Why the "Right to make phone calls and have visitors" is so important to mental health patients under the Lanterman Petris Short Act

Allowing patients to stay in touch with loved ones, advocates, regular doctors and therapists is crucial to healing

One of the earliest tactics employed by an abuser aiming to exert control over their victim is isolation.

This insidious practice mirrors the age-old strategy of "divide and conquer," often referred to in psychological contexts as "splitting." In the realm of psychiatric nursing, we recognize this behavior as "staff splitting," where a patient attempts to create discord among healthcare professionals, pitting them against one another.

Isolating a patient from their family and regular doctors can lead to consequences akin to "splitting." This disconnection fosters mistrust and cultivates negative feelings that may not have existed before. The emotional toll can be profound, as it undermines the support system that is crucial for healing.

If a patient is not ready to sign a release of information, and a loved one wants to provide information and medical history, state that you cannot confirm or deny if the patient is in the facility and are not able to provide them any information on patients in the facility. However, you may still collect pertinent information in the event you can confirm or deny the patient's presence in the future.

Isolating a patient against their will serves no beneficial purpose for anyone involved. In fact, it can lead to misdiagnoses and inappropriate treatments, ultimately worsening the patient's condition and exacerbating their symptoms.

The movie "One Flew Over the Cuckoo's Nest", exposed the way psychiatric patients had less rights than incarcerated persons prior to the Lanterman Petris Short Act.

This is precisely why the Lanterman-Petris-Short Act is unequivocal in sections 5325 and 5325.1: every patient, whether they are voluntarily or involuntarily seeking psychiatric treatment, has the fundamental right to obtain treatment in the least restrictive environment possible. This legislation explicitly affirms that patients retain their civil rights, which cannot be stripped away as a form of punishment, a reward to be earned, or a condition of treatment.

From the "Disability Rights California (DRC)" Website, is states:

Under the Lanterman-Petris-Short (LPS) Act and other laws, even if you are receiving treatment involuntarily, you maintain certain patients’ rights. For example, you are statutorily entitled to individualized treatment that is least restrictive of your personal liberties. You have the right to use the telephone and have visitors. WIC § 5325. You also have the same state and federal rights granted to any other citizen while you are receiving treatment, including the right to receive medical treatment and the right to be treated with dignity. WIC § 5325.1.

There are two types of rights in LPS:

(1) rights that can never be denied; and

(2) rights that can be denied, but only if there is “good cause.”

When a right is denied for good cause, it must be denied in the least restrictive way possible. Note: Your rights, and when they may be denied, are described in Chapter 3 of the DRC handbook "Understanding the Lanterman Petris Short Act".

Mental health facilities must also comply with the patients' rights provisions found in the California Welfare & Institutions Code (WIC).

Abusers will isolate their victims from friends, family, and loved ones, as a means to control them

The spirit of the Lanterman-Petris-Short Act was to ensure that individuals seeking mental health treatment were treated with respect and dignity, and that they retained more rights than those incarcerated. The LPS Act intended to guarantee that mental health patients were treated with dignity and afforded the same rights as those without mental health issues. Before the LPS Act, patients in psychiatric hospitals had no means to address violations of their rights. They were frequently isolated, denied contact with friends and family, and even barred from obtaining legal representation.

Furthermore, the Lanterman-Petris-Short Act underscores that patients in any facilities receiving government funding for psychiatric care are entitled to daily visits, access to necessary medical treatment, and the ability to make phone calls. It even stipulates that if a patient encounters difficulties in making a call, staff members are obligated to assist them.

There was a naive belief when the LPS Act was enacted, that family members would take over the care of patients with mental illness. This did not take into account people who don't have family members or a support system.

That is why it is so important on so many levels that a patient's right to be in the least restrictive environment be honored when they are on a 5150 hold. It not only helps the patient feel more supported but having family members present also enables the doctors and providers to gain as much information as possible from the people who know the patient the best. This helps to ensure the patient receives the best treatment.

Moreover, psychiatric patients have the invaluable right to engage with an independent patient advocate—someone who is not affiliated with any government psychiatric programs and is not involved in the patient's clinical care. This advocate serves as a vital resource, ensuring that patients' voices are heard and their rights upheld.

It is important to remember, a 5150 Hold is NOT a punishment! One of the UNDENIABLE RIGHTS listed in the LPS Act is that a mental health patient:

"Has the undeniable right to see and receive the services of a patient advocate who has no direct or indirect clinical or administrative responsibility for the person receiving mental health services."

"The above rights reside with the person, are not affected by conservatorship, and apply to both voluntary and involuntary patients."

WIC §§ 5325, 5325.1

If you feel you or a loved one's rights were violated under the Lanterman Petris Short Act, contact us today at info@patientadvocateofthesierras.com