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Update on the right to refuse antipsychotic medication
1University of Kentucky College of Law, Lexington.
DICP : the Annals of Pharmacotherapy
|July 1, 1991
Summary
The right to refuse antipsychotic medication was reviewed, with the Supreme Court clarifying some issues but leaving substantial uncertainty. This necessitates addressing ongoing legal and policy challenges in medication refusal.
Area of Science:
- Legal Studies
- Medical Ethics
- Constitutional Law
Background:
- The right to refuse antipsychotic medication is a complex legal and ethical issue.
- Previous legal frameworks have attempted to address patient autonomy in medication decisions.
Purpose of the Study:
- To review the legal history and current developments concerning the right to refuse antipsychotic medication.
- To analyze the impact of US Supreme Court decisions on this right.
Main Methods:
- Review of legal history and case law.
- Analysis of the US Supreme Court's decision in Washington v. Harper.
- Examination of constitutional due process implications.
Main Results:
- The Supreme Court's ruling in Washington v. Harper clarified a narrow aspect of the right to refuse antipsychotic medication.
- Substantial legal and practical uncertainty persists regarding this right.
- Emerging law and policy problems at state and institutional levels are evident.
Conclusions:
- Further attention is needed to address the remaining uncertainties and policy gaps.
- Drug policy decision-makers must confront these evolving legal and ethical challenges.
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