Patients'
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The Patient's Rights Advocate (PRA) is available for information and questions about your rights as a patient. If you need to discuss concerns about the rights of individuals receiving mental health treatment in a health facility, please call the local or toll free number listed below.
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Grievances |
Appeals |
HOURS OF OPERATION
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TELEPHONE
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FAX
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TOLL FREE
1-866-701-5464
EMAIL
bhpra@co.kings.ca.us
Frequently Asked Questions:
What is Patient Advocacy?
California law requires each county to assign a Patients' Rights Advocate to promote and represent clients' rights and interests. These aims are accomplished through direct assistance to practices of mental health programs and facilities and through training of mental health staff about the rights of mental health consumers.
The California Welfare & Institutions Code Chapter 6.2 MENTAL HEALTH ADVOCACY, Article 1 GENERAL PROVISIONS, Section 5500.
Definitions As used in this chapter:
The California Welfare & Institutions Code Chapter 6.2 MENTAL HEALTH ADVOCACY, Article 1 GENERAL PROVISIONS, Section 5500.
Definitions As used in this chapter:
- (a) “Advocacy” means those activities undertaken on behalf of persons who are receiving or have received mental health services to protect their rights or to secure or upgrade treatment or other services to which they are entitled.
(b) “Mental health client” or ”client” means any person who is receiving or has received services from a mental health facility, service or program and who has personally or through a guardian ad litem, entered into an agreement with a county patients’ rights advocate for the provision of advocacy services.
(c) “Mental health facilities, services, or programs” means any publically operated or supported mental health facility or program; any private facility or program licensed or operated for health purposes providing services to mentally disordered persons; and publicly supported agencies providing other than mental health services to mentally disordered clients.
(d) “County patients’ rights advocate” means any advocate appointment, or whose services are contracted for, by a local mental health director.
What are Patients' rights advocates?
Patients' Rights Advocates are staff members who function within the county mental health system. They are assigned the responsibility for ensuring the statutory and constitutional rights of consumers of mental health services.
What do Patients' rights advocates do?
Advocates represent a client's interests, as defined by the client, as long as those interests are within the bounds of the law and achievable within the resources of the advocate. Advocates do not determine what is in the client's "best interests". Rather, the advocate will discuss available options with the client. The advocate will then assist the client in making an informed choice.
Section 5520 of the California Welfare & Institutions Code requires each local mental health director to appoint or contract for the services of one or more county patients; rights advocates whose duties are:
Section 5520 of the California Welfare & Institutions Code requires each local mental health director to appoint or contract for the services of one or more county patients; rights advocates whose duties are:
- (a) To receive and investigate complaints from or concerning recipients of mental health services residing in licensed health or community care facilities regarding abuse, unreasonable denial or punitive withholding of rights guaranteed under the provisions of the law commencing with Section 5000 of the CW&I Code.
(b) To monitor mental health facilities, services and programs for compliance with statutory and regulatory patients’ rights provisions.
(c) To provide training and education about mental health law and patients’ rights to mental health providers.
(d) To ensure that recipients of mental health services in all licensed health and community care facilities are notified of their rights.
(e) To exchange information and cooperate with the Patients’ Rights Office.
What Services do patients' rights advocates provide?
Patients' Rights Advocates provide the following services:
Complaint Resolution
Receive and investigate complaints from recipients of mental health services or others action on their behalf, and who reside in licensed health facilities, group homes or community care facilities. California law provides for the rights of voluntary and involuntary mental patients treated in any health facility. Please see the related Consumer Complaint (English and Spanish) poster, as well as the Grievance Request Form in English or Spanish, and the Grievance Procedure manuals in English or Spanish.
Information and Referral
Provide information about the rights of patients in psychiatric facilities, and about available services with the county that are related to patients' rights issues.
Complaint Resolution
Receive and investigate complaints from recipients of mental health services or others action on their behalf, and who reside in licensed health facilities, group homes or community care facilities. California law provides for the rights of voluntary and involuntary mental patients treated in any health facility. Please see the related Consumer Complaint (English and Spanish) poster, as well as the Grievance Request Form in English or Spanish, and the Grievance Procedure manuals in English or Spanish.
Information and Referral
Provide information about the rights of patients in psychiatric facilities, and about available services with the county that are related to patients' rights issues.
Notification of Rights
Patient's Rights Advocates ensure that clients of mental health services in licensed health facilities, group homes, and community care facilities are notified of their rights. Patients' Rights Groups held in facilities, special discussion meetings, and client complaints are ways that clients learn about their rights.
What rights do clients of mental health services have?
Clients of Mental Health Services include children, adolescents, adults and older adults. They have the same rights and opportunities afforded to other members of society. Psychiatric patients receiving treatment in a health facility have certain legal rights, which are guaranteed by state law and the U.S. Constitution. These rights are contained in the Handbook of Rights for Mental Health Patients. A copy of this handbook is given to each individual admitted to a health facility for mental health treatment.
The rights of mentally ill persons is contained in the California Welfare & Institutions Code, Sections 5325, Article 7. LEGAL AND CIVIL RIGHTS
“Each person involuntarily detained for evaluation or treatment under provisions of this part, each person admitted as a voluntary patient for psychiatric evaluation or treatment to any health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered…shall have the following rights, a list of which shall be prominently posted in the predominant languages of the community and explained in a language or modality accessible to the patient in all facilities providing such services…”
The rights of mentally ill persons is contained in the California Welfare & Institutions Code, Sections 5325, Article 7. LEGAL AND CIVIL RIGHTS
“Each person involuntarily detained for evaluation or treatment under provisions of this part, each person admitted as a voluntary patient for psychiatric evaluation or treatment to any health facility, as defined in Section 1250 of the Health and Safety Code, in which psychiatric evaluation or treatment is offered…shall have the following rights, a list of which shall be prominently posted in the predominant languages of the community and explained in a language or modality accessible to the patient in all facilities providing such services…”
- The right to wear one’s own clothing, the right to keep and use one’s own personal possessions, including toilet articles, in an accessible place and the right to keep and spend a reasonable sum of one’s own money for small purchases. The right to have access to individual storage space for one’s own use. The right to see visitors daily. The right to have reasonable access to telephones both to make and receive confidential calls or have such calls made for them. The right to have access to letter-writing materials, including stamps and to mail and receive unopened letters and correspondence. The right to refuse convulsive treatment. The right to refuse psychosurgery. The right to see and receive the services of a Patient Advocate who has no direct or indirect clinical or administrative responsibility for the person receiving mental health services. Other rights, as specified by regulation. The rights specified in this section may not be waived by the person’s parent, guardian, or conservator
Upon admission to a facility each patient shall immediately be given a copy of the patients’ Rights Handbook.
California Welfare & Institutions Code, Sections 5325.1 Patient’s have the same legal rights guaranteed to everyone by the Federal and State laws and the constitution and laws of California. As citizens, patients do not lose their rights after being hospitalized. Under California law, the following rights may NEVER be denied:
The right to treatment services which promote the potential of the person to function independently. Treatment should be provided in ways that are least restrictive of the personal liberty of the individual. The right to dignity, privacy and humane care. The right to be free from harm, including unnecessary or excessive physical restraint, isolation, medication, abuse or neglect. Medication may not be used as punishment, for the convenience of staff, as a substitute for or in quantities that interfere with the treatment program. The right to prompt medical care and treatment. The right to religious freedom and practice. The right to participate in appropriate programs of publicly supported education. The right to social interaction. The right to physical exercise and recreational opportunities. The right to be free from hazardous procedures.
California Welfare & Institutions Code, Sections 5325.2
Any person who is subject to detention pursuant to Section 5150, 5250, 5260, or 5270.15 shall have the right to refuse treatment with antipsychotic medication subject to provisions set forth in this chapter.