Mental Health Protections
- Provides guidelines for serving individuals with mental illness to assure rights: record confidentiality, adequate treatment methods, admissions, use of medications, record access, and information about protection and advocacy.
- Provides that individuals with mental illness are presumed competent until the contrary can be proven.
- Allows for independent evaluation at the individual's expense.
- Requires services be delivered in the most integrated setting possible.
- Provides that patients discharged or furloughed from inpatient services be provided sufficient medication until they can obtain new medication in their local area.
- Provides that offenders with mental illness may be transferred to treatment instead of incarceration when it is more appropriate.
- Allows a guardian to transport a ward to an inpatient mental health facility for a preliminary examination and to consent to the administration of psychoactive medication as prescribed by treating physician.
- Requires local authorities to ensure provision of disease management practices with jail diversion strategies for adults with bipolar disorder, schizophrenia, or severe depression and children with serious emotional illnesses.
- Permits the administration of psychoactive medication when authorized by a parent, guardian or court order.
- Prohibits a minor from refusing psychoactive medication authorized by a parent or guardian, or discharging themselves from a voluntary mental health facility if guardian or parent objects.
- Prohibits the use of certain restraints and seclusion techniques and provides whistleblower protections.
- Provides that a person accepted for a preliminary mental health examination may be detained for no longer than 48 hours after arriving at the facility unless a written order for protective custody is obtained.
- Provides for a priority system among those authorized to transport patients of mental health facilities.
Relevant Federal Laws