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Debate Continues over PA Assisted Outpatient "Mental Health" Treatment Bill

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Debate is hot over Senate Bill 226, which would amend the Mental Health Procedures Act of 1976 by adding an article providing for "Assisted Outpatient Treatment". This proposed law would allow for involuntary commitment to outpatient services, sheriff or police authorization to forcibly bring an individual to a physician's office for evaluation, forcible court-ordered medication, regular blood testing to enforce compliance, and a "treatment plan" that is a matter of public court record and submitted to a judge, for any individual deemed "unlikely to 'survive safely' in the community without supervision."

Forced Medication

The bill is based on New York's Kendra's Law, which has been copied in many states. It has been supported by organizations such as the national treatment advocacy center which states such laws have proven their effectiveness in reducing "caregiver strain," as well as homelessness, incarceration, hospitalizations, etc. in every other state that tries it, and that the mental health survivors themselves who are forced to undergo "treatment compliance" "retroactively endorse" the program.

However, a recent review entitled "Does Involuntary Outpatient Treatment Work?" of the Rand Corporation studying the experience of eight states with involuntary outpatient commitment statutes – Michigan, New York, North Carolina, Ohio, Oregon, Texas, Washington and Wisconsin – found “significant problems” in all eight. Joseph Rogers writes, "The Rand researchers found that the mental health systems in states with such laws were inadequate to the task of implementing court-mandated treatment. As a result, the laws often fell into disuse. In addition, the Rand report stated, 'There is no evidence that a court order is necessary to achieve compliance and good outcomes, or that a court order, in and of itself, has any independent effect on outcomes.' The Rand researchers also conducted a literature review of research on the effectiveness of new models of public mental health care that provided clients with autonomy and choice. 'In contrast,' the researchers noted, 'the literature provides clear evidence that alternative community-based health treatment programs can produce good outcomes for people with severe mental illness.'"

Involuntary outpatient commitment is also opposed by the Bazelon Center for Mental Health Law, which finds that "other studies that have been cited as evidence that outpatient commitment leads to better outcomes have serious methodological flaws, and their results have been misunderstood and misrepresented," according to Rogers. Testimony raising concerns about the proposed legislation was offered on behalf of the National Association of Social Workers – PA Chapter, the Mental Health Association of Southeast Pennsylvania, the PA Mental Health Consumers Association, and the Pennsylvania Department of Public Welfare. A full transcript of testimony given before the October 2, 2007 Pennsylvania Senate Hearings can be found here.

Rogers explains, "An alternative to involuntary outpatient commitment is a statute already on the books in Pennsylvania, giving psychiatric advance directives the weight of law; and we applaud the General Assembly for having passed this legislation in 2005. Psychiatric advance directives are written documents in which an individual expresses his treatment preferences so that, if he later is not in his sound mind, his preferences can be adhered to. The individual can also identify someone to act as a health care agent who can make sure his wishes are respected. The use of such documents should be promoted through establishing avenues to help people create them, rather than just providing people with information about them. A study published in 2006 in the American Journal of Psychiatry found that 61 percent of participants in a facilitated advance directive session completed such a document or authorized a proxy decision maker, compared with only 3 percent of people in a control group, who only received written information about advance directives."

If you support the individual's right to informed consent; if you support the preservation of doctor-patient confidentiality, keeping mental health treatment records out of the public records of courts and police stations; if you support community-based resources for housing, education, family support and other social services for a holistic approach to mental health; if you support an approach to mental health care based on individual recovery, please:
contact your Pennsylvania State Senator today to let them know how you feel about Senate Bill 226.

NOTE: THIS ARTICLE IS AN EDITORIAL. THE OPINIONS AND VIEWS EXPRESSED IN THIS ARTICLE ARE SOLELY THOSE OF THE AUTHOR, AND DO NOT NECESSARILY REPRESENT THE POSITIONS OF THE ORGANIZATIONS NAMED HEREIN.

Comentarios

Well and good, but...

Some people don't realize they are delusional. I'm all for civil liberties, but what about the large number of homeless mentally ill people who die of exposure every year? Or who assault people? Or make people uncomfortable by exposing themselves or shouting obscenities in the street? What about the homeless veterans who won't leave you alone in Rittenhouse square and keep begging for money? Don't they deserve outpatient treatment? Isn't assisted outpatient treatment more compassionate than just 302-ing someone and having them hospitalized? There aren't enough beds in the hospitals for all the crazies in Philadelphia. After all, the greatest violation of civil rights is to be imprisoned in your own mind by your own illness! What other cost-effective community support is available statewide for people who refuse treatment but are unable to stay voluntarily in service programs designed to protect and help them?

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