DO VOLUNTARY ADMISSIONS REALLY EXIST?

A true ‘voluntary’ admission means that you are free to leave a facility upon your request with no limitations or restrictions. These types of admissions do exist but they are far and few.

The majority of voluntary admissions are conditional.  Most people who have signed themselves into a facility have done so by signing an application called a “CONDITIONAL” Voluntary Admission.   In order for a facility to accept a patient’s Conditional Voluntary application the patient needs to meet some criteria. These criteria include the following:

• Patient understands they are at the facility for the treatment of a mental illness;

• Patient understands that the facility gets to decide if they can have off-site privileges. The facility may also limit the time, frequency and with whom the patient may enjoy these privileges; and

• Patient understands that if they want to be discharged from the facility, they need to provide the hospital with a written “Three-Day Notice” of their intent to be discharged. This is three BUSINESS days not just three consecutive days. The hospital can either agree to this discharge OR they can petition the court to commit the person for up to six (6) months.

By signing this form, you are telling the facility that you are agreeing to stay at the facility, that you are willing to work with the facility and that you will stay until the facility and you (the patient) agree you are ready to be discharged. IF the facility rejects your offer of converting to a conditional voluntary, they must state a reason for rejecting your application.

Have questions or concerns about mental health litigation? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

WHAT RIGHTS DO YOU HAVE WHILE A PATIENT AT A MENTAL HEALTH FACILITY?

While patients at inpatient mental health facilities do not have all the same rights that people have in the community, certain basic rights are protected. We will discuss SOME of the rights protected by the Massachusetts statute commonly called G.L. c. 123 s. 23 below.

FIRST, you have the right reasonable access to a telephone to make and receive confidential telephone calls. If you have trouble making your telephone calls, you can ask for and have a reasonable expectation to assistance when desired and necessary to implement such right.

SECOND, you have the right to “send and receive sealed, unopened, uncensored mail; provided, however, that the superintendent or director or designee of an inpatient facility may direct, for good cause and with documentation of specific facts in such person's record, that a particular person's mail be opened and inspected in front of such person, without it being read by staff, for the sole purpose of preventing the transmission of contraband.”

THIRD, you have the right to have access to reasonable quantities of writing materials and postage stamps. If you ask for reasonable assistance the staff at the facility shall provide it to you in the form of writing, addressing and posting letters and other documents upon request.

FOURTH, you have the right to have visitors daily, and in private, at reasonable times.

** The facility may limit visitors due to the pandemic and other safety concerns.

FIFTH, you have the right to a humane psychological and physical environment.

**“Each such person shall be provided living quarters and accommodations which afford privacy and security in resting, sleeping, dressing, bathing and personal hygiene, reading and writing and in toileting. Nothing in this section shall be construed to require individual sleeping quarters.”

SIXTH, you have the right to reasonable daily access to the outdoors, as weather conditions reasonably permit, at inpatient facilities in a manner consistent with the person's clinical condition and safety as determined by the treating clinician and with the ability of the facility to safely provide access.

The First, Third and Sixth items listed above MAY BE temporarily suspended, by specific designated people at the facility, if the patient’s exercise of such right would present a substantial risk of serious harm to such person or others and that less restrictive alternatives have either been tried and failed or would be futile to attempt. The suspension shall last no longer than the time necessary to prevent the harm and its imposition shall be documented with specific facts in such patient's record.

Otherwise, the facility should not deny a person these rights because they are exercising a protected choice, such as refusing medication. Additionally, a facility should not deny these rights as a form of punishment.

Have questions or concerns about mental health litigation? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

DO VOLUNTARY ADMISSIONS REALLY EXIST?

A true ‘voluntary’ admission means that you are free to leave a facility upon your request with no limitations or restrictions. These types of admissions do exist but they are far and few.

The majority of voluntary admissions are conditional.  Most people who have signed themselves into a facility have done so by signing an application called a “CONDITIONAL” Voluntary Admission.   In order for a facility to accept a patient’s Conditional Voluntary application the patient needs to meet some criteria. These criteria include the following:

• Patient understands they are at the facility for the treatment of a mental illness;

• Patient understands that the facility gets to decide if they can have off-site privileges. The facility may also limit the time, frequency and with whom the patient may enjoy these privileges; and

• Patient understands that if they want to be discharged from the facility, they need to provide the hospital with a written “Three-Day Notice” of their intent to be discharged. This is three BUSINESS days not just three consecutive days. The hospital can either agree to this discharge OR they can petition the court to commit the person for up to six (6) months.

By signing this form, you are telling the facility that you are agreeing to stay at the facility, that you are willing to work with the facility and that you will stay until the facility and you (the patient) agree you are ready to be discharged. IF the facility rejects your offer of converting to a conditional voluntary, they must state a reason for rejecting your application.

Have questions or concerns about mental health litigation? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

5 THINGS TO REMEMBER IF YOU ARE EVER “PINK -SLIPPED” OR INVOLUNTARILY ADMITTED

If you are “Pink-Slipped” or Involuntarily Admitted to a facility a lot of things are happening and you need to remember you are still owed some rights.

Here are five things to remember …

FIRST

If the application for your Involuntary Hospitalization is not made by a “designated physician”, the facility MUST conduct a psychiatric examination within TWO HOURS of your arrival at the facility.

*If the designated physician is involved in an emergency this two-hour time line can be extended.

SECOND

This designated physician can only admit you if they find:

a.       Failure to hospitalize you would create a

b.       “likelihood of serious harm” and

c.       That you have a mental illness

THIRD

Upon your admission to the facility, you have the following rights:

a.       Informed of your rights while in the facility;

b.       Informed that the facility can only keep for 3 BUSINESS days maximum, unless they file a petition before the 3 BUSINESS expire to commit you;

c.       A psychiatric and physical examination within 24 hours of your arrival; and

d.       Right to counsel – as soon as you request an attorney the facility needs to notify the appropriate state agency.

FOURTH

You also have the Right to convert your status to a conditional voluntary at any time if you meet the criteria.

By signing this form, the facility considers you to have capacity to make the decision to admit yourself to the facility as a voluntary patient. If you sign this form, you do not have the right to leave the facility whenever you want. As a conditional voluntary patient, you remain on this status, until the hospital decides to discharge you, you ask to leave by filing a "three-day notice," or the hospital decides to pursue commitment.

FIFTH

You also have the Right to an emergency hearing if the facility has abused or misused their authority.  This hearing is mandatory unless the request is “patently frivolous” on its face. You have the right to be present at this hearing and to be heard.

Have questions or concerns about mental health litigation? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

PROPER LANGUAGE HELPS EASE THE STIGMA OF HAVING A MENTAL HEALTH ILLNESS

Mental illness is common but it is often misunderstood. Many people make generalities about mental illness. They tend to think that all mental illnesses are the same. A particular mental illness may tend to show a certain range of symptoms, not everyone will experience the same symptoms - for example many people with schizophrenia may hear voices, while others may not.  Mental illnesses are not purely 'psychological' and can have many physical features. While a mental illness may affect a person's thinking and emotions, it can also have strong physical effects such as insomnia, weight loss or gain, increase or loss of energy, chest pain and nausea.

When you are told for the first time that you have a mental health diagnosis, it’s hard to understand what that means. Many people instantly think of how mental health issues are portrayed in movies and on television.  Many are scared of how others will now treat them. They struggle with comprehending what this diagnosis means for their day to day life. Will they get better or will it get worse? Is there a way to cure and/or mitigate the diagnosis? Are they now considered “crazy”?

Sometimes it is harder for the individual to share with their family and friends their diagnosis than being told about the diagnosis.  Words matter.  When a loved one tell you about their diagnosis, be mindful of your response and what words you use to respond. It was not easy for them to share this information with you and how you respond is going to set the tone for any future relationship you may have with them.  It is important to remember that your loved one is the same person – they are just dealing with a diagnosis. Do not make the mistake of thinking that this individual is now their diagnosis.  

Always think of the individual first. This will help you minimize making stereotypes and assumptions. Your loved one needs support but sometimes they don’t know what type of support or how much they need. Be understanding while they work out their needs. They need to figure out how to deal with their symptoms and what their goals are in regards to their diagnosis.  

Try and remind them of their strengths and the positives in their life. “You are a sister. You are a teacher. You are a person living with Bipolar Disorder. You are a support for the community via all of your volunteer work.” 

Negative language reinforces discrimination and isolation in society. Try avoid making negative comments even as a joke. Try and be mindful of not using derogatory adjectives such as “crazy,” “bonkers,” and “wacko.” Don’t make the individual a victim of the disease “suffers from mental illness” or “is a victim of mental illness.”

People who live with mental health issues are strong. Their strength may not be overt but it takes strength to get and make it through the day each day when you have to put in extra effort that no one else is aware of. Be supportive in your words and in your actions.

Have questions or concerns about your loved one? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com