---
kind: "section"
citation: "42 U.S.C. § 9501"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9501"
heading: "Bill of Rights"
release: "119-102"
url: "https://uscodex.org/usc/42/9501"
units:
  - "Chapter 102 — Mental Health Systems"
  - "Subchapter IV — Mental Health Rights and Advocacy"
---

# §9501. Bill of Rights


It is the sense of the Congress that each [State](/usc/42/9412.md?p=2) should review and revise, if necessary, its laws to ensure that mental health patients receive the protection and services they require; and in making such review and revision should take into account the recommendations of the President’s [Commission](/usc/42/2000ff.md?p=1) on Mental Health and the following:

- (1) A [person](/usc/42/1320a–7k.md?p=d-4-C-i) admitted to a [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4) for the purpose of receiving mental health services should be accorded the following:
  - (A) The right to appropriate [treatment](/usc/42/11851.md?p=11) and related services in a setting and under conditions that—
    - (i) are the most supportive of such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s personal liberty; and
    - (ii) restrict such liberty only to the extent necessary consistent with such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s [treatment](/usc/42/11851.md?p=11) needs, applicable requirements of law, and applicable judicial orders.
  - (B) The right to an individualized, written, [treatment](/usc/42/11851.md?p=11) or service plan (such plan to be developed promptly after admission of such [person](/usc/42/1320a–7k.md?p=d-4-C-i)), the right to [treatment](/usc/42/11851.md?p=11) based on such plan, the right to periodic review and reassessment of [treatment](/usc/42/11851.md?p=11) and related service needs, and the right to appropriate revision of such plan, including any revision necessary to provide a description of mental health services that may be needed after such [person](/usc/42/1320a–7k.md?p=d-4-C-i) is discharged from such [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4).
  - (C) The right to ongoing participation, in a manner appropriate to such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s capabilities, in the planning of mental health services to be provided such [person](/usc/42/1320a–7k.md?p=d-4-C-i) (including the right to participate in the development and periodic revision of the plan described in [subparagraph (B)](#1-B)), and, in connection with such participation, the right to be provided with a reasonable explanation, in terms and language appropriate to such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s condition and ability to understand, of—
    - (i) such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s general mental condition and, if such [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4) has provided a physical examination, such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s general physical condition;
    - (ii) the objectives of [treatment](/usc/42/11851.md?p=11);
    - (iii) the nature and significant possible adverse effects of recommended [treatments](/usc/42/11851.md?p=11);
    - (iv) the reasons why a particular [treatment](/usc/42/11851.md?p=11) is considered appropriate;
    - (v) the reasons why access to certain visitors may not be appropriate; and
    - (vi) any appropriate and available alternative [treatments](/usc/42/11851.md?p=11), services, and types of providers of mental health services.
  - (D) The right not to receive a mode or course of [treatment](/usc/42/11851.md?p=11), established pursuant to the [treatment](/usc/42/11851.md?p=11) plan, in the absence of such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s informed, voluntary, written consent to such mode or course of [treatment](/usc/42/11851.md?p=11), except [treatment](/usc/42/11851.md?p=11)—
    - (i) during an emergency situation if such [treatment](/usc/42/11851.md?p=11) is pursuant to or documented contemporaneously by the written order of a responsible mental health professional; or
    - (ii) as permitted under applicable law in the case of a [person](/usc/42/1320a–7k.md?p=d-4-C-i) committed by a court to a [treatment](/usc/42/11851.md?p=11) [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4).
  - (E) The right not to participate in experimentation in the absence of such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s informed, voluntary, written consent, the right to appropriate protections in connection with such participation, including the right to a reasonable explanation of the procedure to be followed, the benefits to be expected, the relative advantages of alternative [treatments](/usc/42/11851.md?p=11), and the potential discomforts and risks, and the right and opportunity to revoke such consent.
  - (F) The right to freedom from restraint or seclusion, other than as a mode or course of [treatment](/usc/42/11851.md?p=11) or restraint or seclusion during an emergency situation if such restraint or seclusion is pursuant to or documented contemporaneously by the written order of a responsible mental health professional.
  - (G) The right to a humane [treatment](/usc/42/11851.md?p=11) environment that affords reasonable protection from harm and appropriate privacy to such [person](/usc/42/1320a–7k.md?p=d-4-C-i) with regard to personal needs.
  - (H) The right to confidentiality of such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s records.
  - (I) The right to access, upon request, to such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s mental health care records, except such [person](/usc/42/1320a–7k.md?p=d-4-C-i) may be refused access to—
    - (i) information in such records provided by a third party under assurance that such information shall remain confidential; and
    - (ii) specific material in such records if the health professional responsible for the mental health services concerned has made a determination in writing that such access would be detrimental to such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s health, except that such material may be made available to a similarly licensed health professional selected by such [person](/usc/42/1320a–7k.md?p=d-4-C-i) and such health professional may, in the exercise of professional judgment, provide such [person](/usc/42/1320a–7k.md?p=d-4-C-i) with access to any or all parts of such material or otherwise disclose the information contained in such material to such [person](/usc/42/1320a–7k.md?p=d-4-C-i).
  - (J) The right, in the case of a [person](/usc/42/1320a–7k.md?p=d-4-C-i) admitted on a residential or inpatient care basis, to converse with others privately, to have convenient and reasonable access to the telephone and mails, and to see visitors during regularly scheduled hours, except that, if a mental health professional treating such [person](/usc/42/1320a–7k.md?p=d-4-C-i) determines that denial of access to a particular visitor is necessary for [treatment](/usc/42/11851.md?p=11) purposes, such mental health professional may, for a specific, limited, and reasonable period of time, deny such access if such mental health professional has ordered such denial in writing and such order has been incorporated in the [treatment](/usc/42/11851.md?p=11) plan for such [person](/usc/42/1320a–7k.md?p=d-4-C-i). An order denying such access should include the reasons for such denial.
  - (K) The right to be informed promptly at the time of admission and periodically thereafter, in language and terms appropriate to such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s condition and ability to understand, of the rights described in this section.
  - (L) The right to assert grievances with respect to infringement of the rights described in this section, including the right to have such grievances considered in a fair, timely, and impartial grievance procedure provided for or by the [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4).
  - (M) Notwithstanding [subparagraph (J)](#1-J), the right of access to (including the opportunities and [facilities](/usc/42/11049.md?p=4) for private communication with) any available—
    - (i) rights protection service within the [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4);
    - (ii) rights protection service within the [State](/usc/42/9412.md?p=2) mental health system designed to be available to such [person](/usc/42/1320a–7k.md?p=d-4-C-i); and
    - (iii) qualified advocate;

    for the purpose of receiving assistance to understand, exercise, and protect the rights described in this section and in other provisions of law.

  - (N) The right to exercise the rights described in this section without reprisal, including reprisal in the form of denial of any appropriate, available [treatment](/usc/42/11851.md?p=11).
  - (O) The right to referral as appropriate to other providers of mental health services upon discharge.
- (2)
  - (A) The rights described in this section should be in addition to and not in derogation of any other statutory or constitutional rights.
  - (B) The rights to confidentiality of and access to records as provided in subparagraphs [(H)](#1-H) and [(I)](#1-I) of paragraph (1) should remain applicable to records pertaining to a [person](/usc/42/1320a–7k.md?p=d-4-C-i) after such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s discharge from a [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4).
- (3)
  - (A) No otherwise eligible [person](/usc/42/1320a–7k.md?p=d-4-C-i) should be denied admission to a [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4) for mental health services as a reprisal for the exercise of the rights described in this section.
  - (B) Nothing in this section should—
    - (i) obligate an individual mental health or health professional to administer [treatment](/usc/42/11851.md?p=11) contrary to such professional’s clinical judgment;
    - (ii) prevent any [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4) from discharging any [person](/usc/42/1320a–7k.md?p=d-4-C-i) for whom the provision of appropriate [treatment](/usc/42/11851.md?p=11), consistent with the clinical judgment of the mental health professional primarily responsible for such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s [treatment](/usc/42/11851.md?p=11), is or has become impossible as a result of such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s refusal to consent to such [treatment](/usc/42/11851.md?p=11);
    - (iii) require a [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4) to admit any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who, while admitted on prior occasions to such [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4), has repeatedly frustrated the purposes of such admissions by withholding consent to proposed [treatment](/usc/42/11851.md?p=11); or
    - (iv) obligate a [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4) to provide [treatment services](/usc/42/300x–34.md?p=7) to any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who is admitted to such [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4) solely for diagnostic or evaluative purposes.
  - (C) In order to assist a [person](/usc/42/1320a–7k.md?p=d-4-C-i) admitted to a [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4) in the exercise or protection of such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s rights, such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s attorney or legal [representatives](/usc/42/3058f.md?p=5) should have reasonable access to—
    - (i) such [person](/usc/42/1320a–7k.md?p=d-4-C-i);
    - (ii) the areas of the [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4) where such [person](/usc/42/1320a–7k.md?p=d-4-C-i) has received [treatment](/usc/42/11851.md?p=11), resided, or had access; and
    - (iii) pursuant to the written [authorization](/usc/42/4370m.md?p=3) of such [person](/usc/42/1320a–7k.md?p=d-4-C-i), the records and information pertaining to such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s diagnosis, [treatment](/usc/42/11851.md?p=11), and related services described in [paragraph (1)(I)](#1-I).
  - (D) Each [program](/usc/42/274l–1.md?p=4) and [facility](/usc/42/11049.md?p=4) should post a notice listing and describing, in language and terms appropriate to the ability of the [persons](/usc/42/1320a–7k.md?p=d-4-C-i) to whom such notice is addressed to understand, the rights described in this section of all [persons](/usc/42/1320a–7k.md?p=d-4-C-i) admitted to such [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4). Each such notice should conform to the format and content for such notices, and should be posted in all appropriate locations.
- (4)
  - (A) In the case of a [person](/usc/42/1320a–7k.md?p=d-4-C-i) adjudicated by a court of competent jurisdiction as being incompetent to exercise the right to consent to [treatment](/usc/42/11851.md?p=11) or experimentation described in subparagraph [(D)](#1-D) or [(E)](#1-E) of paragraph (1), or the right to confidentiality of or access to records described in subparagraph (H) or (I) of such paragraph, or to provide [authorization](/usc/42/4370m.md?p=3) as described in [paragraph (3)(C)(iii)](#3-C-iii), such right may be exercised or such [authorization](/usc/42/4370m.md?p=3) may be provided by the individual appointed by such court as such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s guardian or [representative](/usc/42/3058f.md?p=5) for the purpose of exercising such right or such [authorization](/usc/42/4370m.md?p=3).
  - (B) In the case of a [person](/usc/42/1320a–7k.md?p=d-4-C-i) who lacks capacity to exercise the right to consent to [treatment](/usc/42/11851.md?p=11) or experimentation under subparagraph [(D)](#1-D) or [(E)](#1-E) of paragraph (1), or the right to confidentiality of or access to records described in subparagraph (H) or (I) of such paragraph, or to provide [authorization](/usc/42/4370m.md?p=3) as described in [paragraph (3)(C)(iii)](#3-C-iii), because such [person](/usc/42/1320a–7k.md?p=d-4-C-i) has not attained an age considered sufficiently advanced under [State](/usc/42/9412.md?p=2) law to permit the exercise of such right or such [authorization](/usc/42/4370m.md?p=3) to be legally binding, such right may be exercised or such [authorization](/usc/42/4370m.md?p=3) may be provided on behalf of such [person](/usc/42/1320a–7k.md?p=d-4-C-i) by a [parent](/usc/42/1396a.md?p=k-3) or legal guardian of such [person](/usc/42/1320a–7k.md?p=d-4-C-i).
  - (C) Notwithstanding subparagraphs [(A)](#4-A) and [(B)](#4-B), in the case of a [person](/usc/42/1320a–7k.md?p=d-4-C-i) admitted to a [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4) for the purpose of receiving mental health services, no individual employed by or receiving any remuneration from such [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4) should act as such [person](/usc/42/1320a–7k.md?p=d-4-C-i)’s guardian or [representative](/usc/42/3058f.md?p=5).

## Source credit

(Pub. L. 96–398, title V, § 501, Oct. 7, 1980, 94 Stat. 1598.)