Page:United States Statutes at Large Volume 100 Part 1.djvu/523

 PUBLIC LAW 99-319—MAY 23, 1986

100 STAT. 487

(J) The right, in the case of a person admitted on a residential or inpatient care basis, to converse with others privately, to have convenient and reasonable access to the telephone and mails, and to see visitors during regularly scheduled hours, except that, if a mental health professional treating such person determines that denial of access to a particular visitor is necessary for treatment purposes, such mental health professional may, for a specific, limited, and reasonable period of time, deny such access if such mental health professional has ordered such denial in writing and such order has been incorporated in the treatment plan for such person. An order denying such access should include the reasons for such denial. (K) The right to be informed promptly at the time of admission and periodically thereafter, in language and terms appropriate to such person's condition and ability to understand, of the rights described in this section. (L) The right to assert grievances with respect to infringement of the rights described in this section, including the right to have such grievances considered in a fair, timely, and impartial grievance procedure provided for or by the program or facility. (M) Notwithstanding subparagraph (J), the right of access to (including the opportunities and facilities for private communication with) any available— (i) rights protection service within the program or facility; (ii) rights protection service within the State mental health system designed to be available to such person; (iii) system established under title I to protect and Ante, p. 478. advocate the rights of mentally ill individuals; and (iv) qualified advocate; for the purpose of receiving assistance to understand, exercise, and protect the rights described in this section and in other provisions of law. (N) The right to exercise the rights described in this section without reprisal, including reprisal in the form of denial of any appropriate, available treatment. (O) The right to referral as appropriate to other providers of mental health services upon discharge. (2)(A) The rights described in this section should be in addition to and not in derogation of any other statutory or constitutional rights. (B) The rights to confidentiality of and access to records as Classified provided in subparagraphs (H) and (I) of paragraph (1) should information. remain applicable to records pertaining to a person after such person's discharge from a program or facility. (3)(A) No otherwise eligible person should be denied admission to a program or facility for mental health services as a reprisal for the exercise of the rights described in this section. (B) Nothing in this section should— (i) obligate an individual mental health or health professional to administer treatment contrary to such professional's clinical judgment; (ii) prevent any program or facility from discharging any person for whom the provision of appropriate treatment, consistent with the clinical judgment of the mental health

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