[ThunderGoddess]

Hello as of December 2015 I had been kicked out of DBT and treated unethically by a therapist as well as a care advocate. I will not go into detail that is not the point of this thread so please do not ask the details of my experience. The point is I stood up for my rights and I won my appeal I am now back in the DBT program with a new therapist and both parties have been reprimanded for their actions. Eventually I am going to post a petition on some things that need to be changed in every mental health facility to prevent this type of treatment because it happens more often than people would like to think.

I wrote a 4 page essay to the care committee including an additional 3 pages of evidence against the therapist and advocate. For anyone truly interested in gaining help in your situation you must advocate for YOURSELF. You are worth it! I will help anyone in anyway I can just message me if you need help finding laws or information I will do my best to help you.

Always ask for your therapists credentials, always take notes during your sessions just as they are taking notes you also have a right to do so. Always note anything that has been a red flag and anything that made you feel uncomfortable.

First and foremost know your rights this may vary in states so please double check I am going to give you what I found for the state of Pennsylvania so you have an idea what to research. Here is some very important information that got me where I needed to be mentally for this process.

MENTAL HEALTH BILL OF RIGHTS

As a person receiving mental health services, you have the right to:
•Be treated with dignity and respect.

•Choose the services or programs in which you participate based upon information about rules, treatment procedures, costs, risks, rights and responsibilities.

•Ask questions and get answers about services.

•Participate fully in all decisions about treatment or services.

•Request changes in treatment or services.

•Receive treatment in the least restrictive setting - one that provides the most freedom appropriate to your treatment needs.

•Refuse treatment or service unless ordered by the Court to participate.

•Be informed about the rules that will result in discharge from a program if violated.

•Participate fully in decisions regarding your discharge from a program and receive advance notice regarding the proposed discharge, unless your behavior threatens the well being of another person.

•Be given help in obtaining another place to live prior to discharge from a residential program.

•Know the name of the medication you are taking, why you are taking it, and what its possible side effects might be.

•Refuse to take medication, if you choose. (Note: You should not discontinue taking medication suddenly without first discussing the possible dangers with a psychiatrist.)

•Have your family involved in your treatment.

•Refuse family participation in your treatment, if you choose.

•Not be subjected to verbal, physical, sexual, emotional or financial abuse; harsh or unfair treatment.

•Make complaints, have them heard, get a prompt response, and not receive any threats or mistreatments as a result.

•File a grievance if you are not satisfied with the response to a complaint.

•Be assisted by an advocate of your choice; for example, family, friend, case manager, member of a consumer advocacy committee or organization, etc.

•Review your record, with two exceptions. Limited portions of your records can be withheld from you if your treatment team leader has written that seeing specific information would be harmful to your treatment, or
reveal the identity or break the trust of someone who has provided information in confidence.

•Decide who else can see your records, with several exceptions. Those who do not need to ask your permission are: people involved in your mental health treatment or to whom you are referred for treatment, people providing emergency medical care, an attorney representing you at a commitment hearing, a court, people conducting program or utilization reviews, or third party payers (those who pay for your treatment). These people may only see as much information as they need for the specific purpose requested.

•Manage your own financial affairs, if you choose, with one exception. If you receive social security benefits, the Social Security Administration might decide that you need a payee, based upon a psychiatrist's report. If this happens, you have the right to choose the person who will be your payee. You can also regain the right to receive your social security check if a psychiatrist fills out a form saying you are now capable of managing your own money.

•Be given information about the maximum amount of money, or percentage of your income, a residential facility may charge you for rent. If the facility receives your check, you should be told the amount of spending money remaining for your use. You must be informed in writing about any increase in rent at least 30 days before the increase takes place.

•Be paid a fair wage for any work you do that benefits an agency facility except for personal housekeeping tasks, shared household chores, or voluntary participation in a work-oriented day program.

•Visit and communicate privately with family and others, at home or in the community (unless restricted by service plan); send and receive personal mail unopened; have access to a telephone.

•Meet and participate with social, religious and community groups of your choice.

•Keep and use personal clothing and possessions as space permits, unless it infringes upon others.

•Exercise all civil and legal rights afforded to citizens of the United States; for example, vote, marry, obtain a driver's license, write a will, etc.

•Not be discriminated against on the basis of race, age, sex, religion, national origin, sexual orientation, disability, or marital status.

MENTAL HEALTH PROCEDURES ACT PA

Pennsylvania Code

RIGHT TO APPEAL ( This is the law I decided to use for my situation )

§ 5100.14. Appeal.
(a) Each facility shall have a clearly defined appeal system through which any patient who wishes to voice objections concerning his treatment shall be heard and have objections determined.

(b) Each facility shall monitor the appeal system to see that it works properly and records shall be maintained for review for certification and licensure and for Departmental review in order to investigate any complaint.

(c) All patients shall be advised of such system and be encouraged to use it when they believe their treatment plan is not necessary or appropriate to their needs.

Cross References

This section cited in 55 Pa. Code § 5100.4 (relating to scope).


ARTICLE VII
GRIEVANCE AND APPEAL
PROCEDURES

Statement of Principle.

To insure that these rights are safeguarded and that disputes concerning their rights and others are resolved promptly and fairly, patients must have the right to lodge grievances and appeals when informal methods of resolving disputes are unsuccessful. Each facility shall have a grievance and appeal system in effect. Every patient shall be informed of the grievance and appeal system and shall be encouraged to utilize it when informal methods of resolving complaints are unsuccessful.
1. Grievance Procedure.

(a) Any patient, or those helping him, may initiate a complaint orally or in writing, concerning the exercise of these rights or the quality of services and treatment at the facility. The complaint shall be presented as soon as possible to the treatment team leader or other appropriate person.

(b) Every patient shall have the right to the assistance of an independent person and witnesses in presenting his complaint.

(c) The treatment team leader, administrative supervisor, or their designees receiving the complaint shall investigate the complaint and make every effort to resolve it. Based upon this investigation, a decision shall be rendered in writing as soon as possible but within 48 hours after the filing of the complaint. Complaints shall be decided by persons not directly involved in the circumstances leading to the grievance.

(d) The patient shall be given a copy of the complaint and final decision and a copy shall be filed in the patient’s record.
2. First Level Appeal.

(a) Any patient, or those helping him, may appeal the grievance decision within 10 working days of the decision. State-operated facilities shall follow the procedures set forth in this part. Non-State operated facilities shall have in effect a fair and impartial appeal procedure, which shall be reviewed by the county administrator.

(b) In a State-operated facility, standing Rights Review Committee composed equally of facility staff and persons from the community not affiliated with the facility shall hear the appeal and render a written decision within 10 working days of the date of the appeal. Staff members shall be appointed by the facility director. Until such time as the committee is in effect, the appeal shall be heard by a hearing examiner appointed by the regional deputy secretary. If the grievance requires immediate action, the appeal shall be heard and decided as soon as possible.

(c) The patient shall be given prompt notice of the date set for the appeal and shall be informed of his right to be represented by counsel.

(d) Hearings shall be informal, without strict adherence to the rules of evidence. A sufficient record of the hearing shall be made.

(e) A copy of the decision shall be given to the patient, the facility director, and filed in the patient’s chart.
3. Second Level Appeal.

(a) Any patient in a State facility, those helping him, or the facility director, may appeal the decision of the hearing examiner or Rights Review Committee within 10 working days of the decision. The appeal must set forth the specific objections to the decision.

(b) The Secretary of Public Welfare shall establish a standing Rights Appeal Committee composed equally of Department and community personnel. Within 5 working days of receipt of a second level request, the Committee shall review the decision of the Rights Review Committee and may seek any additional information it deems necessary.

(c) The patient shall be given prompt notice of the date set for the appeal and shall be informed of his or her right to be represented by counsel.

(d) Reviews shall be informal. A sufficient record of the hearing shall be made.

(e) The Committee shall submit a recommendation to the Secretary of Public Welfare within 10 working days of its receipt of the second level appeal request. The Secretary will review the findings and recommendations by the Committee and will issue a decision.

(f) Nothing in this section shall be construed as precluding a patient from instituting appropriate legal proceedings.

Cross References

This section cited in 55 Pa. Code § 5100.4 (relating to scope); 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).

REDISPOSITON


Under the mental health procedures act

Title 50. Mental health

Article 1 general provisions

§ 7108. Periodic reexamination, review and redisposition

(a) Reexamination and Review. Every person who is in treatment under this act shall be examined by a treatment team and his treatment plan reviewed not less than once in every 30 days.

(b) Redisposition. On the basis of reexamination and review, the treatment team may either authorize continuation of the existing treatment plan if appropriate, formulate a new individualized treatment plan, or recommend to the director the discharge of the person. A person shall not remain in treatment or under any particular mode of treatment for longer than such treatment is necessary and appropriate to his needs.

(c) Record of Reexamination and Review. The treatment team responsible for the treatment plan shall maintain a record of each reexamination and review under this section for each person in treatment to include:

(1) a report of the reexamination, including a diagnosis and prognosis;

(2) a brief description of the treatment provided to the person during the period preceding the reexamination and the results of that treatment;

(3) a statement of the reason for discharge or for continued treatment;

(4) an individualized treatment plan for the next period, if any;

(5) a statement of the reasons that such treatment plan imposes the least restrictive alternative consistent with adequate treatment of his condition; and

(6) a certification that the adequate treatment recommended is available and will be afforded in the treatment program.

These professionals are required to follow the code of ethics by law
Pennsylvania Code

Hold them to these standards!

[Travelinglady]

Thanks! Great information. I once stood up to a psychiatrist and fortunately was sane enough to know when I was being given a "crazy" explanation for my normal behavior. I left him and have since found out he has a terrible reputation, even among other mental-health professionals. (He was trying to force me to go off all my antidepressants cold turkey. I brought in articles from professional journals about the importance of weaning and shared them with the therapist who worked with him. I was her patient. I know he was likely embarrassed and felt threatened, but he told me I was just trying to get attention, feel important, etc.--like my behavior was part of my mental illness. He said he "had always done it that way." Evidently he didn't read professional journals!)