HOW MANY PROCEDURAL SAFEGUARDS DOES IT TAKE TO GET A PSYCHIATRIST TO LEAVE THE LIGHTBULB UNCHANGED - A DUE-PROCESS ANALYSIS OF THE MACARTHUR TREATMENT COMPETENCE STUDY

Authors
KIRK T BERSOFF DN
Citation
T. Kirk et Dn. Bersoff, HOW MANY PROCEDURAL SAFEGUARDS DOES IT TAKE TO GET A PSYCHIATRIST TO LEAVE THE LIGHTBULB UNCHANGED - A DUE-PROCESS ANALYSIS OF THE MACARTHUR TREATMENT COMPETENCE STUDY, Psychology, public policy, and law, 2(1), 1996, pp. 45-72
Citations number
73
Categorie Soggetti
Law,Psychology,"Heath Policy & Services
Journal title
Psychology, public policy, and law → ACNP
ISSN journal
10768971
Volume
2
Issue
1
Year of publication
1996
Pages
45 - 72
Database
ISI
SICI code
1076-8971(1996)2:1<45:HMPSDI>2.0.ZU;2-A
Abstract
The MacArthur Treatment Competence Study developed measures of treatme nt decision-making competency in accordance with current legal standar ds for competency determinations. The current legal standards are more stringent than necessary and may not comply with the 14th Amendment's requirements of substantive and procedural due process. If policy mak ers and legal decision makers rely on the MacArthur instruments when m aking competency determinations, standards for treatment competency ma y become even more stringent, threatening the autonomy of mental healt h treatment refusers.