The Right to Refuse Mental Health Treatment
For individuals in the U.S. & U.S. territories
The Right to Refuse Mental Health Treatment is the most comprehensive analysis in print of the legal issues raised by involuntary treatment. It provides a systematic analysis of the mental health treatment techniques and the constitutional issues implicated by involuntary treatment.
The first part of the book constructs a continuum of intrusiveness along which the various treatment techniques—psychotherapy, behavior therapy, psychotropic medication, electroconvulsive therapy, electronic stimulation of the brain, and psychosurgery—may be ranked.
In Part II, the author discusses the constitutional and other legal limitations on governmentally imposed, involuntary mental health and correctional treatment, including statutory, regulatory, and international and tort limit laws. The governmental interests that might justify involuntary treatment are analyzed, and two important limitations on the means to achieve these interests are examined: the therapeutic appropriateness principle and the least restrictive alternative principle.
In Part III, the author analyzes issues related to the evaluation and implementation of the right to refuse mental health treatment. A concluding chapter considers future directions for the right to refuse, including the use of advance directive instruments and the role of ethical restrictions.