Client rights: General rights in mental health care Information for patients

Clients’ rights

If you begin treatment at a mental health care (GGZ) institution, a number of rules take effect that both you and your practitioner must follow.

There are general rights and specific rights. The latter may differ from one institution to another. They are often laid down in internal regulations, which you can request from the institution. Many general rights are established by law, such as in the laws WPR (Wet Persoonsregistratie), WKCZ (Wet Klachtrecht Cliënten Zorgsector or the Klachtwet), WGBO (Wet op de Geneeskundige Behandelingsovereenkomst), and the AWBZ (Algemene Wet Bijzondere Ziektekosten). The general rights are discussed below.

The general rights for clients cover the following topics:

• Right to treatment and a clear treatment plan;
• Information
• Access to your file
• Privacy
• Participation
• Clients’ obligations
• When your rights may be restricted

Right to treatment and a clear treatment plan

A care provider may treat you only with your consent. This does not have to be in writing; verbal consent also counts. A care provider may also assume that you are giving your consent implicitly. This may be evident, for example, from your behavior. Once treatment has started, a care provider does not need to ask for your consent separately for every part of it. You may always withdraw your consent. You are free to end the treatment at any time.

Your right to treatment and support does not mean that you can always start treatment immediately (for example, due to waiting lists).

If you start treatment, then:

• no one may touch your body or treat you without your consent. The exception is an acute emergency.
• you have the right to a relationship of trust with your care provider, within which they treat you with respect and take you seriously.
• you are entitled to sufficient attention (regular conversations) from care providers. This takes place according to the established treatment plan, to which you have agreed in writing or verbally.
• you may ask for another care provider if you do not have confidence in your current care provider.
• minors aged 16 and over and adults have the right, in principle, to decide fully for themselves about treatment.
• the practitioner must answer your questions.
• you have the right (often at your own expense, incidentally) to ask a second practitioner for advice (a second opinion).
• a practitioner may not enter into a sexual relationship with you. Not even if you take the initiative.

Treatment plan

Agreements about the treatment are recorded in the treatment plan and discussed with the client. The treatment plan must be completed within a reasonable period of time. You will receive a copy, so that you can read it again at home and think along about it.

Treatment begins only after you have agreed to it. You may tell your practitioner what you do not like about the treatment plan. There may be alternatives. If you are unable to reach agreement together, this may result in the treatment being stopped.

The treatment plan is discussed regularly and adjusted if necessary. The practitioner may not simply change the plan. Your consent is required for any change.

Information

The client has the right to good information about the therapy or treatment being offered. Only with sufficient information can you think along and help decide about the treatment and the treatment plan. The law also requires this: you decide together with the care provider what will happen.

The care provider should therefore inform you in understandable terms about, for example:

• the nature of the issues or diagnosis
• the treatment options
• the goal of the treatment
• how long the treatment will last
• the effects and any side effects of prescribed medication.

The law does not contain detailed rules on how the care provider must inform you. Good information is a matter of coordination between practitioner and client. If you do not want to know exactly what is going on or what treatment involves, you may ask your practitioner to tell you the most important things and leave the rest for the time being. If something is unclear, you can always ask the care provider for an explanation. You may ask for the information to be put in writing for you, so that you can read it again at home.

Access to your file

You unquestionably have the right to inspect your records (file). The file contains data such as the results of medical examinations, reports of observations, the treatment plan, reports of conversations, and so on.

You have the right to correct demonstrable errors in your file. You may also add your opinion to the file. The responsible care provider may require that the file be viewed under supervision if they consider this desirable. However, you have the right, upon payment of a fee (maximum 10 euros), to make photocopies of your file so that you can read it through at your leisure.

You may not inspect information in your file concerning others; for example, if your partner or family has spoken with your care provider. That information will be temporarily removed from the file or covered up. The practitioner may also remove working notes.

You are entitled to confidentiality of your data. People who are not directly involved in your treatment may not inspect your file unless you give written permission. The Inspectorate for Mental Health Care may inspect your file, but usually asks your permission first.

The care provider keeps the file for at least 20 years. You may ask them to destroy data earlier. An institution has the right to refuse destruction, among other things if it needs the information from your file for further treatment.

Privacy

Every institution must have a privacy policy. It states your rights and how your data is handled. You can request a copy so that you know what your rights are.

Without your consent, no verbal information about you may be passed on to other institutions or people, including in the case of aftercare. You can give your consent by signing a statement.

Your medical data is protected by the duty of confidentiality that applies to your care provider. No video or audio recordings of you may be made without your (written) consent. If you give consent, you have the right to see or hear the result. The recording must be erased at the next contact, unless you have agreed otherwise. Nor may a ‘one-way screen’ (a mirror behind which the client can be observed without being seen) be used without your consent. You may also require that treatment take place without ‘third parties,’ such as practitioners in training and interns.

Family members and/or contact persons are only entitled to information and consultation about the treatment and care if you agree or if you are unable to decide for yourself.

Clients’ obligations

In addition to rights, clients also have obligations. In order to provide you with good care, from the moment of registration we expect that you:

• inform the practitioner as fully as possible about your symptoms and problems and any previous care you have received, cooperate with the treatment, and follow the care provider’s advice;
• attend scheduled appointments or cancel them in time;
• respect the privacy of others.

When your rights may be restricted

Your rights are removed if a court places you under administration or guardianship, temporarily or permanently. Under administration means that you cannot manage your own benefits, income, or assets. Guardianship goes further: all decisions (including about treatment, place of residence, and money) are made by the guardian.

Restriction

For readability, only information applicable to outpatient care has been included, since the institution provides only this form of care. The information in this brochure is a selection from the information available about the general rights of clients. The institution is not liable for substantive errors or omissions in this brochure. Additional information about our treatment services, way of working, and practical information including costs can be found on the website.