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.

What Kind Of Protections

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.

Mental Health Protections(cont)

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.