Constituent Rights

Individuals served by the Department of Mental Health are entitled by Missouri law to many rights without limitations. Some of these rights include:

humane care and treatment;
safe and sanitary housing;
to be treated with dignity as a human being;
to have a nourishing, well-balanced, and varied diet;
to be free from verbal, physical, and sexual abuse.

Client Rights - Community Services

Missouri law gives individuals who receive mental health services the following rights without limitation:

To humane care and treatment;
To the extent that the facilities, equipment and personnel are available, to medical care and treatment in accordance with the highest standards accepted in medical practice;
To safe and sanitary housing;
To not participate in non-therapeutic labor;
To attend or not attend religious services;
To receive prompt evaluation and care, treatment, habilitation or rehabilitation about which the individual is informed insofar that person is capable of understanding;
To be treated with dignity as a human being;
To not be the subject of experimental research without prior written and informed consent or that of a parent, if the person is a minor, or guardian; except that no involuntary committed person shall be subject to experimental research, except as provided by statute;
To decide not to participate or to withdraw from any research at any time for any reason;
To have access to consultation with a private physician at the individual’s expense;
To be evaluated, treated or habilitated in the least restrictive environment;
To not be subjected to any hazardous treatment or surgical procedure unless the individual’s parent, if the person is a minor, or guardian consents; or unless such treatment or surgical procedure is ordered by a court of competent jurisdiction;
In the case of hazardous treatment or irreversible surgical procedures, to have, upon request, an impartial review prior to implementation, except in case of emergency procedures required for the preservation of life;
To a nourishing, well-balanced and varied diet;
To be free from verbal and physical abuse.

Missouri law gives individuals who receive mental health services the following rights that may be limited for safety or therapeutic reasons:

*To wear one’s own clothes and to keep and use one’s personal possessions;
To keep and be allowed to spend a reasonable sum of one’s own money for canteen expenses and small purchases;
*To communicate by sealed mail or otherwise with persons including agencies inside or outside the facility;
To receive visitors of one’s own choosing at reasonable times;
*To have reasonable access to a telephone both to make and receive confidential calls;
To have access to one’s own mental and medical records;
To have opportunities for physical exercise and outdoor recreation;
To have reasonable, prompt access to current newspapers, magazines and radio and television programming.

* Note: Persons committed to a residential facility or day program operated, funded or licensed by the Department pursuant to Section 552.040, RSMo shall not be entitled to the rights marked with an asterisk * unless the head of the residential facility or day program determines that these rights are necessary for the person’s therapeutic care, treatment, habilitation or rehabilitation.

Client Rights Brochure - Community Services | ASL Video

Client Rights - State Operated Facilities

Consumers of Department of Mental Health services are entitled, by Missouri law, to the following rights without limitation:

To humane care and treatment;
To the extent that the facilities, equipment, and personnel are available, to medical care and treatment in accordance with the highest standards accepted in medical practice;
To safe and sanitary housing;
To not participate in non-therapeutic labor;
To attend or not attend religious services;
To receive prompt evaluation and care, treatment, habilitation, or rehabilitation about which the individual is informed insofar as the person is capable of understanding;
To be treated with dignity as a human being;
To not be the subject of experimental research without prior written and informed consent of a parent, if a minor, or guardian; except that no involuntary com- mitted consumer shall be subject to experimental research, except as provided by statute;
To decide not to participate or to withdraw from any research at any time for any reason;
To have access to consultation with a private physician at one's own expense;
To be evaluated, treated, or habilitated in the least-restrictive environment;
To not be subjected to any hazardous treatment or surgical procedure unless the individual or a parent or guardian consents; or unless such treatment or surgical procedure is ordered by a court of competent jurisdiction;
In the case of hazardous treatment or irreversible surgical procedures, to have, upon request, an impartial review prior to implementation, except in case of emergency procedures required for the preservation of life;
To a nourishing, well-balanced, and varied diet; and
To be free from verbal, physical, and sexual abuse.

Missouri law gives consumers the following rights that may be limited based on safety or therapeutic reasons:

*To wear one’s own clothes and to keep and use personal possessions;
To keep and be allowed to spend a reasonable sum of one's own money for canteen expenses and small purchases;
*To communicate by sealed mail or otherwise with persons including agencies inside or outside the facility;
To receive visitors of one's own choosing at reasonable times;
*To have reasonable access to a telephone both to make and receive confidential calls;
To have access to one’s own mental and medical records;
To have opportunities for physical exercise and outdoor recreation; and
To have reasonable, prompt access to current newspapers, magazines, and radio and television programming.

Psychiatric hospitals accredited by The Joint Commission (TJC) must assure the following standards are met in serving consumers:

Personal dignity and services considerate and respectful of personal values and beliefs;
Information about hospital rules and regulations concerning conduct of consumers;
Informed participation in decisions regarding treatment;
Participation in treatment planning;
Appropriate assessment and management of pain;
Individualized treatment;
Personal privacy and confidentiality of information; and
Opportunity to identify a surrogate decision maker if a consumer is incapable of understanding a proposed course of treatment or is unable to communicate regarding treatment as part of an advance directive.

As a participant of the Medicaid and Medicare programs, this facility agrees to protect and promote each of the rights listed below:

To be informed of rights before furnishing or discontinuing patient care, when possible;
To establish a grievance procedure and inform each patient whom to contact to file a grievance;
To participate in the development and implementation of one’s own plan of care;
To make informed decisions regarding one’s own care;
To formulate an advance directive;
To have a family member or chosen representative be notified promptly of admission;
To personal privacy;
To receive care in a safe setting;
To be free from harassment, physical or mental abuse, or corporal punishment;
To confidentiality of one’s own clinical information;
To access information contained in one’s own clinical records within a reasonable time frame;
To be free from restraints or seclusion of any form imposed as a means of coercion, discipline, convenience or retaliation by staff;
To safe implementation of restraint or seclusion by trained staff.
Federal law provides consumers the right to reasonable access to treatment regardless of race, sex, creed, marital status, national origin, handicap or age.
To receive or deny visitors of your choosing and to be informed of any clinical restriction or limitation of that right. In order to protect the privacy, rights, and safety of yourself and others, the facility may restrict the available time and place of visitation.

* Note: Consumers committed under 552.040, 632.484, 632.489 and 632.495 RSMo shall not be entitled to the rights marked with an asterisk *, unless the head of the facility determined that these rights are necessary for the person's therapeutic care, treatment, habilitation, or rehabilitation.

Client Rights Brochure - State Operated Facilities | Spanish Version | ASL Video

Client Rights Poster - State-Operated Facilities

Consumer Rights – Developmental Disabilities

Individuals (and their guardians, advocates, and/or loved ones) receiving supports and services from the DMH Division of Developmental Disabilities are entitled to certain rights without limitation.

Learn about individuals’ rights and responsibilities, how to understand what abuse and neglect is, how to say “No” to it, and how to report it.

Complaints & Grievances

The Department of Mental Health has regulations (DOR 2.105, DOR 2.205, DOR 2.210,and DOR 2.220) which prescribe procedures for reporting, investigating, and processing grievances of alleged violations of client's rights. The DOR entitles clients access to a grievance process which includes appeal rights if requested.

If you believe any of your rights have been violated, you have been physically or verbally abused or neglected, or had a misuse of funds or property, you may file a grievance form with the person in charge of your agency, facility, or unit. An impartial review of your grievance will be conducted and an investigation of your complaint may be initiated.

In addition to filing the grievance form with the person in charge of your agency, facility, or unit, you may mail or email a copy to the Client Rights Coordinator, the Division Director of Behavioral Health, or the Division Director of Developmental Disabilities at the addresses below.

Mail

Office of Constituent Services
Department of Mental Health
P.O. Box 687
Jefferson City, Mo 65102

Email

constituentsvcs@dmh.mo.gov