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Needed changes in law and procedure for the chronically mentally ill.

H R Lamb, M J Mills

    Hospital & Community Psychiatry
    |May 1, 1986
    PubMed
    Summary

    Legal changes impact chronic mentally ill individuals through civil commitment, right to treatment, and right to refuse treatment. Recommendations include revised commitment laws and improved treatment access.

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    Area of Science:

    • Legal and psychiatric policy
    • Mental health law
    • Public health law

    Background:

    • Significant legal changes affect the care and rights of individuals with chronic mental illness.
    • Key areas include civil commitment, the right to treatment, and the right to refuse treatment.

    Purpose of the Study:

    • To analyze the impact of legal changes on the chronic mentally ill.
    • To propose recommendations for improving legal frameworks surrounding mental healthcare.

    Main Methods:

    • Review of substantive and procedural alterations in civil commitment laws.
    • Analysis of the implementation of the right to treatment and the right to refuse treatment.
    • Development of recommendations based on legal and clinical considerations.

    Main Results:

    • Current laws present limitations in accessing emergency and ongoing involuntary treatment.
    • Implementation of the constitutional right to treatment remains limited.
    • Partial recognition of the right to refuse treatment exists.

    Conclusions:

    • Revised civil commitment laws are needed, potentially reintroducing a need-for-treatment standard.
    • The right to treatment should be implemented, starting with constitutional minimums.
    • Legislation should allow for non-consensual medication of involuntarily committed patients in certain circumstances.

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