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1.
J Am Acad Psychiatry Law ; 51(3): 367-376, 2023 09.
Article in English | MEDLINE | ID: mdl-37460220

ABSTRACT

The Department of Justice investigation of state psychiatric hospitals is nothing like investigation by more familiar regulatory agencies such as The Joint Commission or Centers for Medicare and Medicaid Services (CMS). For one, it comes with the threat of serious legal consequences for both the state psychiatric hospital under investigation and the state in general. Although little has been written about this topic, much of what has been written describes a negative, painful, and expansive experience affecting every aspect of the hospital system. Using an example of a state psychiatric hospital that has been investigated by the DOJ, this article examines this portrayal and explores whether there are positive aspects of such investigations that have been overlooked.


Subject(s)
Hospitals, Psychiatric , Medicare , Aged , United States , Humans , Hospitals, State
2.
Psychiatr Serv ; 74(8): 838-846, 2023 08 01.
Article in English | MEDLINE | ID: mdl-36987705

ABSTRACT

In recent years, psychedelic-assisted psychotherapies have reentered the realm of rigorous scientific inquiry, garnering much attention from both the psychiatric community and the broader public. Headlines on major media platforms frequently tout the psychedelic future of psychiatry, and patients increasingly ask about the prospect of using psychedelics during their sessions. Despite this enthusiasm, psychedelics remain in an investigational stage, and more research and regulatory work are required before psychedelics can be deemed appropriate for general clinical use. In this climate, psychiatrists are increasingly curious about the prospects of psychedelic treatments. This review's goal was to help psychiatrists better understand the complexities of the burgeoning field of psychedelic-assisted psychotherapy. The discussion encompasses issues surrounding psychedelics in their current investigational stage and issues for psychiatrists to consider should psychedelics become available for broad clinical use. This review discusses research equipoise in the context of the current enthusiasm for psychedelics, informed consent, patient vulnerability, equity and access, differences between clinical and nonclinical psychedelic uses, and psychedelic self-enhancement. As psychedelics move closer toward regulatory approval beyond research settings, it is vital that these promising treatments be used ethically. The unique features of psychedelic therapies, including the altered states of consciousness they produce and the vulnerability that such states entail for patients, require careful consideration to minimize potential ethical pitfalls. This review seeks to ensure that psychiatrists are equipped to use psychedelic psychotherapy both ethically and effectively.


Subject(s)
Hallucinogens , Psychiatry , Humans , Hallucinogens/pharmacology , Hallucinogens/therapeutic use , Psychotherapy/methods
3.
Psychiatr Serv ; 74(9): 963-969, 2023 09 01.
Article in English | MEDLINE | ID: mdl-36987706

ABSTRACT

Emotional support animals (ESAs) are different from service animals, therapy animals, and other disability-related assistance animals. Although pet ownership may confer psychological benefits, limited research has supported the use of ESAs to realize such benefits. If clinicians are asked to write a letter of support for use of an ESA, they need to be familiar with relevant federal, state, and local laws that regulate ESAs and with the essential components of an ESA evaluation. This article provides an overview of terminology; federal, state, and local laws related to ESAs; and clinical and ethical considerations for clinicians who decide to write these letters. The authors also review liability issues related to writing these letters, including those related to ESA aggression.


Subject(s)
Therapy Animals , Writing , Animals
4.
J Nerv Ment Dis ; 210(8): 557-563, 2022 08 01.
Article in English | MEDLINE | ID: mdl-35344979

ABSTRACT

ABSTRACT: The interface of religion, spirituality, and psychiatric practice has long been of interest to the ethical psychiatrist. Some prominent early psychotherapists had a strained relationship with religion and spirituality. They posited that religion and spirituality were forms of mental illness, which discouraged the discussion of these values during treatment despite the fact that many patients subscribed to a religious or spiritual viewpoint. Contrarily, others supported a harmonious relationship with religion and spirituality and served as trailblazers for the incorporation of religion and spirituality into psychiatric treatment.As the field of psychiatry continues to evolve, additional dimensions of the relationship between religion, spirituality, and psychiatric practice must be explored. Today, many modern psychiatrists appreciate the importance of incorporating religion and spirituality into treatment, but questions such as whether it is ethical to practice psychiatry from a particular religious or spiritual viewpoint or for psychiatrists to advertise that they subscribe to a particular religion or spirituality and to engage in religious or spiritual practices with their patients remain nuanced and complex. In this resource document, the authors put forth and examine the ramifications of a bio-psycho-social-religious/spiritual model for psychological development and functioning, with this fourth dimension shifting the focus from symptom reduction alone to include other aspects of human flourishing such as resilience, meaning-making, and hope.


Subject(s)
Mental Disorders , Psychiatry , Humans , Mental Disorders/psychology , Mental Disorders/therapy , Psychiatry/methods , Religion , Spirituality
5.
J Am Acad Psychiatry Law ; 50(1): 74-83, 2022 03.
Article in English | MEDLINE | ID: mdl-35042737

ABSTRACT

Transporting forensic psychiatric patients outside of forensic hospitals has significant risks that pose competing safety and patients' rights interests. Psychiatrists and hospital administrators have a duty to keep their staff and the community safe, but this must be carefully balanced with their obligation to uphold the civil rights and liberty interests of their patients. A critical decision in this balancing is whether to utilize security restraints during patient transportation. Addressing these competing interests while striving to safely transport forensic hospital patients to the community can be challenging as hospital staff and patient advocates may voice strong, and sometimes opposing, opinions about this debate. Very little research has been conducted about these high risk and often contentious actions. Here, we describe the process for assessing risk for violence, self-harm, and elopement prior to transportation at one state forensic hospital using a pretransport risk-assessment tool created specifically for that purpose. We then present the results of research identifying which clinical and legal factors identified by our risk-assessment tool correlate with patients being transported with restraints. We also evaluated the potential for racial/ethnic and gender biases in this transportation risk-assessment process.


Subject(s)
Psychiatry , Restraint, Physical , Forensic Psychiatry , Hospitals, Psychiatric , Humans , Inpatients/psychology , Risk Assessment , Violence
6.
Psychiatr Clin North Am ; 44(4): 507-519, 2021 12.
Article in English | MEDLINE | ID: mdl-34763785
7.
Psychol Serv ; 18(4): 663-670, 2021 Nov.
Article in English | MEDLINE | ID: mdl-32940500

ABSTRACT

The Alternative to Restraint and Seclusion State Incentive Grant was a national initiative to reduce restraint and seclusion use in psychiatric hospitals and community based mental health settings sponsored by the National Association of State Mental Health Program Directors. This initiative was implemented in a large public sector psychiatric hospital. It involved the use of a restraint and seclusion prevention project team and a Patient-Staff Steering Committee collaborating on violence prevention. It also entailed systematic data collection and case reviews, staff-training on trauma-sensitive care and other relevant topics, employee recognition, as well as the use of specific restraint prevention tools including sensory modulation, positive behavioral support plans, comfort rooms, Wellness Recovery Action Plans, modified restraint orders, and new debriefing protocols. Compared with a 4-year baseline period, a 4-year implementation phase showed a reduction in annual restraints hours by 89%, annual staff injuries by 18%, and annual Workmen's Compensation medical costs by 24%. The findings illustrate the value of implementing systemic evidence-based practices to reduce restraint use, enhance the quality of care in tertiary care settings, and promote a new, patient-centered and recovery-oriented institutional culture. (PsycInfo Database Record (c) 2021 APA, all rights reserved).


Subject(s)
Mental Disorders , Public Sector , Hospitals, Psychiatric , Humans , Patient Isolation , Restraint, Physical , Violence
9.
Psychiatr Serv ; 70(4): 324-328, 2019 04 01.
Article in English | MEDLINE | ID: mdl-30651058

ABSTRACT

In 2010, the American Medical Association developed policies regarding professionalism in the use of social media, but it did not present specific ethical guidelines on targeted Internet searches for information about a patient or the patient's family members. The American Psychiatric Association (APA) provided some guidance in 2016 through the Opinions of the Ethics Committee, but published opinions are limited. On behalf of the APA Ethics Committee, the authors developed a resource document describing ethical considerations regarding Internet and social media searches for patient information, from which this article has been adapted. Recommendations include the following. Except in emergencies, it is advisable to obtain a patient's informed consent before performing such a search. The psychiatrist should be aware of his or her motivations for performing a search and should avoid doing so unless it serves the patient's best interests. Information obtained through such searches should be handled with sensitivity regarding the patient's privacy. The psychiatrist should consider how the search might influence the clinician-patient relationship. When interpreted with caution, Internet- and social media-based information may be appropriate to consider in forensic evaluations.


Subject(s)
Ethics, Research , Family , Information Seeking Behavior/ethics , Internet/ethics , Physician-Patient Relations , Confidentiality/ethics , Guidelines as Topic , Humans , Informed Consent/ethics , Patient Selection/ethics , Privacy/legislation & jurisprudence
12.
J Am Acad Psychiatry Law ; 45(1): 31-39, 2017 Mar.
Article in English | MEDLINE | ID: mdl-28270460

ABSTRACT

Aggression toward self and others by complex patients admitted to forensic psychiatric settings is a relatively common yet extremely difficult behavior to treat. Traditional interventions in forensic inpatient settings have historically emphasized control and management over treatment. Research over the past several years has demonstrated the value of behavioral and psychosocial treatment interventions to reduce aggression and to increase prosocial skill development in inpatient forensic population. Positive behavioral support (PBS) offers a comprehensive approach that incorporates the science of applied behavioral analysis (ABA) in support of patients with challenging behaviors, including aggression and violence. In this article, we describe a PBS model to treat aggression in forensic settings. PBS includes a comprehensive functional assessment, along with four basic elements: ecological strategies, positive programming, focused support strategies, and reactive strategies. Other key components are described, including data collection, staff training, fidelity checks to ensure correct implementation of the plan, and ongoing monitoring and revision of PBS strategies, according to treatment outcomes. Finally, a behavioral consultation team approach within the inpatient forensic setting is recommended, led by an assigned doctoral-level psychologist with specialized knowledge and training in behavioral methods. The behavioral consultation team works directly with the unit treatment team and the identified patient to develop, implement, and track a plan that may extend over several weeks to several months including transition into the community. PBS can offer a positive systemic impact in forensic inpatient settings, such as providing a nonpharmacologic means to address aggression, reducing the incidences of restraint and seclusion, enhancing staff proficiency in managing challenging patient presentations, and reducing recidivism when used as part of the bridge to community re-entry.


Subject(s)
Aggression/psychology , Behavior Therapy/legislation & jurisprudence , Behavior Therapy/methods , Commitment of Mentally Ill/legislation & jurisprudence , Hospitals, Psychiatric , Prisoners/legislation & jurisprudence , Prisoners/psychology , Violence/legislation & jurisprudence , Violence/psychology , Adult , Applied Behavior Analysis/legislation & jurisprudence , Applied Behavior Analysis/methods , Combined Modality Therapy , Comorbidity , Female , Humans , Male , Outcome Assessment, Health Care/statistics & numerical data , Psychometrics , Psychotic Disorders/psychology , Psychotic Disorders/therapy , Psychotropic Drugs/therapeutic use , Self-Injurious Behavior/psychology , Self-Injurious Behavior/therapy , Social Skills , Substance-Related Disorders/psychology , Substance-Related Disorders/therapy
14.
J Am Acad Psychiatry Law ; 43(4): 468-75, 2015 Dec.
Article in English | MEDLINE | ID: mdl-26668224

ABSTRACT

Patients in a forensic psychiatric facility often require escorted transport to medical facilities for investigations or treatments of physical health ailments. Transporting these patients presents significant safety and custody challenges because of the nature of patients housed in forensic psychiatric facilities. A significant proportion of these patients may be transfers from the Department of Corrections (DOC) under legal mandates for psychiatric evaluation and treatment better provided in a hospital setting, and most of them will return to the DOC. Although departments of correction have protocols for escorting these potentially dangerous individuals, it is unclear whether receiving psychiatric hospitals have established procedures for maintaining the safety of others and custody of these individuals during transportation outside the hospital facility. The literature is sparse on precautions to be observed when transporting dangerous forensic psychiatric patients, including those with high escape risk. In this article, we describe one forensic inpatient facility's procedure for determining the appropriate level needed to transport these individuals outside of the forensic facility. We also describe the risk assessment procedure for determining level of transport. These are quality improvement measures resulting from a critical review of an incident of escape from the forensic facility several years ago.


Subject(s)
Forensic Psychiatry , Occupational Health , Transportation of Patients/organization & administration , Humans , Law Enforcement , Risk Assessment
15.
J Am Acad Psychiatry Law ; 42(3): 322-30, 2014.
Article in English | MEDLINE | ID: mdl-25187285

ABSTRACT

Ethics enforcement in psychiatry occurs at the district branch and American Psychiatric Association (APA) levels under the guidance of American Medical Association (AMA) and APA ethics documents. Subspecialty ethics consequently have no formal role in the enforcement process. This reality challenges practitioners to work according to guidelines that may not be sufficiently relevant and challenges ethics reviewers to apply frameworks not intended for the subspecialties. This article offers the theoretical and practical support to amend APA Procedures to permit formal consideration of subspecialty ethics during ethics complaints and to include forensic practitioners on panels reviewing them. This is the first step toward an integration of two conflicting models of ethics enforcement, regulatory and aspirational, that bring together specialty and subspecialty ethics.


Subject(s)
American Medical Association , Ethics, Medical , Forensic Psychiatry/ethics , Guidelines as Topic , Societies, Medical/ethics , Clinical Competence , Expert Testimony/ethics , Humans , United States
16.
Virtual Mentor ; 15(10): 840-3, 2013 Oct 01.
Article in English | MEDLINE | ID: mdl-24152774
17.
J Am Acad Psychiatry Law ; 36(2): 181-4, 2008.
Article in English | MEDLINE | ID: mdl-18583692

ABSTRACT

The role of psychiatry in the legal arena is grossly misunderstood and even controversial. Some respected psychiatrists and members of the public have argued that the current state of the science of psychiatry is such that it has little to offer the legal system, and consequently, psychiatrists should be banned from the courts. Alan Stone's critique of forensic psychiatry 25 years ago is probably the most pointed. In this article, a summary of four different responses to Alan Stone's critique will be presented and analyzed.


Subject(s)
Ethics, Medical , Insanity Defense , Ethics, Medical/history , Expert Testimony/ethics , Forensic Psychiatry/ethics , Forensic Psychiatry/history , History, 20th Century , Humans , Insanity Defense/history , Physician-Patient Relations/ethics , Truth Disclosure/ethics , United States
18.
J Am Acad Psychiatry Law ; 34(3): 300-2, 2006.
Article in English | MEDLINE | ID: mdl-17032952

ABSTRACT

The sudden and massive depopulation of psychiatric institutions that occurred in the 60s and 70s overwhelmed a fragmented and undersourced community mental health system, leading, in part, to the high number of chronically mentally ill individuals currently residing in jails and prisons, a situation that has been described as reinstitutionalization or transinstitutionalization. Any process that forces more people out of jails into mental health treatment in the community without a sound, effective, available, and accessible community mental health system of care is potentially catastrophic.


Subject(s)
Coercion , Commitment of Mentally Ill , Mental Health Services/supply & distribution , Humans , Mental Health Services/statistics & numerical data , United States
20.
J Am Acad Psychiatry Law ; 33(3): 342-9, 2005.
Article in English | MEDLINE | ID: mdl-16186198

ABSTRACT

Although pathological lying was first described in the medical literature over 100 years ago, it remains a poorly understood concept. Psychiatrists continue to grapple with the full ramifications of the condition, even though interest specifically in pathological lying seems to have waned in recent times. The impact of pathological lying deserves critical attention from forensic psychiatrists because of the implications that untruths have in a legal context. In this article, the authors review the considerable vagueness and confusion that has surrounded this concept and examine the extent to which a person can control lying behavior and the related question of whether pathological liars have responsibility for their actions. While providing a structured framework for considering pathological lying in the forensic context, the authors conclude that further systematic research is needed to resolve the questions raised in this article.


Subject(s)
Deception , Forensic Psychiatry , Mental Disorders/psychology , Adult , Age Factors , Borderline Personality Disorder/diagnosis , Borderline Personality Disorder/psychology , Child , Factitious Disorders/diagnosis , Factitious Disorders/psychology , Fantasy , Humans , Mental Competency/legislation & jurisprudence , Mental Disorders/diagnosis , Mentally Ill Persons/legislation & jurisprudence , Mentally Ill Persons/psychology , Psychology, Child , Reality Testing , United States
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