Mental Health Rights in Florida

mental health rights in Florida Phone 727-686-1852 to get help from an experienced advocate with your mental health rights in Florida.

  • The right to say NO.
  • Help for children.
  • Involuntary commitment rights.
  • Preventing Elder Abuse.
  • Help for individuals.

Mental health rights in Florida largely revolve around the Florida Statute 381.026 Florida Patient’s Bill of Rights and Responsibilities. Under this statute, the patient is guaranteed such rights as individual dignity, the right to information, “the right to a prompt and reasonable response to questions and requests”, “the right to be given by the health care provider information concerning diagnosis, planned course of treatment, alternatives, risks and prognosis”, full information and necessary counseling on the availability of known financial resources for his or her care ”A patient has the right to express grievances regarding any violation of his or her rights, as stated in Florida law, through the grievance procedure of the health care provider or health care facility which served him or her and to the appropriate state licensing agency” and more.

In order to get information quickly that relates specifically to your situation, you may want to speak with a mental health rights advocate. Otherwise, you can consult the Florida law on patient’s rights, as it does provide a number of points that can help to protect your mental health rights in Florida.

You do have the right to say NO to the proposed treatment and to find an alternative treatment for the symptoms that you are experiencing.

Children are vulnerable in the field of mental health because they can tend to exhibit behavior that the mental health professionals feels is inappropriate and yet, it may be a result of being a child. There is even a Florida infant mental health program that diagnoses infants as having mental health problems and all this is done without medical tests to back up the practice of diagnosing. Children have been shown to have medical conditions that range from nutritional deficiencies, allergies, hormone problems, thyroid problems, rare blood diseases, tumors and other medical situations that can be evidenced with a thorough physical examination. Parents always have the right to avail themselves of that thorough exam for their child, of the medical tests, and of the traditional alternative treatments that remedy the cause and the symptoms.

The Florida statute on patient’s rights, mentioned above, assures this right.

Involuntary commitment rights are a bit more intricate then the straightforward rights of a patient. The rights under the Florida Baker Act do exist and do include the right to decline treatment and opt for alternative treatment, and because the Baker Act is a legal action, there are legal, more court oriented rights assured to these individuals. For example, the patient has the right to hire an attorney to represent them; they have the right to query the court as to why they are being held against their will. They, additionally, have the right to appoint a representative for the duration of the time they are being held in the facility.

Preventing elder abuse is increasingly complex as many elders are deemed incapacitated and their daily functions, living arrangements and finances are put in the hands of a guardian who may not have known them for more than a few hours or days. When dealing with an elder who may not be doing well, it may be wise to get in touch with a mental health rights advocate as early on as possible to understand your rights, your elder’s rights and how to prevent any abuse of those rights.

Help for individuals, children and the elderly comes in the form of factual information. Information that empowers them to assert their will and their own decisions. It is possible, even in the most difficult of cases to get the facts, find the source of those facts and assert them.

With the growing use of mental health drugs as a “remedy” to solve so much in our communities, from drug abuse, to loss of a loved one to our military personnel who serve our country so courageously, mental health is big business and the odds are that it will touch almost every individual’s life in some way, even if it is via a friend or relative.

Information is the key to mental health rights in Florida and the timing on it is optimum if it occurs prior to any problem.




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