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Okin that a competent person committed to a psychiatric hospital has the right to refuse treatment in non-emergency situations. The case of Rennie v. Klein established that an involuntarily committed individual has a constitutional right to refuse psychotropic medication without a court order. Rogers v.
The right to commit suicide, he added, was not a due process right protected in the Constitution. As legal scholar Susan Stefan writes: "[Justice Scalia] argued that states had the right to 'prevent, by force if necessary,' people from committing suicide, including refusing treatment when that refusal would cause the patient to die." [9] p. 28
An involuntarily committed, legally competent patient who refused medication had a right to professional medical review of the treating psychiatrist's decision. The Court left the decision-making process to medical professionals. 14th 1990 Washington v. Harper: Prisoners have only a very limited right to refuse psychotropic medications in prison.
Twice he was transferred to the Special Offender Center (SOC), a state institution detaining prisoners who were diagnosed with psychiatric problems. While there, Harper was forced to take psychiatric medication against his will. The SOC followed its policies of institutional review for making a treatment decision to forcibly medicate an inmate. [1]
Klein, 462 F. Supp. 1131 (D.N.J. 1978), was a case heard in the United States District Court for the District of New Jersey in 1978 to decide whether an involuntarily committed mental patient has a constitutional right to refuse psychiatric medication. It was the first case to establish that such a patient has the right to refuse medication in ...
Hospitals could medicate and use other means of control or treatment without consultation with the patient or the patient's family. [4] This decision was one of the first that contributed to a growing body of case law recognizing that prisoners and competent mental patients have the right to refuse treatment. [5] Rogers v.
Dr. A. Thomas McLellan, the co-founder of the Treatment Research Institute, echoed that point. “Here’s the problem,” he said. Treatment methods were determined “before anybody really understood the science of addiction. We started off with the wrong model.” For families, the result can be frustrating and an expensive failure.
This treatment may involve the administration of psychoactive drugs, including involuntary administration. In many jurisdictions, people diagnosed with mental health disorders can also be forced to undergo treatment while in the community; this is sometimes referred to as outpatient commitment and shares legal processes with commitment.