What is the right to a second opinion?

The right to a second opinion is an important protection provided in California Mental Health Law. This right is meant to ensure that an individual’s decisions regarding mental health treatment are truly informed and in his or her best interest. According to California Mental Health Law, anyone who has been admitted to a mental health facility or who is receiving outpatient services has the right to a second opinion from a qualified mental health professional. The second opinion is requested by the patient and the patient must be told of the possibility of getting a second opinion by the attending physician or by another professional such as a clinical psychologist. The second opinion must be provided free of charge and must meet the standards of practice and ethics of the mental health professional administering it. In some cases, the patient also has a right to choose the mental health professional providing the second opinion. Although the right to a second opinion is important, it does not necessarily guarantee that a different outcome would be reached than if the first opinion had been accepted. Ultimately, it is up to the patient to make the final decision after considering the opinions of both mental health professionals. It is important to remember that any decision made is ultimately the responsibility of the patient, and no one else.

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