Right to Accept and Refuse Psychiatric Treatment Lecture Flashcards
Who first proposed a constitutionally protected right to treatment in the United States?
a. Hillary Clinton.
b. Morton Birnbaum.
c. G.A. Smoot.
d. James Stickney.
e. James Aderholt.
b. Morton Birnbaum.
In Youngberg versus Romeo, all the following are true except:
a. Mr. Romeo had a constitutionally protected right to reasonably safe conditions of confinement.
b. Mr. Romeo had a constitutionally protected right to treatment.
c. Mr. Romeo was profoundly retarded.
d. Mr. Romeo had a constitutionally protected right to freedom from unreasonable body restraints.
e. Mr. Romeo had a constitutionally protected right to such minimally adequate training as reasonable to have safe conditions of confinement and freedom from unreasonable body restraints.
b. Mr. Romeo had a constitutionally protected right to treatment.
Which of the following is correct in regard to research on involuntary medication treatment refusals?
a. Judges do not override the medication refusal in 30% of cases.
b. In administrative reviews of treatment refusals, treatment refusals, on average, last for 13 days prior to an administrative override.
c. In judicial reviews of treatment refusals, treatment refusals, on average, last for 13 days prior to a judicial override.
d. Psychiatric patients who refuse treatment have lower BPRS scores than non-refusers.
c. In judicial reviews of treatment refusals, treatment refusals, on average, last for 13 days prior to a judicial override.
What treatment refusal override principle was relevant in Rennie v. Klein?
a. “Rights Driven” model
b. Involuntary commitment = incompetence to refuse treatment
c. “treatment-driven” model
c. “treatment driven” model
- What treatment refusal override principle was relevant? And Rogers versus Commissioner?
a. “Rights Driven” model
b. Involuntary commitment = incompetence to refuse treatment
c. “treatment driven” model
a. “Rights Driven” model
- Which treatment refusal override principle is used in the Utah model?
a. “Rights Driven” model
b. Involuntary commitment = incompetence to refuse treatment
c. “treatment-driven” model
b. Involuntary commitment = incompetence to refuse treatment
What was significant about Rouse v. Cameron in the DC Circuit Court of Appeals, 1966?
It recognized the right to treatment and implemented individualized treatment plans.
What was the significance of Wyatt v. Stickney, Alabama, 1971?
It outlined three deficient areas:
1) lack of a humane environment
2) qualified staff in appropriate ratios
3) individualized treatment plans
Also resulted in a “bill of rights” for patients, or eight specific rights
What was the holding in Wyatt v. Aderhold?
It was Wyatt v. Stickney at the appellate level, which found a constitutional right to treatment.
What was the holding in O’Connor v. Donaldson, USSC 1975?
A state cannot constitutionally confine without more, a non-dangerous individual who is capable of surviving safely in freedom by himself or with the help of willing and responsible family members or friends.
What are the two general theories supporting the right to treatment?
- Quid Pro Quo
- Parens Patriae
What was the issue and holding in Youngberg v. Romeo, USSC 1982?
The liberty interest under the 14th Amendment guarantees:
1. Safe conditions
2. Freedom from unreasonable bodily restraints
3. minimally adequate training
Pennhurst State School, a profoundly ID person, is being restrained regularly.
Does the Constitution guarantee the right to privacy?
No, it is a penumbra right, inferred from the constitution but not specifically stated
What are the challenges to forced medication?
- First Amendment - rights to generate thoughts and mentation
- Eighth Amendment - protects against cruel and unusual punishment
- Fourteenth Amendment - Protects a patient’s liberty interest against unwanted administration of psychiatric drugs.
What was the holding of Rennie v. Klein (1983)?
New Jersey. Produced a “Treatment Driven” model of medication over objection whereby “accepted professional judgment” can be used to determine the need for treatment.
The decision-making process is left to the medical professional’s judgment, in contrast to the Rogers model, which provides a judicial review.
What were the significant aspects of Rogers v. Okin (Mass. 1979)?
Committed mental patients had the right to make treatment decisions until adjudicated incompetent by a judge.
It established the “Rights Driven” model.
What were the six factors that a judge should consider with “substituted judgment” that arose from the case In the Matter of the Guardianship of Richard Roe III, Massachusetts Supreme Judicial Court, 1981?
- The ward’s expressed preferences regarding the treatment
- The ward’s religious beliefs
- The impact of the ward’s family
- Possibility of side effects
- Prognosis without treatment
- Prognosis with treatment
What was the holding of Rogers v. Commissioner, Supreme Judicial Court of Massachusetts, 1983?
Appeal of Rogers v. Okin; A judge will make the decision to medicate using substituted judgment.
What is the “Utah Model” of decision-making while under commitment?
If found incompetent for decision making as a condition for commitment, the patient lacks the ability to decide regarding medication and the local mental health authority can provide treatment that is adequate and appropriate.
What was the issue and holding in Washington v. Harper (1990)?
Does the lack of a judicial hearing for involuntary medication violate the 14th Amendment of an inmate?
No. The state may treat a mentally ill prison inmate with antipsychotic medication if dangerous to self or others and treatment is in their medical interest.
Inmate in Washington State. The Court applied the Turner test stating it was a legitimate penological interest.
What was the issue and holding in Sell v. US (2003)?
Does the US Constitution permit the government to involuntarily administer antipsychotic drugs to a criminal defendant to render him competent to stand trial?
Yes. Medication can be administered to restore competency if 1) there is a government interest at stake; 2) the medication furthers the state’s interest; 3) medication is appropriate without less intrusive treatments; 4) medically appropriate
