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Incompetence, treatment refusal, and hospitalization
The Bulletin of the American Academy of Psychiatry and the Law
|January 1, 1992
Summary
Psychiatrists propose new criteria for civil commitment based on a person's inability to make informed decisions about hospitalization and their safety in the community. These standards aim to improve treatment access while respecting constitutional rights.
Area of Science:
- Psychiatry
- Law
- Public Health
Background:
- Current commitment statutes are debated, with proposals for broader criteria based on need for care.
- Judicial involvement in treatment refusal cases is being challenged.
- Existing laws may not adequately serve individuals in need of mental health treatment.
Purpose of the Study:
- To propose new criteria for civil commitment that balance patient needs with constitutional protections.
- To address limitations in current mental health commitment laws.
- To facilitate hospitalization and treatment for individuals currently lacking access.
Main Methods:
- Review of existing commitment statutes and legal challenges.
- Development of proposed commitment criteria focusing on competency and public safety.
- Analysis of constitutional and common law implications of proposed standards.
Main Results:
- Proposed criteria focus on incompetency to decide on hospitalization and inability to live safely in freedom.
- The new standards are designed to meet constitutional requirements.
- These criteria could enable hospitalization and treatment for individuals currently underserved.
Conclusions:
- New commitment laws are proposed to improve access to care for those in need.
- The proposed standards aim to be constitutionally sound.
- Effective implementation requires adequate clinical resources alongside legal reform.