Page:United States Statutes at Large Volume 94 Part 2.djvu/321

 PUBLIC LAW 96-398—OCT. 7, 1980

94 STAT. 1599

(v) the reasons why access to certain visitors may not be appropriate; and (vi) any appropriate and available alternative treatments, services, and types of providers of mental health services. (D) The right not to receive a mode or course of treatment, established pursuant to the treatment plan, in the absence of such person s informed, voluntary, written consent to such mode or course of treatment, except treatment— (i) during an emergency situation if such treatment is pursuant to or documented contemporaneously by the written order of a responsible mental health professional; or (ii) as permitted under applicable law in the case of a person committed by a court to a treatment program or facility. (E) The right not to participate in experimentation in the absence of such person's informed, voluntary, written consent, the right to appropriate protections in connection with such participation, including the right to a reasonable explanation of the procedure to be followed, the benefits to be expected, the relative advantages of alternative treatments, and the potential discomforts and risks, and the right and opportunity to revoke such consent. (F) The right to freedom from restraint or seclusion, other than as a mode or course of treatment or restraint or seclusion during an emergency situation if such restraint or seclusion is pursuant to or documented contemporaneously by the written order of a responsible mental health professional. (G) The right to a humane treatment environment that affords reasonable protection from harm and appropriate privacy to such person with regard to personal needs. (H) The right to confidentiality of such person's records. (I) The right to access, upon request, to such person's mental health care records, except such person may be refused access to— (i) information in such records provided by a third party under assurance that such information shall remain confidential; and (ii) specific material in such records if the health professional responsible for the mental health services concerned has made a determination in writing that such access would be detrimental to such person's health, except that such material may be made available to a similarly licensed health professional selected by such person and such health professional may, in the exercise of professional judgment, provide such person with access to any or all parts of such material or otherwise disclose the information contained in such material to such person. (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

79-194

O—81—pt. 2

21: Q L 3

Experimentation, non-participation.

Restraint or seclusion.

Humane treatment.

Records, access.

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