Privacy
Client Rights
Under Florida Statute, Chapters 394 and 397, the rights of persons receiving mental health and/or substance abuse services have been defined. They are reviewed as below. For greater detail regarding client rights, you may request a review of the Florida Statutes at any Outpatient Services office location.
Mental Health Services Rights
Right of Individual Dignity
To be treated with respect at all times;
To be free from abuse and neglect;
To have freedom of movement, unless it has been restricted as a part of your treatment or by a judge.
Right to Treatment
To appropriate treatment, regardless of your ability to pay;
To receive treatment in the least restrictive setting.
Right to Express and Informed Consent
To consent or not to consent to treatment, unless restricted by a judge or in an emergency. If you are under 18 years of age, your guardian must also be asked to give express and informed consent for you. You have the right to be informed about:
The reason for your admission
Your proposed treatment
Any potential side effects of any treatment
Your approximate length of stay
Other possible treatments
To take back any consent to treatment, either verbally or in writing, by you, your guardian or guardian advocates; if necessary, to be provided, through the court, a guardian advocate to make decisions regarding your treatment.
Right to Quality Treatment
To receive services that are skillfully, safely and humanely administered;
To receive appropriate medical, vocational, social, educational and rehabilitative services.
Right to Communication, Abuse Reporting and Visits
To have visitors at reasonable hours, unless visits are restricted as a part of your treatment;
To send and receive mail and use the telephone, unless restricted as a part of your treatment;
To have access to a private telephone to report any possible abuse or neglect to the Florida Abuse Hotline.
Right to the Care and Custody of Personal Effects
To have your personal clothing and belongings, unless restricted as a part of your treatment;
To have a written inventory of any of your personal clothing or belongings that is taken from you.
Right to Vote in Public Elections
To be assisted in registering to vote and voting.
Right to Ask for a Court Order
To question the cause and legality of your being detained.
Right to Clinical Records
To have reasonable access to your own records;
To authorize release of information to people or agencies;
To have your records kept confidential.
Right to Education for Children
To receive education as appropriate and in the least restrictive setting possible in accordance with Chapter 232.01 (1) (e), Florida statutes.
Right to Designate Representatives
To designate a person to receive any required notices.
Right to Participate in Treatment and Discharge Planning
To help make decisions about your treatment and provide written comments on your treatment plan;
To help make plans for your discharge.
Right to Habeas Corpus
At any time, and without notice, a client involuntarily retained by a provider, or the client’s parent, guardian, custodian, or attorney on behalf of the client, may petition for a Writ of Habeas Corpus to question the cause and legality of such retention and request that the court issue a writ for the client’s release.
Exceptions: Court Orders, client’s commission of a crime toward New Horizons staff or property, during an abuse investigation, if a client is determined to be a danger to self or others, during emergencies, for licensing, monitoring and/or accreditation reviews.
Right to Freedom from Abuse, Financial or other Exploitation, Retaliation, Humiliation, and Neglect
New Horizons will ensure that the person served is protected from physical, sexual, psychological, and fiduciary abuse; harassment and physical punishment; and humiliating, threatening, or exploiting actions by our staff while receiving services from our agency. Sexual abuse or harassment may include any gestures, verbal or physical, that reference sexual acts or sexuality or objectify the individual sexually. Fiduciary abuse refers to any exploitation of the persons served for financial gain and could include misuse of the funds of the person served or taking advantage of the provider relationship with the person served.
Substance Abuse Services Rights
Right to Individual Dignity
Your individual dignity must be respected at all times and upon all occasions, including any occasion when you are admitted, retained or transported. Unless you are accused of a crime or delinquent act, you cannot be detained or incarcerated in jail, except for purposes of protective custody. You cannot be deprived of any constitutional right.
Right to Nondiscriminatory Services
You cannot be denied access to substance abuse services solely on the basis of race, gender, ethnicity, age, sexual preference, HIV status; prior service departures against medical advice, disability, and number of relapse episodes, or if you take medication prescribed by a physician. Service providers, who receive state funds to provide substance abuse services, may not, provided space and sufficient state resources are available, deny you access to services based solely on inability to pay. You must be given the opportunity to participate in developing and reviewing your individualized treatment or service plan. You must be in the least restrictive and most appropriate services available, based on your needs and best interests and consistent with optimum care.
Right to Quality Services
You must have services suited to your needs, administered skillfully, safely, humanely, and with full respect for your dignity and personal integrity.
Right to Communication
You have the right to communicate freely and privately with other persons. In order to ensure a substance free environment, close supervision of your communications and correspondence is necessary, particularly in the initial stages of treatment, and the service provider must therefore set reasonable rules for telephone, mail and visitation rights, giving primary consideration to the well-being and safety of clients, staff and the community. You will be informed at the time of admission about the provider’s rules relating to communications and correspondence.
Right to Care and Custody of Personal Effects
You have the right to possess clothing and other personal effects. The service provider may take temporary custody of your personal effects only when required for medical or safety reasons, with an explanation of the reason for taking custody and a list of the personal effects recorded in your clinical record.
Right to Confidentiality of Medical Records
The records of service providers regarding the identity, diagnosis and prognosis of and services to any client are confidential under federal and state laws. Such records may not be disclosed without the written consent of the client to whom they pertain, except that appropriate disclosure may be made without such consent in very limited circumstances. This does not restrict reporting of abuse, neglect or exploitation of children or vulnerable adults, commission of a crime on premises or against staff, or other disclosures required or permitted by federal and state law.
Right to Counsel
You must be informed that you have the right to be represented by counsel in any involuntary proceeding for assessment, stabilization or treatment.
Right to Habeas Corpus
At any time, and without notice, a client involuntarily retained by a provider, or the client’s parent, guardian, custodian, or attorney on behalf of the client, may petition for a writ of Habeas Corpus to question the cause and legality of such retention and request that the court issue a writ for the client’s release.
Exceptions: Court Orders, client’s commission of a crime toward New Horizons staff or property, during an abuse investigation, if a client is determined to be a danger to self or others, during emergencies, for licensing, monitoring and/or accreditation reviews.
Additional Rights include:
Right to Freedom from Abuse, Financial or other Exploitation, Retaliation, Humiliation, and Neglect
New Horizons will ensure that the person served is protected from physical, sexual, psychological, and fiduciary abuse; harassment and physical punishment; and humiliating, threatening or exploiting actions by our staff while receiving services from our agency. Sexual abuse or harassment may include any gestures, verbal or physical, that reference sexual acts or sexuality or objectify the individual sexually. Fiduciary abuse refers to any exploitation of the persons served for financial gain and could include misuse of the funds of the person served or taking advantage of the provider relationship with the person served.