Title 7 — Human Health Care and Safety.

This chapter may be cited as the “Mental Health Consumers’ Rights Protection Act of 2001”.

For the purposes of this chapter, the term: (1) “Abuse” means any knowing, reckless, or intentional act or omission by a provider that causes or is likely to cause or contribute to, or which caused or is likely to have caused or contributed to, injury, death, or financial exploit…

Nothing in this chapter is intended to abridge the rights of persons committed to the care of the Department by order of the court in a criminal proceeding.

(a) The Department and other providers shall, at all times, treat consumers with consideration and respect for the consumer’s dignity, autonomy, and privacy. Respectful treatment shall also be extended to the consumer’s family members, personal representative, attorney-in-fact, a…

(a) Consumers shall have the right to meaningful participation in the development of their service plans, as well as the opportunity to participate in planning for their transition from one provider to another. Such service planning shall include the right to be informed about on…

(a) All consumers may execute a durable power of attorney for health care in accordance with Chapter 22 of Title 21. The durable power of attorney for health care may include a statement of the consumer’s mental health treatment preferences, which shall be honored by his or her a…

(a) Except in accordance with the procedure described in subsection (c)(3) of this section or as otherwise provided by law, no mental health services or mental health supports shall be provided absent a consumer’s informed consent. In seeking a consumer’s informed consent, the De…

(a) Except as provided in this section, no consumer shall be administered medication for the purpose of mental health treatment without his or her informed consent. In seeking a consumer’s informed consent, the Department or other provider shall present the consumer with informat…

(a) Consumers have the right to be free from seclusion and restraint of any form that is not medically necessary or that is used as a means of coercion, discipline, convenience, or retaliation by staff. (b) Seclusion or restraint may only be used by: (1) Hospitals when administer…

(a) Consumers shall be informed of their right to access their mental health information records and may request correction of inaccurate information contained in the records in accordance with Chapter 12 of this title. (b) Information and records about a consumer’s mental health…

Consumers shall have an opportunity to participate in periodic evaluation of mental health services and mental health supports, including evaluation of providers. The opportunity shall extend to members of the consumer’s family or personal representative.

(a) The Department shall, in accordance with Chapter 5 of Title 2, promulgate rules that: (1) Require providers to adopt a policy and procedure regarding the timely review and resolution of grievances brought to the provider by its consumers. All grievances resolved in this manne…

Consumers shall be presumed legally competent and retain all civil rights, unless otherwise limited by order of the court. As used in this section, the term “civil rights” shall include, but not be limited to, the rights to: (1) Contract; (2) Hold a professional, occupational, or…

(a) Except for those minors hospitalized pursuant to the emergency provisions in subchapter III of Chapter 5 of Title 21, or pursuant to an order of commitment under § 21-545 or § 16-2315, § 16-2320, or § 16-1321 [§ 16-2321], no minor may be admitted for inpatient mental health s…

(a) A provider shall not engage in sexual orientation change efforts with a consumer who is a minor. (b) A violation of subsection (a) of this section shall be considered a failure to conform to acceptable conduct within the mental health profession under § 3-1205.14(a)(26) and s…

Rights and protections provided in this chapter shall not be construed to create new causes of action for monetary damages beyond those that currently exist in federal and local law.