(HD 3935, SD 682)

Support Legislation Regarding the Rights of People Receiving Mental Health Services

(Representative Provost, Senator Jehlen)

Current law protects individuals who are receiving mental health services in inpatient facilities. These protections, which are called the Five Fundamental Rights for Psychiatric Inpatients, provide clients with these particular rights: access to telephones, to send and receive unopened mail, patients receive visitors of their choosing, the right to a humane psychological and physical environment and to receive or refuse visits and phone calls from the patient’s attorney. 

This legislation will add one more fundamental right to the list which is the right to daily access to fresh air.  All patients receiving services from the Department of Mental Health or any facility licensed by the Department will be afforded daily access to the outdoors.  For psychiatric patients, access to the outdoors and to fresh air is essential for recovery from a crisis.  However, unfortunately most patients are denied this access and some in fact are in locked units in hospitals 24 hours a day from their time of admission until their discharge without any exposure to fresh air.  It is not surprising that many patients feel that their recovery would benefit with the simple step of daily outdoor visits. 

Although current law provides the initial 5 fundamental rights, the statute fails to provide an appeals process for individuals who feel that their rights have been violated.  This legislation will establish an opportunity for an impartial hearing for individuals who have had their rights violated.  It will also provide patients with a written decision from an impartial hearing officer. 

One benefit of this legislation will be to improve and accelerate the recovery process for mental health patients who are receiving services in an inpatient facility by providing much needed access to the outdoors.  Another benefit is providing these same individuals with a process to appeal if the fundamental rights that are required under law are violated. 

This legislation is supported by the Coalition for Fresh Air Rights (CFAR) and the Disability Law Center (DLC).  For more information contact Jon Dosick (617) 947-6624 or Deb Thomson at The PASS Group (978) 337-7315.