        |
 |
By Lisa Wesel
The New Hampshire Board of Mental Health Practice has drafted a
Bill of Rights for clients being treated by psychologists, clinical
social workers, pastoral psychotherapists, clinical mental health
counselors and marriage and family therapists. This "initial proposal,"
mandated by a 1998 state law, will be reviewed at a public hearing
on May 9, with written comments accepted until May 23.
The 1998 law, RSA-330-A, required the board to draft a Client's
Bill of Rights based on the Code of Ethics of each licensed professional
association and to distribute it to all licensed practitioners.
The law also required each practitioner to prominently display a
copy of the Bill of Rights in his or her office.
The board first attempted to comply with the law by asking each
of the state's licensees to draft their own document informing clients
of their right to obtain the following information: the therapist's
professional code of ethics and his or her degree, license and area
of expertise; the limits of confidentiality, particularly the requirement
to report potential violence or child abuse; an individual diagnosis;
cost of service; nature of assessment and recommended treatment
and rationale; provisions for emergency coverage and management
of records should the therapist die or become disabled and recourse
if the client is dissatisfied with treatment. That measure could
have resulted in a different Bill of Rights for each therapist across
the state. It also made no mention of how the document would be
displayed or distributed.
Last summer, Charles Proulx, a resident of Exeter, N.H., sued the
board to have its Bill of Rights declared invalid because it did
not comply with the law. In December, the board settled the suit
and agreed to rewrite the document. The result is a more detailed
outline of the legal rights of mental health clients. It states,
in part, that clients have the following rights:
l To be treated in a professional, respectful, competent and ethical
manner. The professional behavior of licensed mental health professionals
is guided by codes of ethics drafted by each of the five professional
associations.
- To obtain complete information about the treatment provider's
knowledge, skills experience and credentials.
- To have the information disclosed to the mental health provider
be kept confidential within the limits of state and federal law.
Mental health providers will inform clients on the nature of the
legal exceptions to confidentiality and if an exception arises,
will share only what information is required by law. Examples
of exceptions include, but are not limited to, abuse of a child;
abuse of an incapacitated adult; HIPAA regulation compliance;
certain rights waived when contracting for insurance coverage;
orders of the court; and significant threats to the client, others
and property.
- To undergo treatment in a safe setting. Sexual relations between
a mental health provider and a client or former client are a violation
of the law.
- To obtain information pertaining to the mental health provider's
assessment, including procedures, results, and diagnosis.
- To participate meaningfully in the planning, implementation
and termination or referral of treatment. l To obtain a written
statement explaining the mental health provider's office policies,
including hours, fees, missed appointments, billing policies,
electronic communications, managed care issues and record management.
- To obtain information regarding the provision(s) for emergency
coverage.
- To receive a copy of the client's own mental health record
upon written request within 30 days for a nominal fee (except
otherwise provided by law).
- To know that the mental health provider is licensed by the
State of New Hampshire to provide services. This provision encourages
clients to first discuss concerns directly with the mental health
provider. If the issues cannot be resolved directly, clients may
file a complaint with the Board of Mental Health Practice.
The document states that each licensee shall post a copy of the
mental health Bill of Rights in a prominent location in their offices;
and provide a copy to the client, at the time of initial contact,
if the assessment, consultation or intervention is provided outside
the office. It also commits the board to keep on file the names,
addresses, phone numbers and Web sites of the five professional
associations.
|
 |
