Pa. Code 5100.53

Bill of rights for patients

This section establishes a formal bill of rights for patients receiving treatment in Pennsylvania mental health facilities, covering civil rights, communication, religious practice, personal property, treatment planning participation, and discharge rights. Facility operators must post or provide this bill of rights to patients, ensure complaints are heard promptly, and refrain from harsh or unusual treatment. The rights apply to both voluntary and involuntarily committed patients. Cross-references indicate this section is incorporated into standards for inpatient psychiatric and related mental health facility chapters (55 Pa. Code §§ 5200, 5210, 5320).

55 Pa. Code § 5100.53 - Bill of rights for patients 

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The following is the bill of rights for patients:

BILL OF RIGHTS

YOU HAVE A RIGHT TO BE TREATED WITH DIGNITY AND
 RESPECT

YOU SHALL RETAIN ALL CIVIL RIGHTS THAT HAVE NOT
 BEENSPECIFICALLY CURTAILED BY ORDER OF COURT

You have the right to unrestricted and private
 communication inside and outside this facility including the following rights:

a.
 To a peaceful assembly and to join
 with other patients to organize a body of or participate in patient government
 when patient government has been determined to be feasible by the
 facility.

b.
 To be assisted by any
 advocate of your choice in the assertion of your rights and to see a lawyer in
 private at any time.

c.
 To make
 complaints and to have your complaints heard and adjudicated
 promptly.

d.
 To receive visitors of
 your own choice at reasonable hours unless your treatment team has determined
 in advance that a visitor or visitors would seriously interfere with your or
 others' treatment or welfare.

e.
 To
 receive and send unopened letters and to have outgoing letters stamped and
 mailed. Incoming mail may be examined for good reason in your presence for
 contraband. Contraband means specific property which entails a threat to your
 health and welfare or to the hospital community.

f.
 To have access to telephone designated for
 patient use.

2.
 You have the right
 to practice the religion of your choice or to abstain from religious
 practices.

3.
 You have the right to
 keep and to use personal possessions, unless it has been determined that
 specific personal property is contraband. The reasons for imposing any
 limitation and its scope must be clearly defined, recorded and explained to
 you. You have the right to sell any personal article you made and keep the
 proceeds from its sale.

4.
 You have
 the right to handle your personal affairs including making contracts, holding a
 driver's license or professional license, marrying, or obtaining a divorce and
 writing a will.

5.
 You have the
 right to participate in the development and review of your treatment
 plan.

6.
 You have the right to
 receive treatment in the least restrictive setting within the facility
 necessary to accomplish the treatment goals.

7.
 You have the right to be discharged from
 the facility as soon as you no longer need care and treatment.

8.
 You have the right not to be subjected to
 any harsh or unusual treatment.

9.

 If you have been involuntarily committed in accordance with civil court
 proceedings, and you are not receiving treatment, and you are not dangerous to
 yourself or others, and you can survive safely in the community, you have the
 right to be discharged from the facility.

10.
 You have a right to be paid for any work
 you do which benefits the operation and maintenance of the facility in
 accordance with existing Federal wage and hour
 regulations.

Notes

55

 Pa. Code §
 
5100.53

This section cited in 55 Pa. Code §
 
5100.4
 (relating to scope); 55 Pa.
 Code §
 
5200.32
 (relating to treatment
 policies and procedures); 55 Pa. Code §
 
5100.52
 (relating to statement of
 principle); 55 Pa. Code §
 
5200.47
 (relating to other
 applicable regulations); 55 Pa. Code §
 
5210.56
 (relating to other
 applicable regulations); 55 Pa. Code §
 
5320.22
 (relating to governing
 body); and 55 Pa. Code §
 
5320.45
 (relating to staff
 orientation and training).

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