Mental Health Bill of Rights

 

Mental Health Bill of Rights

This Mental Health Bill of Rights is provided by law to persons receiving
mental health services in the State of New Hampshire. Its purpose is to
protect the rights and enhance the well-being of clients by informing them
of key aspects of the clinical relationship.

As a client of a New Hampshire Mental Health Practitioner, you have,
without asking, the following rights:

1. The Right to Professional and Ethical Care

You have the right to be treated in a professional, respectful, competent,
and ethical manner consistent with all applicable state laws and the
professional ethical standards applicable to your provider.

These professional standards include those established by:

  • The National Association of Social Workers for independent clinical
    social workers;
  • The New Hampshire Association of Pastoral Psychotherapists for pastoral
    psychotherapists;
  • The American Mental Health Counselors Association for clinical mental
    health counselors; and
  • The American Association for Marriage and Family Therapy for marriage and
    family therapists.

2. The Right to Know Your Provider’s Qualifications

You have the right to receive full information about your treatment
provider’s knowledge, skills, experience, and credentials.

3. The Right to Confidentiality

You have the right to have information you disclose to your mental health
provider kept confidential within the limits of state and federal law.

Communications between mental health providers and clients are typically
confidential unless disclosure is required by law. Your mental health
provider will inform you of the legal exceptions to confidentiality. If an
exception arises, only the information required by law should be disclosed.

Examples of exceptions include, but are not limited to:

  • Abuse of a child;
  • Abuse of an incapacitated adult;
  • Compliance with HIPAA regulations;
  • Certain rights you may have waived when contracting for third-party
    financial coverage;
  • Court orders; and
  • Significant threats to yourself, others, or property.

4. The Right to a Safe Treatment Setting

You have the right to a safe setting and to know that the services provided
are effective and of a quality consistent with the standard of care within
your provider’s profession.

You also have the right to know that sexual relations between a mental
health provider and a client or former client are a violation of New
Hampshire law (RSA 330-A:36).

5. The Right to Information About Your Assessment and Diagnosis

You have the right, as allowed by law, to obtain information pertaining to
your mental health provider’s assessment, assessment procedures, and mental
health diagnoses (RSA 330-A:2, VI).

6. The Right to Participate in Your Treatment

You have the right to participate meaningfully in the planning,
implementation, and termination of your treatment, as well as decisions
regarding referral to another provider.

7. The Right to Informed Consent

You have the right to document informed consent and to be informed of:

  • The risks and benefits of the proposed treatment;
  • The risks and benefits of alternative treatments; and
  • The risks and benefits of receiving no treatment.

When a treatment is proposed for which safety and effectiveness have not
been established, your provider will inform you of this and of the voluntary
nature of your participation.

You also have the right to be informed of your rights and responsibilities
and of your provider’s practice policies regarding matters including:

  • Confidentiality;
  • Office hours;
  • Fees;
  • Missed appointments;
  • Billing policies;
  • Electronic communications;
  • Managed care issues;
  • Record management; and
  • Other relevant practice matters, except as otherwise provided by law.

8. The Right to Know About Emergency Coverage

You have the right to obtain information regarding provisions for emergency
coverage.

9. The Right to Obtain Your Mental Health Record

You have the right to receive a copy of your mental health record within
30 days of a written request, except as otherwise provided by law.

A nominal fee may be charged to defray the administrative costs of
reproducing the record.

10. The Right to Information, Questions, and Complaints

You have the right to know that your mental health provider is licensed by
the State of New Hampshire to provide mental health services.

You also have the right to:

  • Obtain information about mental health practice in New Hampshire;
  • Contact the New Hampshire Board of Mental Health Practice for information
    about applicable state and national professional associations;
  • Discuss questions or concerns about the mental health services you receive
    directly with your provider; and
  • File a complaint with the New Hampshire Board of Mental Health Practice.

Questions or Concerns About Your Care

Treadwell Counseling encourages clients to ask questions about their
treatment, confidentiality, fees, records, or any other aspect of the
therapeutic relationship.

Clients also have the right to contact the New Hampshire Board of Mental
Health Practice or file a complaint with the Board.


New Hampshire Board of Mental Health Practice

Related Privacy Documents

For additional information about your privacy rights and how Treadwell
Counseling handles protected health information, please review:
Notice of Privacy Practices

This page is based on the New Hampshire Mental Health Bill of Rights,
Mhp 502.02. The official New Hampshire administrative rule controls in
the event of any discrepancy.