More Subjects
Involuntary Mental Health Treatment
[Name]
[Institute]
[Date]
Involuntary Mental Health Treatment
Introduction
Community Treatment order (CTO) let clinics to provide unconsented treatment to people with acute mental illness (Light, Kerridge, Ryan, & Robertson, 2012). It is a Mental Health Act’s legal order act and it was introduced to provide legal treatment to a mentally sick patient without their consent. It makes the physician fully responsible for whatever treatment they are going to give the mentally ill person and it gives full responsibilities to them. But its introduction as a legal order has been controversial as the steps are done without the consent of the patient (Fennell, 2011).
It has been used internationally since the 1980s and introduced to England in 2007 as a result of an amendment of the Mental Health Act of 1983.CTOs are known to provide good care to patients but the pattern of treatment has proved to be very strict. But it has remained questionable that physics and psychiatrist can use such methods in this age of evidence-based medications (Woolley, 2010).
The purpose of this essay is to describe and generate factual arguments on the debate that on what bases a patient with mental illness is legally deprived of his freedom of having consent before treatment? The essay will discuss a case study of a mentally retarded person in respective of ethical, legal, policy and theoretical framework and some of the questions regarding this order will be answered based on that case study. The essay will also demonstrate the types of skills and knowledge for mental health assessment. A collaborative mental health plan will also be discussed later in the essay and such plan will assess the treatment and recovery of the patient on the community level.
The essay is going to highlight the social, as well as the psychological impact of mental illness and those, will be discussed on evidenced-based practices and theoretical grounds. A conclusion will be drawn based on the discussion about the unnatural nature of this order and the critical evaluation of the case study of Josh.
The part of the Mental Health Act that allows for the coercive treatment of mentally ill persons has been criticized. It is the duty of the state to provide them effective and humane treatment. The patient should have the strong right to know what treatment he/she is going to get and the health institute shall deliver services with risk management programs (Chapin, 2014).
State uses its power to interfere in the matters of the patients and those powers are given by the law. One is Parens patriae and the other is the Policy power of the government. Parens patriae is a Latin word which means “father of the country”. It means that’s state will act for those who are unable to take the decision due to their illness. Policy power refers to government interests in taking care of their citizens. If some citizen is acting in a way that threatens the whole community then the physician and psychiatrist have given the full responsibility to control the person without his/her consent. These two powers have been used for the treatment of mentally ill persons from decades (Feuerstein et al., 2005).
In the given case study the mother of Josh says that Josh is recently involved in the distractions of neighbor’s property, screaming and yelling at them (Carhart-Harris et al., 2018). Josh should be controlled under the power of Parens patriae and policy power to control his behaviors before he harms someone. Even his own mother is afraid of living with him and it shows that he is uncontrollable.
Ethical and Policy Framework for Patients with Mental Illness
The burden of mental health disorders have increased enormously and the phenomenon is globally discussed. The problem of mental health can be seen more in underdeveloped and developing countries. Because of the fact that quality health facilities ar3e not present everywhere and the ethical implications show the inequalities in mental health treatments. The possible acts that have been passed for the treatment of mental health are also causing serious human right and ethical issues. CTO is being criticized for violating the human right and ethical norms. The conflict emerges due to the fact that the law has given full authority to doctors that they can treat the patient in whatever ways they want and even if they are violating the liberty of the patient (DeRidder, Molodynski, Manning, McCusker, & Rugkåsa, 2016).
Some people like Josh experience mental health treatment without being notified and this can create ethical and human right violations. When this is the case then the policy measures for this could be that, the family of the patient should visit the mental health legislature of the state or the institutes. But if the state is given the authority to do so then practitioners must adopt minimum restrictive care and should also minimize the use of involuntary treatments. The institute must design a draft about the principles, values, and attitude of humans right and the punishment for that as well be highlighted if in case those rights were not fulfilled (Committee, 2013).
Theoretical Framework for the Practices of Metal Health
Josh is reportedly hearing unusual voices in his head and his mother thinks that he has got schizophrenia. He also screams and yells at people who pass nearby him and he also tries to harm his neighbors’ property. In such a case a Community treatment order is very much essential to control him as his mother reveals that she is afraid of his presence. CTO is effective for him firstly because he has lost his ability to make rational decisions due to mental illness that might be a schizophrenia. He also lacks some important insight about his health and CTO is best for patient who has lost the feeling that they even have any mental health issue (E. M. Light, Kerridge, Ryan, & Robertson, 2012).
Mentally ill patients fail to identify that they need any sort of treatment for their condition so community treatment orders are the only solution to restrict their movement and to do treatment without their consent. They will be needing emotional help as well to fight with their illness and CTO unlike other hospital treatments, allows the patients to enjoy the company of their family and loved ones (DeRidder et al., 2016).
Legal Frameworks for the Practices of Mental Health
As described by the physician of Josh that he was non-compliant to medication. Individuals who have committed some very dangerous crime or hurt due to their abnormal behavior will be captured for treatment without their consent but CTO helps the community to prevent such big lose and take the patient in their custody for treatment before any major issue happens. Orders like CTO will help to control Josh like an individual who have no control over their actions. Such legal orders are very much patient-centric and the take care of the community as well (Carhart-Harris et al., 2018).
CTO laws need to be coercive so that patient like Josh would not be taking benefits from their mental condition and from the environment they are being given treatments. Such laws keep the community out of danger. Legal actions are very much necessary to prevent harms and should be implemented on the patient without their consent. Usually, patients are not willing to take treatment so the law gives full authority to the doctors to start the treatment without the patient’s consent. There could be other external factors that will lead to treatment without the consent of the patient like the patient might not have funds or other sources to pay for the treatment so the patient is not willing for the treatment.
Besides making such rules the government should also help the patient to generate funds for his/her treatment (DeRidder et al., 2016).
Mental health Assessment through the Application of Knowledge, Skills and Common Mental Health Assessment Tools.
Mental health services are trying to apply the new approach of, well being” in order to induce a positive mindset in the patient. The psychiatrists are using knowledge, skills and health assessment tools to develop an evidence-based intervention in patients apart from treatments. Doctors are promoting wellbeing by focusing on the goals of the patient apart from focusing on clinical treatment (Slade, 2010). Mental health assessment tools like the screening tests are done to understand the patient psych and to treat the patient accordingly. Patient like Josh needs to be understood fully and then he will be drawn into clinical treatments.
Collaborative Mental Health Care Plan
Collaborative care model follows great plans for medical care for a patient with mental illness. The Care plan includes care deliveries through a group of people. The team improves the coordination of the patient through the support of leadership, decision makings provide by evidence-based approaches and engaging patients in tasks that involve self-management. The patient is also linked with community resources to boost up his mental health (Goodrich, Kilbourne, Nord, & Bauer, 2013). Mentally ill patients like Josh need to be cured on the bases on collaborative care model.
The Impact of Mental Health Illness
The negative impact of mental illness is seen to be very crucial because the patient is not in his/ her senses while committing the act. In the case study, Josh is threatening his neighbors as well as his mother who is afraid of his actions. The patient lost the ability to make rational decisions and compulsory treatments are needed for the safety of the patient and the ones attached to him or her. The use of law will make it possible to handle this situation and to control the patient. CTO is taking the patient in its control and reducing the number of hospitalization (DeRidder et al., 2016).
The Psycho-social Dimensions of Mental Illness
CTO does the treatment of the patient without isolating him or her from society. In the case of mental illness, the patient is understood as a burden on the society and is generally separated from the society which increases the illness. The problem with CTO laws is that in spite of building a relation of confidence and trust among the patient and the physician the CTO is giving the physician a controlling and monitoring position that makes the law a kinof brutal and psycho-social dimensions are not full filled.
Although Josh is not aware of his mental health, he is willing to do the treatment. In such a case, the physician should not be authoritative but should build a relation of care and trust so that the patient will get some support to fight the illness.
The effects of the Condition of a Mentally Ill Person on the Family and Significant others
There could be a tremendous impact on the mentally ill person on his or her family and surroundings but CTO gives the option to the family to leave with the patient during the treatment. Josh mother was afraid of his actions and she was glad that the CTO is going to take care of Josh. She will be supporting him in the recovery phase. Mental health of patient will improve by letting them spend more times with their families.
Conclusion
It is the responsibility of the government to provide community service but in case of mental health patients, it is not possible so CTO is the one that is providing all the support. Mentally ill persons usually do not prefer to do treatments because they do not want themselves to be involved in mental health support groups. Because the think people will threat them differently after knowing that they have mental issues. So CTO puts the doctor in controlling position. But certain critics say that the doctor and patient do not build therapeutic position due to the procedures of CTO. The changes need to be done in this law are not the treatment should be patient-centric and the patient-physician relation is friendly and builds on trust.
References
ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Carhart-Harris, R. L., Roseman, L., Haijen, E., Erritzoe, D., Watts, R., Branchi, I., & Kaelen, M. (2018). Psychedelics and the essential importance of context. Journal of Psychopharmacology, 32(7), 725–731.
Chapin, R. (2014). Social policy for effective practice: A strengths approach. Routledge.
Committee, S. and Q. P. S. (2013). National practice standards for the mental health workforce 2013. Melbourne: Victorian Government Department of Health.
DeRidder, R., Molodynski, A., Manning, C., McCusker, P., & Rugkåsa, J. (2016). Community treatment orders in the UK 5 years on: a repeat national survey of psychiatrists. BJPsych Bulletin, 40(3), 119–123.
Fennell, P. (2011). Mental health: law and practice. Jordans Bristol.
Feuerstein, S., Fortunati, F., Morgan, C. A., Coric, V., Temporini, H., & Southwick, S. (2005). Civil commitment: a power granted to physicians by society. Psychiatry (Edgmont (Pa.: Township)), 2(8), 53–54.
Goodrich, D. E., Kilbourne, A. M., Nord, K. M., & Bauer, M. S. (2013). Mental health collaborative care and its role in primary care settings. Current Psychiatry Reports, 15(8), 383.
Light, E., Kerridge, I., Ryan, C., & Robertson, M. (2012). Community treatment orders in Australia: rates and patterns of use. Australasian Psychiatry, 20(6), 478–482.
Slade, M. (2010). Mental illness and well-being: the central importance of positive psychology and recovery approaches. BMC Health Services Research, 10(1), 26.
Woolley, S. (2010). Involuntary treatment in the community: role of community treatment orders. The Psychiatrist, 34(10), 441–446.
More Subjects
Join our mailing list
© All Rights Reserved 2024