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The right to refuse psychiatric treatment in Kentucky
1University of Louisville School of Medicine, Department of Psychiatry and Behavioral Sciences, KY, USA.
Abstract:
During the last 30 years, involuntarily committed psychiatric patients have utilized the justice and legislative systems to delineate their legal rights to refuse treatments prescribed by their psychiatrists. In this paper, the legal and medical implications of the right to refuse psychiatric treatment in the Commonwealth of Kentucky are reviewed. A brief history of the legal precedents is presented, followed by a review of studies on the impact of these developments on patient care. The specific laws and regulations of Kentucky in this area are then reviewed. Approaches to the treatment-refusing patient are then discussed, with emphasis on using a cooperative approach with refusing patients and maintaining a positive doctor-patient relationship. The process of obtaining court-ordered treatment on patients is then reviewed, with emphasis on the legal and clinical implications of this decision and suggestions for psychiatrists who feel that this approach is warranted.