Fwd:Massachusetts "Bill of *Rights*" for persons with mental
Morgan Brown (morganbrown@hotmail.com)
Mon, 01 Dec 1997 09:34:55 PST
Hello!
This is a forward of the bill passed by the Mass. legislature and just
signed by the acting Governor on November 25, 1997. It was H. 5122 and
upon signing became chapter 166 of the acts of 1997 of the Massachusetts
legislature.
I haven't had a chance to read it over yet as this just recently got put
up and I just pulled it down, so I know probaly less about than some of
you-especially those in the Bay State & in Bean Town.
Morgan <morganbrown@hotmail.com>
Morgan W. Brown Montpelier Vermont USA
http://members.tripod.com/~Norsehorse/index.html
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-------from the Massachusetts legislative home page------------------
(Chapter 166 of the Acts of 1997):
AN ACT RELATIVE TO CERTAIN RIGHTS OF PERSONS WITH
MENTAL ILLNESS.
Be it enacted by the Senate and House of Representatives in General
Court assembled, and
by the authority of the same, as follows:
SECTION 1. Section 23 of chapter 123 of the General Laws, as appearing
in the 1996 Official
Edition, is hereby amended by striking out the first two paragraphs and
inserting in place thereof
the following five paragraphs:-
This section sets forth the statutory rights of all persons regardless
of age receiving services from
any program or facility, or part thereof, operated by, licensed by or
contracting with the
department of mental health, including persons who are in state
hospitals or community mental
health centers or who are in residential programs or inpatient
facilities operated by, licensed by or
contracting with said department. Such persons may exercise the rights
described in this section
without harassment or reprisal, including reprisal in the form of denial
of appropriate, available
treatment. The rights contained herein shall be in addition to and not
in derogation of any other
statutory or constitutional rights accorded such persons.
Any such person shall have the following rights:
(a) reasonable access to a telephone to make and receive confidential
telephone calls and to
assistance when desired and necessary to implement such right; provided,
that such calls do not
constitute a criminal act or represent an unreasonable infringement of
another person's right to
make and receive telephone calls;
(b) to send and receive sealed, unopened, uncensored mail; provided,
however, that the
superintendent or director or designee of an inpatient facility may
direct, for good cause and with
documentation of specific facts in such person's record, that a
particular person's mail be opened
and inspected in front of such person, without it being read by staff,
for the sole purpose of
preventing the transmission of contraband. Writing materials and postage
stamps in reasonable
quantities shall be made available for use by such person. Reasonable
assistance shall be
provided to such person in writing, addressing and posting letters and
other documents upon
request;
(c) to receive visitors of such person's own choosing daily and in
private, at reasonable times.
Hours during which visitors may be received may be limited only to
protect the privacy of other
persons and to avoid serious disruptions in the normal functioning of
the facility or program and
shall be sufficiently flexible as to accommodate individual needs and
desires of such person and
the visitors of such person.
(d) to a humane psychological and physical environment. Each such person
shall be provided
living quarters and accommodations which afford privacy and security in
resting, sleeping,
dressing, bathing and personal hygiene, reading and writing and in
toileting. Nothing in this section
shall be construed to require individual sleeping quarters.
(e) to receive at any reasonable time as defined in department
regulations, or refuse to receive,
visits and telephone calls from a client's attorney or legal advocate,
physician, psychologist, clergy
member or social worker, even if not during normal visiting hours and
regardless of whether such
person initiated or requested the visit or telephone call. An attorney
or legal advocate working
under an attorney's supervision and who represents a client shall have
access to the client and,
with such client's consent, the client's record, the hospital staff
responsible for the client's care and
treatment and any meetings concerning treatment planning or discharge
planning where the client
would be or has the right to be present. Any program or facility, or
part thereof, operated by,
licensed by or contracting with the department shall ensure reasonable
access by attorneys and
legal advocates of the Massachusetts Mental Health Protection and
Advocacy Project, the
Mental Health Legal Advisors Committee, the committee for public counsel
services and any
other legal service agencies funded by the Massachusetts Legal
Assistance Corporation under the
provisions of chapter 221A, to provide free legal services. Upon
admission, and upon request at
any time thereafter, persons shall be provided with the name, address
and telephone number of
such organizations and shall be provided with reasonable assistance in
contacting and receiving
visits or telephone calls from attorneys or legal advocates from such
organizations; provided,
however, that the facility shall designate reasonable times for
unsolicited visits and for the
dissemination of educational materials to persons by such attorneys or
legal advocates. The
department shall promulgate rules and regulations further defining such
access. Nothing in this
paragraph shall be construed to limit the ability of attorneys or legal
advocates to access clients
records or staff as provided by any other state or federal law.
Any dispute or disagreement concerning the exercise of the
aforementioned rights in clauses (a)
to (e), inclusive, and the reasons therefor shall be documented with
specific facts in the client's
record and subject to timely appeal.
Any right set forth in clauses (a) and (c) may be temporarily suspended,
but only for a person in
an inpatient facility and only by the superintendent, director, acting
superintendent or acting
director of such facility upon such person; concluding, pursuant to
standards and procedures set
forth in department regulations that, based on experience of such
person's exercise of such right,
further such exercise of it in the immediate future would present a
substantial risk of serious harm
to such person or others and that less restrictive alternatives have
either been tried and failed or
would be futile to attempt. The suspension shall last no longer than the
time necessary to prevent
the harm and its imposition shall be documented with specific facts in
such person's record.
A notice of the rights provided in this section shall be posted in
appropriate and conspicuous
places in the program or facility and shall be available to any such
person upon request. The
notice shall be in language understandable by such persons and
translated for any such person
who cannot read or understand English.
The department, after notice and public hearing pursuant to section 2 of
chapter 30A, shall
promulgate regulations to implement the provisions of this section.
SECTION 2. Said section 23 of said chapter 123, as so appearing, is
hereby further amended
by striking out, in lines 21 and 22, the words ", reasonable access to
telephones to make and
receive confidential calls".
Approved November 25, 1997.
______________________________________________________
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