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Rights and Privacy Issues

Position Statement 24: Seclusion and Restraints

Policy Position

Seclusion and restraints have no therapeutic value, cause human suffering, and frequently result in severe emotional and physical harm, and even death. Therefore, as a matter of fundamental policy, Mental Health America (MHA) urges abolition of the use of seclusion and restraints and prohibition of the use of sedatives and other medications as chemical restraints.

Corrections

Position Statement 26: Participant Protections in Psychiatric Research

Policy Position

Mental Health America (MHA) is dedicated to promoting mental health, preventing mental health and substance use disorders and achieving victory over mental illnesses and substance abuse and dependency through advocacy, education, research and service. One of MHA’s goals is the development of a broad-based national research agenda that includes basic research, diagnostic and treatment research, services research and prevention research.

Position Statement 21: Rights of People with Mental Health and Substance Use Conditions

Policy Position

Mental Health America is committed to the principles of human and civil rights inherent in the concept of equal justice under the law.

Position Statement 23: Psychiatric Advance Directives

Policy Position

Psychiatric advance directives permit people to determine what treatment they will receive if and when they lose the capacity to make treatment decisions. Mental Health America supports and promotes the use of psychiatric advance directives as a tool for the expression of an individual's free will and self-determination in coping with mental health and substance use conditions. State laws regulate advance directives, and compliance is strongly advised.  Resources include:

Position Statement 25: Community Inclusion after Olmstead

Policy Position

As elaborated in Position Statement 31, Mental Health America ("MHA") believes that people in recovery from mental illness or addiction need an array of integrated services that includes, in particular, access to paid employment. This is especially true for people residing in and transitioning from treatment facilities, who must be prepared for life outside of the facility.

Position Statement 22: Involuntary Mental Health Treatment

Policy Position

Mental Health America (MHA) believes that effective protection of human rights and the best hope for recovery from mental illness comes from access to voluntary mental health treatment and services that are comprehensive, community-based, recovery-oriented and culturally and linguistically competent.

Position Statement 27: Standards For Management of and Access to Consumer Information

Policy Position

Mental Health America (MHA) supports careful implementation and clarification of the standards of confidentiality incorporated in the Health Information Portability and Accountability Act of 1996 ("HIPAA"), with the following additions:  flexibility in emergency situations; requirement of minor assent as well as parental consent; appointment of a guardian when needed; mandatory reporting of child and elder abuse; lack of confidentiality in custody disputes; exceptions for court orders; and special protection of treatment re

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