POLICY

Ohio law provides specific safeguards of a patient's rights while they are receiving psychiatric treatment. 

 

PROCEDURE

Patients of Comprehensive Psychiatry Group have the following legal rights: 

 

The right to treatment, including the right to:

1. The right to be treated with consideration and respect for personal dignity, autonomy and privacy; 

2. The right to reasonable protection from physical, sexual or emotional abuse, neglect, and inhumane treatment; 

3. The right to receive services in the least restrictive, feasible environment; 

4. The right to participate in any appropriate and available service that is consistent with an individual service plan (ISP), regardless of the refusal of any other service, unless that service is a necessity for clear treatment reasons and requires the person's participation; 

5. The right to give informed consent to or to refuse any service, treatment or therapy, including medication absent an emergency; 

6. The right to participate in the development, review and revision of one's own individualized treatment plan and receive a copy of it; 

7. The right to freedom from unnecessary or excessive medication, and to be free from restraint or seclusion unless there is immediate risk of physical harm to self or others; 

8. The right to be informed and the right to refuse any unusual or hazardous treatment procedures; 

9. The right to be advised and the right to refuse observation by others and by techniques such as one-way vision mirrors, tape recorders, video recorders, television, movies, photographs or other audio and visual technology. This right does not prohibit an agency from using closed-circuit monitoring to observe seclusion rooms or common areas, which does not include bathrooms or sleeping areas; 

10. The right to confidentiality of communications and personal identifying information within the limitations and requirements for disclosure of client information under state and federal laws and regulations; 

11. The right to have access to one's own client record unless access to certain information is restricted for clear treatment reasons. If access is restricted, the treatment plan shall include the reason for the restriction, a goal to remove the restriction, and the treatment being offered to remove the restriction; 

12. The right to be informed a reasonable amount of time in advance of the reason for terminating participation in a service, and to be provided a referral, unless the service is unavailable or not necessary; 

13. The right to be informed of the reason for denial of a service; 

14. The right not to be discriminated against for receiving services on the basis of race, ethnicity, age, color, religion, gender, national origin, sexual orientation, physical or mental handicap, developmental disability, genetic information, human immunodeficiency virus status, or in any manner prohibited by local, state or federal laws; 

15. The right to know the cost of services; 

16. The right to be verbally informed of all client rights, and to receive a written copy upon request; 

17. The right to exercise one's own rights without reprisal, except that no right extends so far as to supersede health and safety considerations; 

18. The right to file a grievance; 

19. The right to have oral and written instructions concerning the procedure for filing a grievance, and to assistance in filing a grievance if requested; 

20. The right to be informed of one's own condition; and,

21. The right to consult with an independent treatment specialist or legal counsel at one's own expense

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Law guarantees civil rights. Patients are considered legally competent to retain those rights, benefits and

privileges unless there has been a court decision of incompetence for that purpose in a separate judicial

proceeding. These rights include, but are not limited to.

1. Not to be deprived of public or private employment solely by reason of having received services, voluntary or involuntary, for a mental disability.

2. To retain all rights not specifically denied under the Ohio Revised Code.

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Other rights include, but are not limited to the right to:

1. Social interaction with member of either sex, subject to adequate supervision, unless such interaction is specifically withheld under the patient's treatment plan.

2. Reasonable privacy including periods and places of privacy.

3. Confidentiality in accordance with state law.

4. Have personal possessions preserved and safeguarded.

5. Use personal funds for personal benefits.

6. Be informed of the reasons for admission, discharge procedures and to be involved in post-discharge plans.

7. Free exercise of religious worship including the right to services and sacred texts that are within the reasonable capacity of the institution to supply, provided that no person will be coerced into engaging in any religious activities.

8. Refuse to perform labor, which involved the operation, support or maintenance of the institution. (Additionally, privileges or release from the institution shall not be conditional upon such labor. Patients are, however, expected to perform therapeutic tasks if those tasks are an integrated part of the treatment plan. Patients are also expected to perform tasks of a personal housekeeping nature).

9. Pursue a writ of habeas corpus.

10. The right to express your concern or grievance and to be heard in a non-judgmental, compassionate manner. The recommended process for doing so is as follows:

    • contact your service provider directly at CPG about your concern or grievance

    • if you contacted your service provider at CPG and are not satisfied, or you are not comfortable doing so, you may ask to speak to the CPG Grievance Officer, Jana Kanos MSW, LISW-s. You will also have the opportunity to document your concern or grievance on the Patient Concern / Complaint Form and submit this to Jana if you are not comfortable speaking directly to her. A written response from the Grievance Officer will be given to the patient within five business days.

    • if the patient / family are not satisfied with the outcome of a grievance, they can contact the county agency or the Joint Commission for further resolution. The local county agency is the Mahoning County Mental Health & Recovery Board and can be contacted at the following address: 222 West Federal Plaza, Suite 201, Youngstown, OH 44503. Their phone number is (330) 746-2959 and their fax number is (330) 746-1052. To address your concern or grievance with The Joint Commission, the preferred method for submitting a concern is through their online submission form as it allows for more direct, timely receipt and review of your concerns. You can access this online form at www.jointcommission.org. Alternately, you can mail your concern to the Office of Quality and Patient Safety, The Joint Commission One Renaissance Boulevard Oakbrook Terrace, Illinois 60181.​​