Patient Rights
Eastern State Hospital believes that patient privacy and confidentiality are of primary importance during treatment. Confidentiality is the basis of therapy and the patient has the right to control access to information concerning treatment and to have his/her personal privacy assured and protected within the constraints of the treatment plan. It is the policy of Eastern State Hospital to maintain confidential information according to state law as well as the policies and procedures of the Department of Social and Health Services. For patients to receive appropriate treatment and continuity of care, information may be shared among treating agencies and others as allowed by law and necessary for continuity of care. In addition, during treatment at Eastern State Hospital, state and federal law protect patients to ensure they are given care, treatment and privileges that enhance their dignity, promote their welfare, and protect their civil rights.
Rights Belonging to All Patients:
These rights are based on state and federal laws: Revised Code of
Washington (RCW) 71.05, 10.77 and 42 Code of Federal Regulations (CFR) 482.13
Basic Rights
1. To be treated with dignity, courtesy and respect.
2. To safe care and a humane environment that provides protection from harm.
3. To identify and have access to a support person of your choice during your stay subject to the patients’ visitor policy.
4. To the services of a signing or language interpreter, if needed, both to understand these rights and to participate in planning the care and treatment provided for you. That includes periodic revisions to the initial plan.
5. To be free from all forms of abuse or harassment, including neglect as a form of abuse.
6. To have impartial access (without discrimination) to appropriate care and individualized treatment regardless of race; religion; language; gender identity or expression; sex; sexual orientation; ethnicity or national origin; age; sensory, mental, or physical disability; socioeconomic status or source of financial support; culture; color; or creed.
7. Not to be presumed incompetent (i.e., the loss of some or all of your civil rights) because you are or have been in a state psychiatric hospital. To dispose of property and sign contracts (unless a court proceeding directed to that particular issue has taken away that right).
8. To have the rules and regulations explained to you. On admission, you will have your rights explained to you and you will receive a copy. These rights are posted on each ward.
9. To have a family member or representative of your choice, as well as your own physician, promptly notified of your admission to the hospital.
Access to Professional Staff
10. To be told the names and professions of the members of your treatment team, other clinical staff and what they do.
11. To discuss with treatment staff the reason for any transfer (prior to the transfer) to another program or ward or for any transfer to another hospital and to learn who will be in charge of your care and treatment.
12. To request the opinion of a consultant (mental health professional) at your expense. You may also request an in-house review of your treatment plan at no charge to you.
13. To talk to a priest, rabbi, minister, or religious person of your choice. To get this help, call the religious coordinator’s office (or ask a treatment team member for help).
Treatment
14. To an individualized treatment plan with scheduled reviews, appropriate revision, and a description of services needed after discharge.
15. To be provided with a reasonable explanation of that plan in terms and language appropriate to your condition and ability to understand including:
a. Your general mental and physical condition.
b. The treatment objectives.
c. The nature of recommended treatments and significant adverse (unpleasant) effects, if any
d. The reason why particular treatments are considered appropriate, their risk(s) and benefits.
e. Any appropriate and available alternative treatments, services, and types of providers
f. An up-to-date list of all of your current medications
16. To the assessment and management of pain regardless of cause or severity.
17. To request or refuse treatment within the limits of the law.
18. To be informed about the outcomes of care so you, and or your family, are able to participate in treatment decisions. This includes the right to know when something goes wrong with your care.
19. To obtain information contained in your medical record within a reasonable time, to request changes to that record, and to receive a list of people or places receiving information from your medical record, except when any of these actions is prohibited by law.
The Right to Express and Be Heard
20. To exercise all your rights without reprisal (negative consequences), including the right to file complaints, to have them considered in a fair and timely procedure provided at the hospital. Complaint forms are available on each ward.
21. To write the chief executive officer about any hospital problems or complaints that you cannot solve with your treatment team.
22. To have access to attorneys (public defenders, Disability Rights Washington, or hospital contract attorneys), courts, and other legal redress assistance. This includes reasonable contact with these attorneys by telephone. Their telephone numbers are on ward bulletin boards.
23. To refer a problem to the Hospital Ethics Committee for review. To do this, contact any member of your treatment team or the patient advocate and/or ombuds whose telephone number is posted on the bulletin boards.
24. To request release and, if your request is denied, to have access to attorneys and courts for other legal redress (assistance).
The Right to Choose
25. To be free from restraint or seclusion in the hospital except when necessary to prevent harm to yourself or others and less restrictive interventions are not effective.
26. To refuse consent to the performance of electroconvulsive therapy (shock treatment), unless ordered by a court of law after a hearing where you are present and represented by counsel.
27. Not to have psychosurgery (such as lobotomy) performed under any circumstances.
28. To refuse any surgery, except for emergency lifesaving procedures.
29. To prepare an advance health care directive.
Compensation for Employment
30. To be paid appropriately for work you do as part of your treatment plan. This does not include personal upkeep of your living quarters. Work done will be in keeping with appropriate state and federal regulations.
The Right to Privacy
31. To be protected from invasion of privacy. You also have the right to have all your records kept confidential (private) and only released to you, or someone else with your consent (or that of your guardian, if any), except as permitted by state and federal law.
32. To know what use will be made of films, video, photographs, and tape recordings of you when these types of recordings or techniques are used in your treatment. Pictures and/or recordings cannot be made without your permission except for an admission photograph, which may be updated at times.
33. To refuse to take part in a research project without affecting your regular treatment in the hospital. You may take part in research with voluntary informed consent (your permission). You have the right and opportunity to withdraw such consent at any time. This does not include data collected for treatment, utilization review, or quality improvement purposes.
Your treatment team may limit the following rights (33 through 39). If they do so, the reasons will be discussed with you and/or your appointed guardian, and will be a part of your treatment plan. The clinically responsible staff will review the restrictions at least every seven days. The reasons for your restrictions will be documented in your medical record. You have the right to the following, as long as the exercise of these rights does not constitute a safety/security issue, create a danger to yourself or others, or interfere with the rights of others or with your treatment. The Forensic Services Unit has additional safety and security requirements that may limit these rights further than on other hospital units.
Rights Which Depend on Your Treatment Needs
34. To wear your own clothes and use your own possessions.
35. To keep and be allowed to spend a reasonable sum of your own money for canteen (coffee shop) expenses and small purchases.
36. To have your identified support person, family or domestic partner (either gender), and others (e.g., your lawyer, friends, etc.) visit you during visiting hours.
37. To have reasonable access to a telephone and to make and receive confidential (private) calls.
38. To send and receive mail without examination by staff. If staff reasonably suspects contents are illegal or harmful to your treatment, you may have to open the mail in the presence of staff. No one can restrict the number of letters to and from your attorney or private physician.
39. To privacy with regard to personal needs.
40. To have access to individual storage space for your private use.
Voluntary Patient
In addition to the rights listed above, you or your guardian should know that you also have the right:
41. To immediate release unless involuntary commitment proceedings are initiated, or you have a jail hold.
Involuntary Patient (Civil Commitment)
You and your guardian should know that as a patient in a psychiatric hospital, you also have the right:
42. To a court hearing within 72 hours of detention excluding Saturdays, Sundays, and holidays to determine whether probable cause exists to detain you for a further period of up to 14 days.
43. To communicate immediately with an attorney. If you cannot afford an attorney, you have the right to have an attorney appointed to represent you before and at such hearing.
44. To remain silent and to be told that any statement you make at any time may be used in the involuntary commitment proceedings.
45. To present evidence and to cross-examine witnesses who testify against you at the hearing.
46. To be given the option to refuse psychiatric medication beginning 24 hours prior to any court hearing. Also, to the extent the law allows, you have the right to refuse medication at other times. If you do refuse medications, you will be told the medical and legal consequences, and they will not be administered except as authorized by the law. If there is a court hearing, an attorney will be appointed at no charge to you if you are indigent (without funds).
47. To apply for voluntary admission for treatment but that application may be refused if not considered in good faith.
You may also contact the Office of Civil Rights for more information at https://www.hhs.gov/ocr/index.html.
Patients who feel their rights have been violated may communicate their complaint to their treatment team, to management via the patient complaint system or to the patient advocate.