Know Your Rights: A Plain-Language Guide for Patients and Families at Western State Hospital
Western State Hospital (WSH) in Staunton, Virginia, is a state-operated psychiatric facility under the Department of Behavioral Health and Developmental Services (DBHDS). Patients and their families have specific legal rights designed to protect dignity, safety, and meaningful participation in care. These rights come primarily from Virginia Code § 37.2-400, the Human Rights Regulations (12VAC35-115), facility policies, and accreditation standards from The Joint Commission.
This guide translates the key protections into everyday language. Rights can sometimes be limited for safety or therapeutic reasons, but any restrictions must follow strict rules, be documented, and be reviewable. Knowing these rights helps you advocate effectively.
Core Patient Rights Under Virginia Law (§ 37.2-400)
Every individual receiving services has the right to:
Retain all legal rights provided by state and federal law (you do not lose basic civil rights just because you are receiving psychiatric care).
Receive prompt evaluation and treatment that you are informed about, to the extent you can understand.
Be treated with dignity as a human being and be free from abuse or neglect.
Avoid experimental or investigational research without prior written informed consent (or that of your authorized representative).
Consult a private physician at your own expense, and request an impartial review of hazardous or irreversible treatments (except in true emergencies).
Be treated under the least restrictive conditions consistent with your condition, and not be subjected to unnecessary physical restraint or isolation.
Send and receive sealed letter mail.
Access your medical and clinical records (with limits only when consistent with your condition and sound treatment) and have them kept confidential.
Have an impartial review of any rights violations and access to legal counsel.
Participate, as much as your capabilities allow, in developing and implementing your individualized services plan (treatment plan).
Have a person of your choice notified of your general condition, location, and any transfer.
The Board of Behavioral Health and Developmental Services also sets rules covering diet, housing, religious practice, telephone use, clothing, money and valuables, and participation in treatment decisions.
Dignity, Least-Restrictive Care, and Freedom from Abuse/Neglect/Restraint/Seclusion
You have the right to live in a humane, safe, and sanitary environment with reasonable privacy and personal storage. Providers must respect and support your exercise of rights and may not take them away simply because you have a mental health condition.
Least-restrictive care means staff must use the least restrictive approaches that still keep you and others safe. Seclusion and restraint are strictly limited:
They may be used only in emergencies when less restrictive methods have failed or are not possible.
Prone (face-down) restraint is prohibited.
Use must be documented, time-limited, and reviewed.
You (or your representative) should be involved in planning preferred interventions for crisis situations.
Any restriction on everyday freedoms (visitors, phone, personal items, etc.) that lasts longer than seven days, or is imposed three or more times in 30 days, generally requires Local Human Rights Committee (LHRC) review.
Refusal of Medication and Treatment Participation
You generally have the right to refuse medication or ask for a change. Informed consent is required for many treatments, including psychotropic medications in non-emergency situations. You also have the right to participate meaningfully in decisions about your care and to have a treatment plan that addresses your needs and preferences. Staff must explain your diagnosis, treatment options, risks, and benefits to the extent you can understand.
If you are unable to make informed decisions, there are specific due-process procedures that must be followed.
Communication, Visitation, and Personal Property
Mail: Sealed letter mail to and from anyone.
Telephone: Access to a telephone (subject to reasonable facility rules).
Private conversations: With lawyers, clergy, and others you choose.
Visitors: You have the right to see visitors. Current WSH visiting hours are typically 4:00–8:00 p.m. on weekdays and 10:00 a.m.–8:00 p.m. on weekends, holidays, and non-Learning Center days. Exceptions can sometimes be arranged with the treatment team. Visitors must check in at the Information Center with photo ID; certain items (purses, cell phones, sealed packages, etc.) are restricted for safety.
Clothing and possessions: Right to wear your own clothing and have/use personal possessions (subject to safety screening).
Money and personal affairs: Right to use personal funds and manage personal affairs within facility rules.
Restrictions on these rights must be justified, documented, and periodically reviewed.
How to Get Your Rights Explained and Posted
Staff must explain your rights to you upon admission, and the rights must be posted in the facility for easy viewing. Ask any staff member or your treatment team for a copy of the rights materials or the Patient/Family Brochure if you do not have one.
How to Raise Concerns and Contact the Human Rights Advocate
Start with your treatment team or unit staff. If the issue is not resolved:
Contact the Human Rights Advocate at Western State Hospital: Alejandro Rosa: Alejandro.Rosa@dbhds.virginia.gov
(Confirm the current phone number with hospital staff or the DBHDS Office of Human Rights, as contact details can change with staffing updates.)
The Facility Director and Human Rights Advocate work together to address concerns. You also have the right to an impartial review process through the Local Human Rights Committee (LHRC) and, if needed, the State Human Rights Committee (SHRC).
Additional resources:
disAbility Law Center of Virginia (dLCV) — Virginia’s Protection and Advocacy system under the PAIMI Act: 800-552-3962 or 804-225-2042; info@dLCV.org; www.dlcv.org.
The Joint Commission (WSH is accredited): 800-994-6610 or complaint@jointcommission.org.
DBHDS Office of Human Rights for broader guidance.
Document everything: dates, names, what happened, and what you asked for. Written complaints create a clear record.
Final Note
These rights exist to protect your dignity and support recovery. Restrictions are sometimes necessary for safety, but they are not unlimited. If something does not feel right, speak up early. The Citizens’ Council at Western State Hospital and family advocates can also help amplify patient voices.
This guide is for general information and is not legal advice. Laws and facility policies can be updated, so confirm current details with the Human Rights Advocate or dLCV.
For the full text of § 37.2-400 and the Human Rights Regulations (12VAC35-115) (https://law.lis.virginia.gov/vacodeupdates/title37.2/section37.2-400/),
Also visit the Virginia Legislative Information System (https://lis.virginia.gov/) or
the DBHDS website (https://dbhds.virginia.gov/).
Comments