Download Speak Up! Guide PDF

TitleSpeak Up! Guide
LanguageEnglish
File Size5.1 MB
Total Pages417
Document Text Contents
Page 1

Using The
Speak Up! Guide





This resource guide is divided into the following areas by chapters:




Chapter 1: Knowing Yourself



Chapter 2: Communication/Assertiveness



Chapter 3: Problem Solving



Chapter 4: Rules, Rights and Responsibilities



Chapter 5: Self-Advocacy and Self-Determination



Chapter 6: Starting a Self-Advocacy Group



Chapter 7: Being a Part of the Community





The Speak Up! Slide Show can be used to help present information in the
Speak Up Guide. Training scripts for two activities in each chapter are also
provided on this CD-ROM, to assist self-advocates in providing and leading their
own training groups. The training scripts can also be used to accompany the
Slide Show. Additional role plays for most chapters have also been developed
and can be used to supplement the role plays in the Slide Show.

Page 2

1

Speak Up! Guid e








1: Knowin g You rsel f














Published by:
STIR – Steps Toward Independence and Responsibility

and
Shifting the Power,

projects of the
Clinical Center for the Study of Development and Learning, UNC-CH

For further information please call Rebekah Pennell at (919) 966-5171.

Page 208

110


What specific rights do I have regarding my personal data?

Public agencies must allow:


(1) you to contest the accuracy, completeness or relevancy of your
personal data;


(2) the personal data to be corrected upon your request when the
agency concurs in the proposed correction;


(3) you to add your own statement which shall become a permanent
part of the record, when you believe the agency maintains
inaccurate or incomplete personal data;


(4) you access, upon written request, to all your personal data.


Can the agency refuse my request for access to my personal data?

Yes, the agency may refuse disclosure but only:

1. If the agency determines that disclosure of medical, psychiatric or

psychological data concerning you would be detrimental to you; or


2. Not disclosing such information is permitted or required by law.


What can I do if the agency refuses my request for disclosure?

If an agency refuses to disclose personal data, you may request that a
qualified medical doctor be permitted to review the data to determine if it
should be disclosed. If disclosure is recommended by your medical
doctor, the agency must disclose the data to you. If, however, your
medical doctor does not recommend disclosure, the agency cannot
disclose the data but must inform you of your right to appeal in court.

What is the process for filing an appeal?

Within 30 days of the agency’s refusal, you must petition the superior
court where you reside for an order requiring the agency to disclosure the
personal data. The court, after a hearing and a private review of the
records, will order the disclosure unless it determines that such disclosure
would be detrimental to you or is otherwise prohibited by law. We advise
you consult with an attorney prior to initiating any action.

Also if you are aggrieved by an agency’s decision, you may bring an
action in court for an injunction, declaratory judgment, mandamus or a civil
action for damages.

All of these terms are difficult to explain. You should contact an attorney
for assistance in this area.

Page 209

111

IV. ACCESS TO MEDICAL RECORDS FROM HEALTH CARE PROVIDERS

Who are health care providers?

Health care providers are individuals licensed to provide health care
services (for example, medical doctors, doctors of osteopathy,
chiropractors, podiatrists, physical therapists, occupational therapists,
substance abuse counselors, midwives, nurses, etc.).

Are there any exceptions to the law covering records maintained by
health care providers?

Yes. It does not apply to:


a. Information in records relative to any psychiatric or psychological
problems or conditions and;


b. Personal data maintained by any public agency.


How do I obtain access to my records from a health care provider?

Once you make a request, a provider is required to supply you complete
and current information concerning your diagnosis, treatment and
prognosis. Such information shall also be supplied to any person you
designate as your representative. You may request and receive this
information orally. If you want a copy of your record, the request must be
in writing. In furnishing you a copy of the health record, the provider
cannot charge more than 25 cents a page and the cost of first class
postage, if applicable.

Can the health care provider deny my request?

Your request may be denied if the provider determines:

1. the information is detrimental to your physical or mental health; or


2. is likely to cause you to harm yourself or another.

Can I appeal the provider’s refusal to disclose my record?

Yes. If disclosure is denied by a provider, you may, within 30 days of the
refusal, petition the court for an order of disclosure. The court after a
hearing and a private review, will order disclosure unless it determines
that disclosure would be detrimental to your physical or mental health or is
likely to cause you to harm yourself or another.

We urge you to contact an attorney prior to initiating any appeal of this
kind. Attached is an example of a letter of request. You must first
determine which section applies to your individual situation prior to writing
the letter.

Page 416

36

HERE ARE SOME GENERAL STEPS TO HOW LAWS ARE
MADE:



LAWS are rules that everyone has to follow.


1) An idea for a LAW goes to the State House



2) The idea is present as a Bill and gets sent to a Committee






3) The Committee hears the Testament of anyone who wants to
talk about the bill





LIST SOME WAYS YOU CAN TELL THE COMMITTEE HOW YOU WANT THEM
TO VOTE ABOUT A BILL:

____________________________________
__________________________________

____________________________________
__________________________________


4) The Committee votes on the Bill


NO = stops the bill

VOTE
YES = Bill goes to full House and Senate

Page 417

37

5) The House and Senate vote on the Bill

NO = bill does NOT become a law

VOTE
YES = bill goes to Governor



6) If the Governor votes NO it is called a VETO. A vetoed bill does NOT become a
law.

If the Governor votes YES, the bill becomes a law.


VETO

Bill

Law



LIST SOME WAYS YOU CAN TELL THE GOVERNOR HOW YOU WANT HIM/HER
TO VOTE ABOUT A BILL:

________________________________________ ____________________________________

________________________________________ ____________________________________

________________________________________ ____________________________________












Developed by Deb Griffin Kney, PAL, for Partners in Policymaking-RI
Funded by the RI Developmental Disabilities Council

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