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Published on: February 16, 2011
How Does Law Support Compassionate Mental Health Practice?
Ethan N Sales1, Philip J Candilis2
1Psychiatry resident in the Washington DC Department of Behavioral Health, St Elizabeths Hospital.
Abstract:
Compassion has long been a bulwark of mental health law. Civil commitment, guardianship, mandated clinical intervention, diversion courts, involuntary medication, insanity defenses, and aid-in-sentencing evaluations are all elements of compassionate mental health practice. Parens patriae (the state as parent) and the least restrictive alternative are the specific concepts supporting therapeutic intention and purpose and are particularly relevant in cases in which force may be needed in the course of a patient's care. This article considers how using law compassionately can be evident even in forced clinical interventions.
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