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APA's model law: a commitment code by and for psychiatrists.

D B Wexler

    Hospital & Community Psychiatry
    |September 1, 1985
    PubMed
    Summary
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    The APA model law has critical flaws, potentially leading to improper psychiatric commitments. It lacks safeguards for patient rights and independent judgment review during the commitment process.

    Area of Science:

    • Legal Medicine
    • Psychiatry
    • Mental Health Law

    Background:

    • The American Psychiatric Association (APA) model law for civil commitment is intended to balance patient rights with public safety.
    • Concerns exist regarding the adequacy of existing legal frameworks in psychiatric commitment procedures.

    Purpose of the Study:

    • To critically evaluate the APA model law's provisions concerning psychiatric commitment.
    • To identify deficiencies in the law that may compromise patient rights and appropriate disposition.

    Main Methods:

    • The study presents a critical analysis of the APA model law's procedural and substantive elements.
    • It examines the law's mechanisms for psychiatric judgment review and patient advocacy.

    Main Results:

    Keywords:
    American Psychiatric AssociationLegal ApproachMental Health Therapies

    Related Experiment Videos

    • The APA model law is argued to be deficient in providing independent screening of petitions and multiple psychiatric evaluations.
    • It fails to ensure adequate preparation for indigent respondents and address legal advocacy shortcomings.
    • The law also permits circumvention of treatment refusal rights for emergency admissions.

    Conclusions:

    • The APA model law's flaws may result in improper or unwarranted psychiatric commitments.
    • The law inadequately protects patient rights, particularly concerning treatment refusal during evaluation periods.