Page:United States Statutes at Large Volume 94 Part 2.djvu/322

 94 STAT. 1600

Grievance assertions.

Rights protection service, accessibility.

Records, confidentiality and accessibility. Admission, non-denial.

PUBLIC LAW 96-398—OCT. 7, 1980

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; and (iii) 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 provided in subparagraphs (H) and (I) of paragraph (1) should 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 professional primarily responsible for such person's treatment, is or has become impossible as a result of such person's refusal to consent to such treatment; (iii) require a program or facility to admit any person who, while admitted on prior occasions to such program or facility, has repeatedly frustrated the purposes of such admissions by withholding consent to proposed treatment; or (iv) obligate a program or facility to provide treatment services to any person who is admitted to such program or facility solely for diagnostic or evaluative purposes.

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