Client Rights: Limitation or Denial

People receiving inpatient services funded by the state or county for mental health, a developmental disability, or substance use may have certain rights limited or denied.

These rights may be denied for treatment, management, or security reasons.

See a list of patient rights

Rights that may be limited or denied when receiving services

The right to:

• Make and receive phone calls.
• Privacy while using the toilet and bathing.
• Secure storage space.
• See visitors.
• Wear their own clothes and use their own belongings.

Limits on rights can only last for as long as they’re necessary to protect treatment, management, or security. Some limits may be long-lasting if the person receiving services continues to pose a danger to themselves or others.

All limits or denials must be documented

If you’re a service provider limiting or denying a right of a person receiving services, you must document it. Use this form:
Client Rights Limitation or Denial Documentation, F-26100

Staff members must review limits and denials from time to time to make sure they remain necessary. For hospitals accredited by The Joint Commission, staff members must review phone call and visitor limits weekly. They can use the Client Rights Limitation or Denial Documentation form to document the review. They can use this form to document long-lasting limitation or denial reviews:
Client Rights Limitation or Denial Documentation Review Schedule Supplement, F-26100A

Staff members must give copies of the document to:

• The county’s client rights specialist, if the county is paying for or providing the services.
• The facility’s client rights specialist—within two days.
• The person receiving services.

Other rights exceptions

There may be other exceptions to rights not covered by the Wisconsin Patient Rights law. For that reason, staff members do not need to document them as rights limitations or denials. But they do need to document them in the treatment record of the person receiving services.

These include the right to:

• Artistic expression 
  People receiving services can express themselves through art or music unless there is a documented reason why they can’t.
• Bathroom access
  People receiving services must have access to a toilet and a sink. Those who are in seclusion must have access to a toilet and sink every 30 minutes.
• Be informed of care costs
  Service providers must tell the person receiving services at admission how much care will cost, but they can give general, or hourly, costs. Or an estimate of total costs.
• Be informed of rights
  Facilities must inform the people receiving services of their rights during admission, but if the person can’t understand, this can be delayed. People receiving services who stay in long-term care must be informed once a year.
• Be notified of rules and discipline policies
  Rules should be in writing, but staff members can tell people receiving services the rules and the potential outcomes of violating them.
• Buy their own TV, radio, etc.
  People receiving services can buy these unless there is a documented reason why they can’t.
• Community access
  People receiving services can go into the community unless there is a documented reason why they can’t.
• Conduct business
  People receiving services may conduct business if it’s legitimate. It can’t interfere with treatment, the running of the facility, security, or other the rights of other people receiving services.
• Confidential records
  There are specific exceptions to the informed consent requirement.
• Consent to labor that will financially benefit the facility
  People receiving services who work for the facility must agree to it and earn at least minimum wage.
• Decorate their room
  People receiving services can decorate their rooms how they like, but they can’t display offensive or gang-related materials. Facilities can restrict areas where sexually explicit materials may be displayed. For example, on the back of their room door where staff members don’t have to see it.
• Eat for 30 minutes at mealtimes
  People receiving services can use a full half-hour for meals unless there is a documented reason why they can’t.
• Grooming/hygiene items
  People receiving services should have access to these items. But safety concerns may limit that access. For example, staff members may hold on to razors.
• Media access
  People receiving services can use media unless there is a documented reason why they can’t.
• Not be filmed or taped without consent
  Filming or taping requires consent. But a facility can monitor common areas with cameras if they don’t keep the recording. Staff members can take a picture of the person receiving services for the treatment record.
• Not be restrained
  People receiving services can’t be restrained unless it’s an emergency when they may pose a danger to themselves or others. Restraint should only last as long as needed.
• Not be secluded
  People receiving services shouldn’t be left alone unless it’s an emergency when they may pose a danger to themselves or others. Seclusion should only last as long as needed.
• Not receive excessive or unneeded medicine
  Medicine, including its dose, must fit the condition of the person receiving services. If a service provider prescribes a medicine or dose that’s not normal for the condition, they must document it.
• Off-facility exercise
  People receiving services can exercise outside the facility unless there is a documented reason why they can’t.
• Off-facility religious worship
  People receiving services can attend religious ceremonies outside the facility unless there is a documented reason why they can’t.
• Outdoor access
  People receiving services can go outside unless there is a documented reason why they can’t. Staff members can supervise outdoor activities.
• Participate in treatment
  People receiving services can participate in their treatment planning, but their care team makes the final decisions. People receiving services can refuse the treatment or ask for a second opinion.
• Privacy in their room
  Staff members can search the room of the person receiving services if they believe the person has broken a security rule.
• Recreation
  People receiving services can participate in recreational activities unless there is a documented reason why they can’t.
• Refuse treatment or medicine
  People receiving services can refuse all treatment and medicine unless they are court ordered. Or the situation is an emergency.
• Religious worship
  People receiving services can attend religious ceremonies at the facility unless they disturb others.
• Send and receive mail
  People receiving services can send and receive mail. But if staff members believe an incoming piece of mail has contents that are illegal, they can open it.
• Snacks
  People receiving services can have snacks unless there is a documented reason why they can’t.
• Use and own musical instruments
  People receiving services can use and own musical instruments unless there is a documented reason why they can’t. But use of an instrument is subject to time and place limits.
• Use their own money
  People receiving services can use their own money unless there is a reason prohibiting it. Facilities can limit how much cash a person has at a given time.