New Hampshire Code of Administrative Rules He-M §311.06

“Treatment rights under the division of mental health and developmental services regulations”

Clients of state mental health facilities have the right to adequate and humane treatment including:

• The right to access treatment including:
  • The right to evaluation to determine an applicant’s need for services and to determine which programs are most suited to provide the services needed;
  • The right to receive necessary services subject to the admission and eligibility policies and standards of each facility; and
  • The right to receive services without regard to race, color, age, religion, sex, national origin, type of severity of disability, sexual orientation or inability to pay;
• The right to quality treatment;
• The right to receive all services or treatment in accordance with the time frame set forth in the client’s individual service plan;
• The right to an individual service plan;
• The right to receive service and treatment in the least restrictive alternative or environment necessary to achieve the intended purpose of treatment including services and treatment which least restrict freedom of movement, informed decision-making, and participation in the community while providing the level of security and support needed by the client;
• The right to be in the served in the least restrictive program of facility and also the least restrictive setting within a program or facility;
• The right to be informed of all significant risks, benefits, side effects and operative treatments and services and to give consent to any treatment, placement or referral;
• The right to refuse to participate in any form of experimental treatment or be research;
• The right to be fully informed of one’s own diagnosis or prognosis;
• The right to prompt medical care and treatment as the person’s condition requires;
• The right to consultation and second opinion;
• The right, upon request, to have one a guardian, representative, attorney, family member, friend, advocate, or consultant present at any treatment meeting requiring client participation and informed decision-making;
• The right to refuse medication and treatment except emergency treatment;
• The right to freedom from restraint including the right to be free from seclusion and physical, mechanical or pharmacological restraint; and
• The right to be a safe, sanitary and humane living environment.