关于决策能力标准的法定编制
1Dr. Appel is Associate Professor of Psychiatry and Medical Education, Director of Ethics Education in Psychiatry, and Assistant Director, Academy for Medicine & the Humanities, Icahn School of Medicine at Mount Sinai, New York, NY. jacobmappel@gmail.com jacob.appel@mssm.edu.
The journal of the American Academy of Psychiatry and the Law
|November 1, 2023
概括
由于州法律,医生面临更新决策能力评估标准的挑战. 需要进行立法改变,以修改临床实践中广泛接受的四种技能模型.
科学领域:
- 医疗法 法律 医疗法
- 临床心理学 临床心理学
- 生物伦理学生物伦理学
背景情况:
- 1988年由Appelbaum和Grisso建立的决策能力评估的四个技能模型在临床实践中被广泛采用.
- 许多州法律已经将该模型的元素合法地纳入了决策能力的定义.
研究的目的:
- 分析定义决策能力和评估过程的州法规.
- 确定医生在修订能力评估标准时所面临的挑战.
主要方法:
- 关于决策能力的现有国家法规的分类和分析.
- 审查法律定义和指定的能力评估人员.
主要成果:
- 许多法规将四种技能模式的各个方面纳入州法律.
- 对能力评估方法的重大修订需要立法行动.
- 医生往往无法单方面修改这些法律定义的标准.
结论:
- 四种技能模型的法定整合是更新决策能力评估标准的障碍.
- 改变能力评估的努力必须预见并解决立法变化的复杂性.
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