146f)

Restraint & Seclusion / If conditions are such that you are restrained or placed in seclusion, you must be treated in a humane and dignified manner. The use of involuntary seclusion or mechanical restraints is allowed only when there is an imminent danger to yourself or others. Documentation of reasons for these interventions must be placed in your clinical records. Medications cannot be used as a substitute for a more appropriate treatment. (see CGS 17a-544; see July 1999 HCFA interim regulations on use of Restraint & Seclusion)

Medication, Treatment, Informed Consent & Surgical Procedures / You, your advocate or counsel, can find out more about what procedures apply by reviewing the appropriate statutes (see CGS 17a-543a-j). If you have been hospitalized you shall receive a physical examination within five (5) days of admission and at least once every year thereafter. Reports of such exams must be entered into your clinical record (see CGS 17a-545). No medical or surgical procedure, no psychosurgery or shock therapy shall be administered to any patient without such patients' written informed consent, except as provided by statute.* A facility may estabilsh a procedure that governs involuntary medication treatments but any such decision shall be made by someone not employed by the treating facility and not until the patients' advocate has had reasonable opportunity to discuss such with the facility.* If a facility had determined to administer involuntary medication pursuant to statute, the patient may petition the Probate Court to hold a hearing to decide whether to allow this intervention. Notwithstanding the provisions of this section (17a-540 to 550) if obtaining consent would cause a medically harmful delay, emergency treatment may be provided without consent. (see CGS 17a-543-a-f)

Physician's Emergency Certificates & Committment / You, your advocate or counsel, can find out more about what Commitment procedures apply by reviewing the appropriate statutes. All persons admitted through a Physicians' Emergency Certificate ["PEC"] have the right, upon request, to a probable cause hearing within three (3) business days from admission. All voluntarily admitted patients shall be informed, upon admission, of their ability to leave after three (3) days notice. Any voluntarily confined patient shall not be denied his or her request to leave within three (3) days notice in writing unless an applicatuion for commitment has been filed in a court of competent jurisdiction. Different statutes apply depending on your placement in addictions treatment or for a psychiatric disorder. (see CGS 17a-495 et seq; 17a-502; 17a-506; 17a-682 to 17a-685; 54-56d)

Denial of Housing, Employment, etcetera / You cannotbe denied employment, housing, civil service rank, any license (including a professional license) or any other civil or legal right, soley because of a present or past history of a mental disorder, unless otherwise provided.* (see CGS 17a-549)

Filing of Grievances / Recipients of DMHAS facilities or programs have a right to file a grievance if any staff or facility has: 1) violated a right provided by statute, regulation or policy; 2) if you have been treated in an arbitrary or unreasonable manner; 3) denied services authorized by a treatment plan due to negligence, discrimination or ...other improper reason; 4) engaged in coercion to improperly limit your treatment choices; 5) if staff or the facility has unreasonably failed to intervene when your rights have been jeopardized in a setting controlled by the facility or by DMHAS; or 6) staff or the facility failed to treat you in a humane or dignified manner. (see CGS 17a-145t(1-6))

Remedies for Aggrieved Persons / If you have been aggrieved by a violation of sections 17a-540 to 17a-549 you may petition the Superior Court within whose jursidiction you reside for appropriate relief. (see CGS 17a-550)

Many of the rights of service recipients in facilities in Connecticut are specified in Sections 17a-540 through 17a-550 of the Connecticut General Statutes [CGS]. There may be other rights provided bt other state and federal statutes as well as by case law, but the ones identified in 17a-540 through 17a-550 are specifically protected and must be adhered to by inpatient or outpatient facilities in Connecticut. These statutes apply to both voluntary and involuntary service recipients, unless otherwise provided.

In general, both public and private facilities are prohibited from depriving you of any of your personal property or civil rights. These include the right to vote, the right to hold or convey property and contract, except in accordance with due process of law and unless you have been declared "incapable" pursuant to sections 45a-644 to 46a-662. Any finding of incapability should specifically state which civil or personal rights you are incapable of exercising.

*There may be exceptions and limitations to some rights. Your rights are detailed in the Connecticut General Statutes sections 17a=450 et seq; 17a-540 et seq; 17a-680 et seq; 52-146d-j; 54-56d; in Federal Regularion 42 CFR part 2, the Rehabilitation Act, the Americans with Disabilities Act; in the Patients' Self-Determination Act, in Section 1983 and in other parts of state and federal law.