NCJ Number
54563
Date Published
1978
Length
160 pages
Annotation
CONFIDENTIALITY, EXPERIMENTATION, THE RIGHT TO TREATMENT AND THE RIGHT TO TREATMENT IN THE LEAST RESTRICTIVE SETTING, PATIENT RIGHTS, CIVIL COMMITMENT, AND MENTAL HEALTH ISSUES IN CRIMINAL CASES ARE EXAMINED.
Abstract
A TASK FORCE ON LEGAL AND ETHICAL ISSUES RELATED TO MENTAL HEALTH DELIVERY MADE 42 RECOMMENDATIONS, SOME CONTAINING MANY PARTS. THIS REPORT GROUPS THE RECOMMENDATIONS UNDER FOUR TOPICS: ADVOCACY, SPECIFIC RIGHTS AREAS, BILLS OF RIGHTS AND OTHER MECHANISMS TO ASSURE PATIENTS AND CLIENTS THEIR RIGHTS, AND ETHICS. WHERE CONSENSUS WAS NOT ACHIEVED, ALTERNATIVE APPROACHES OR DISCUSSIONS OF THE ISSUES ARE PROVIDED. THE SPECIFIC RIGHTS COVERED INVOLVE EDUCATION, EMPLOYMENT, HOUSING, GUARDIANSHIP, CONFIDENTIALITY, FEDERAL BENEFITS, THE RIGHT TO TREATMENT AND THE RIGHT TO PROTECTION FROM HARM, THE RIGHT TO TREATMENT IN THE LEAST RESTRICTIVE SETTING, THE RIGHT TO REFUSE TREATMENT AND TO THE REGULATION OF TREATMENT, EXPERIMENTATION WITH MENTALLY HANDICAPPED SUBJECTS, COMMITMENT ISSUES, AND MENTAL HEALTH ISSUES AFFECTING PERSONS ACCUSED OR CONVICTED OF CRIMES. COVERT EXPERIMENTATION IS CONDEMNED, AND IT IS SUGGESTED THAT INSTITUTIONALIZED POPULATIONS OUGHT TO BE LESS SUBJECT TO EXPERIMENTATION THAN THOSE PORTIONS OF SOCIETY WHICH CAN GIVE CONSENT FREELY. MENTAL HEALTH SERVICES DELIVERED ON A TRULY VOLUNTARY BASIS SHOULD BE AVAILABLE TO PERSONS IN JAILS OR PRISONS, AND PRISONERS FROM RACIAL OR ETHNIC MINORITY GROUPS SHOULD HAVE ACCESS TO MENTAL HEALTH PROFESSIONALS FROM THEIR OWN BACKGROUNDS. TRANSFERS TO A MENTAL HOSPITAL SHOULD NOT AFFECT PAROLE STATUS. A NUMBER OF RECOMMENDATIONS CONCERN THE EVALUATION OF COMPETENCY TO STAND TRIAL. SPECIAL-OFFENDER COMMITMENTS ARE ALSO EXAMINED. FOOTNOTES CONTAIN NUMEROUS REFERENCES. (GLR)