Rights of Department of Mental Health Clients
Rights Which Cannot Be Limited
Each individual has basic rights to humane care and treatment that cannot be limited under any circumstances. The following rights apply to all settings:
1. To receive prompt evaluation, care and treatment;
2. To receive these services in the least restrictive environment;
3. To receive these services in a clean and safe setting;
4. To not be denied admission or services because of race, gender, sexual preference, creed, marital status, national origin, disability or age;
5. To confidentiality of information and records in accordance with federal and state law and regulation;
6. To be treated with dignity and addressed in a respectful, age appropriate manner;
7. To be free from abuse, neglect, corporal punishment and other mistreatment such as humiliation, threats or exploitation;
8. To be the subject of an experiment or research only with one’s informed, written consent, or the consent of an individual legally authorized to act;
9. To medical care and treatment in accordance with accepted standards of medical practice, if the certified substance abuse or psychiatric program offers medical care and treatment; and
10. To consult with a private, licensed practitioner at one’s own expense.
The following additional rights apply to residential settings, and where otherwise applicable, and shall not be limited under any circumstances:
1. To a nourishing, well-balanced, varied diet;
2. To attend or not attend religious services;
3. To communicate by sealed mail with the department and, if applicable, legal counsel and court of jurisdiction;
4. To receive visits from one’s attorney, physician or clergy in private at reasonable times; and
5. To be paid for work unrelated to treatment, except that an individual may be expected to perform limited tasks and chores within the program that are designed to promote personal involvement and responsibility, skill building or peer support. Any tasks and chores beyond routine care and cleaning of activity or bedroom areas within the program must be directly related to recovery and treatment plan goals developed with the individual.
Rights Subject to Limitation
Each individual shall have further rights and privileges, which can be limited only to ensure personal safety or the safety of others. Any limitation due to safety considerations shall occur only if it is—
1. Applied on an individual basis;
2. Authorized by the organization’s director or designee;
3. Documented in the individual’s record;
4. Justified by sufficient documentation;
5. Reviewed on a regular basis at the time of each individualized treatment plan review; and
6. Rescinded at the earliest clinically appropriate moment.
In all care and treatment settings, each individual shall have the right to see and review one’s own record, except that specific information or records provided by other individuals or agencies may be excluded from such review. The organization may require a staff member to be present whenever an individual accesses the record.
The following additional rights and privileges apply to individuals in residential settings, and where otherwise applicable:
1. To wear one’s own clothes and keep and use one’s own personal possessions;
2. To keep and be allowed to spend a reasonable amount of one’s own funds;
3. To have reasonable access to a telephone to make and to receive confidential calls;
4. To have reasonable access to current newspapers, magazines and radio and television programming;
5. To be free from seclusion and restraint;
6. To have opportunities for physical exercise and outdoor recreation;
7. To receive visitors of one’s choosing at reasonable hours; and
8. To communicate by sealed mail with individuals outside the facility.
Other Legal Rights
The organization shall ensure that all individuals have the same legal rights and responsibilities as any other citizen, unless otherwise limited by law.
Complaints and Grievances
If you believe you have been physically or verbally abused or neglected, you may file a complaint with the person in charge of your agency, facility, or unit. An investigation of your complaint will be initiated immediately.
If you believe any of these rights have been violated, you may file a grievance with the person in charge of your agency, facility, or unit. An impartial review of your grievance will be conducted.
In addition to filing a complaint or grievance with the person in charge of your agency, facility, or unit, you may call or mail a copy of your complaint or grievance to the client rights coordinator whose phone number and address is below:
Client Rights Monitor
Department of Mental Health
P.O. Box 687
Jefferson City, MO 65102
1-800-364-9687
