As a patient at Peak View Behavioral Health you have the following rights to provide you with the fullest measure of care, respect, privacy and dignity at PVBH:
- YOUR TREATMENT: You will be examined to determine your mental condition. We believe that if you understand and participate in your evaluation, care, and treatment, you may achieve better results. The staff has a responsibility to give you the best care and treatment possible and available and to respect your rights
- NO DISCRIMINATION: You have the right to the same consideration and treatment as anyone else regardless of race, color, national origin, religion, age, sex, political affiliation, financial status or disability.
- YOUR LAWYER: You have the right to retain and consult with an attorney at any time. If you are here involuntarily, the court will appoint an attorney for you (at your own expense, if you are found able to afford one).
- TELEPHONES: You have the right to have reasonable and frequent access to telephones, both to make and receive calls in privacy.
- LETTERS: You have the right to receive and send sealed letters. No incoming or outgoing letters shall be opened, delayed, held or censored by the personnel of the facility.
- WRITING MATERIALS: You have the right to have access to letter writing materials, including postage. They will be provided, if needed. If you are unable to write, members of the facility will assist you to write, prepare, or mail correspondence.
- VISITORS: You have the right to frequent and convenient opportunities to meet with visitors. The facility may not deny visits by the clients attorney, religious representative or physician at any reasonable time; and to have privacy to maintain confidentiality of communication between a patient and spouse or significant other, family member(s), staff member(s), attorney, physician, certified public accountant and or religious representative.
- CLOTHING AND POSSESSIONS: You have the right to wear your own clothes, keep and use your own possessions and keep and be allowed to spend a reasonable sum of your own money.
- REFUSAL OF MEDICATIONS: You have the right to refuse to take psychiatric medications, unless you are an imminent danger to yourself or others or the court has ordered medications.
- FINGERPRINTS: You have the right not to be fingerprinted, unless it is required by law.
- PHOTOGRAPHS: You have the right to refuse to be photographed except for hospital identification purposes.
- CERTIFICATION: If you are an involuntary patient, you have the right to a review of your certification or treatment by a judge or jury, and you may ask the court to appoint an independent professional person (psychiatrist or psychologist) to examine you and to testify at your hearing.
- TRANSFERS: If you are certified, you have the right to twenty-four (24) hour notice before being transferred to another designated or placement facility unless an emergency exists. You also have the right to protest any transfer to the court; the right to have the transferring facility notify whom you wish about the transfer, and the right to have the facility notify up to two persons designated by you about your transfer.
- SIGNING IN VOLUNTARILY: You have the right to accept treatment and sign in voluntarily, unless reasonable grounds exist to believe you will not remain a voluntary patient.
- LEAST RESTRICTIVE TREATMENT: You have the right to receive medical and psychiatric care and treatment in the least restrictive treatment setting possible, suited to meet your individual needs and is subject to available resources.
- CONFIDENTIALITY: You have the right to confidentiality of your treatment records except as required by law.
- ACCESS TO MEDICAL RECORDS: You have the right to see your medical records at reasonable times. (State of Colorado, CDHS, MHS form M-2) To request and receive a copy of your medical records, request they be amended or corrected as provided by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and if denied access, to be given the legal reasons upon which the request was denied and have documentation of such placed in the medical record.
- VOTING: You have the right to the opportunity to register and vote by absentee ballot in primary and general elections. The staff shall assist each person in obtaining voter registration forms and applications for absentee or mail ballots, and in complying with any other prerequisite for voting.
- RESTRICTIONS: A patient’s rights may be limited or denied for good cause by the professional person providing treatment as follows:
A physician providing treatment may deny only the rights enumerated in section 19.311, B, 1-5 C.R.S., including the following:
- Each denial of a person’s right shall be made on a case by case basis and the reason for denying the right shall be documented in the clinical record and shall be made available, upon request, to the person or his/her attorney.
- Restrictions on rights in Section 19.311, B, 1-5 C.R.S. shall be evaluated for therapeutic necessity on an ongoing basis and the rationale for continuing the restrictions shall be documented at least every seven (7) calendar days.
As set forth in Section 27-65-125, C.R.S., a person’s rights may be limited or denied under court order by an imposition of legal disability or deprivation of right.
Information pertaining to the denial of any right shall be made available, upon request, to the person or his/her attorney.
Any restriction or denial of rights must be written as a time limited physician’s order and the Physician’s progress note must support the order.
20. GRIEVANCES: Grievances or complaints may be submitted to the Colorado Department of Health, the Colorado Division of Mental Health, or the Legal Center Serving Persons with Disabilities. Your patient representative will help you select the proper agency for your complaint or grievance and assist you in preparing the complaint or grievance if you wish. Your patient Representative can be reached at 719-444-8484. The grievance procedure may be found posted in plain view on each unit of the hospital.
You have the following additional rights to:
21. Receive timely information about all of your rights and responsibilities in a form of communication that you and/or your legal representative can understand.
22. Receive a copy PVBH’s Notice of Privacy Practices upon admission.
23. Receive a copy of the Advanced Directives brochure upon request, and to discuss your wishes regarding Advanced Directives with the doctor on the unit.
24. Receive an explanation of:
- Recommended treatment;
- Benefits of treatment, probability of success, mortality risks and any serious side effects;
- Alternatives with a discussion of the benefits,
- Course of treatment, recuperative period and anticipated problems;
- Probable or likely consequences if no treatment is pursued;
- Your ability to withdraw your consent and to discontinue participation in the treatment regimen, unless detained under 27-65-103 et seq the patients consent is not required.
- An explanation if any of your providers are participating in teaching programs, research, experimental and/or educational projects relating to your care
25. Receive written information regarding PVBH’s clinicians and medical staff including their licensure, specialty, work address and phone number, hours of availability and instructions on how to file a grievance/complaint with PVBH and/or the appropriate regulatory agencies, legislative bodies or the media without it causing adverse effects on how PVBH provide services to you.
26. Receive information regarding fees and financial policies via the financial disclosure.
27. Receive a second opinion.
28. Be free from any form of restraint or seclusion used as a means of coercion, discipline, convenience or retaliation.
29. Be free from being forced in any way to perform work.
30. Have an independent advocate, patient advocate, personal representative, legal representative and/or legal guardian participate in your treatment and any aspect of your patients rights.
31. Receive prompt notification of termination or changes in our services or providers.
32. Receive information about creating or using advance directives, including the right to receive services with or without an advanced directive.
33. Receive medically necessary mental health care services in accordance with federal and state regulations.
34. Receive culturally appropriate and competent services.
35. Utilize interpreter services if you have communication disabilities or do not speak English.
36. Be free to exercise all rights without adversely affecting the way the services are provided to you.