What Are Psychiatric Patients' Rights?

Psychiatric patients' rights are similar to those of any other type of patient. Psychiatric patients may be seen in outpatient care, intensive outpatient programs, residential or inpatient hospital settings. There are some basic rights for mental health patients that are focused on preserving the autonomy, dignity, respect, safety and privacy of the patient.

Access to Care

• Access to the appropriate level of care for symptoms in the least restrictive environment is a psychiatric patient's right. Patients have rights to being treated with dignity under the highest standards of care a provider or facility is able to provide. Psychiatric patients have the right to access care regardless of race, financial status, sexual orientation or disability. Patients have the right to be transferred to an in-network facility if necessary due to financial considerations or preference of care.

Informed Consent

• Requesting or refusing prescribed treatment is the right of psychiatric patients. Patients must be have the opportunity to fully participate in making treatment decisions and must provide informed consent if ever involved in any type of research or experimental intervention. Psychiatric patients will not be subjected to any form of surgical procedure without the consent of the individual or legal guardian. Patients have the right to be informed of cost of treatment and financial obligations.

Security

• Being treated in the least restrictive environment and free from verbal or physical abuse is the right of all patients. Feeling safe and comfortable in any type of psychiatric facility is considered humane care. Sanitary environments, nourishing and well-balanced meals and the opportunity to attend or participate in religious or cultural services and activities are all conditions that psychiatric patients should have access to.

Feedback

• Filing a complaint or grievance is within the rights of psychiatric patients. Patients may request reviews of all treatment interventions and procedures prior to implementation with the exception of those used in emergency to save a life. Patients may also request contact and visits with outpatient providers, an attorney or pastor. Psychiatric patients also have the right to delegate a person who can make decisions for them if ever presented with the inability to do so. Psychiatric patients should consult a patient advocate with concerns.

Confidentiality

• Having the privileges of privacy and confidentiality are the rights of psychiatric patients. Federal laws protect and require an acknowledgment of receipt of the notice of privacy practices be signed under the Health Insurance Portability and Accountability Act (HIPPA). Psychiatric patients also have the right to communicate via sealed mail with Department of Mental Health, legal counsel or the court outside of any given facility.