Legislators Recognized for Passage of “Fresh Air” Bill

Senator Patricia D. Jehlen (D-Somerville) and Representative Denise Provost (D-Somerville) received awards on Wednesday, April 15, for their work to secure passage of H. 3804, An Act regarding to persons receiving services from programs or facilities of the Department of Mental Health. Known as the “Right to Fresh Air” bill, this law provides a sixth “fundamental right” to patients in mental health facilities – daily access to fresh air and the outdoors.

Senator Jehlen and Representative Provost became the chief sponsors of the Fresh Air bill in 2009, and continued to re-file this legislation until it was enacted by the legislature. After a decade of efforts by advocates, the bill was signed into law by Gov. Deval Patrick on January 7th, 2015. This bill requires that the following addition be made to the statutory list of rights available to psychiatric patients:

“The right to reasonable daily access to the outdoors at inpatient facilities consistent with the person’s clinical condition and safety.”

“These fundamental rights exist so that treatment in mental health facilities succeeds in helping patients progress to a state where they are able to go back to their lives and reenter society,” said Senator Jehlen. “Daily access to the outdoors leads to better lives and faster recoveries.”

Representative Provost noted that “access to fresh air and natural light isn’t just a basic human desire. For those suffering from episodes of mental illness, being able to go out into the natural world is demonstrably therapeutic, speeding the return to mental health.”

The original “Five Fundamental Rights” for those who are in Massachusetts Department of Mental Health programs or facilities include:

1) The right to reasonable access to a telephone to make and receive confidential phone calls.
2) The right to send and receive sealed, unopened, uncensored mail.
3) The right to receive visitors of your own choosing, daily and in private, at reasonable times.
4) The right to have a humane psychological and physical environment including privacy and security in resting, sleeping, dressing, bathing, toileting, and personal hygiene, as well as reading and writing.
5) The right to receive or refuse to receive visits and telephone calls from your attorney or legal advocate, physician, psychologist, clergy member or social worker, at any reasonable time.

– Submitted by State Senator Pat Jehlen’s office