From the Guidelines
Patients held under a 1013 involuntary treatment order have the right to refuse treatment, except in emergency situations, and must be informed of their rights upon admission, including the right to communicate with an attorney, receive humane and dignified treatment, and petition for release. When considering the rights of patients held under a 1013 involuntary treatment order, it is essential to prioritize their autonomy and dignity, as emphasized by the principles of medical ethics 1. The right to refuse treatment is a fundamental aspect of patient autonomy, as stated in the ESMO clinical practice guidelines on palliative care: advanced care planning, which asserts that a patient has the right to refuse a medical treatment and to change his/her mind during the treatment, refusing its continuation 1.
Some key rights of patients held under a 1013 include:
- The right to receive a clear explanation of why they're being held
- The right to communicate with an attorney
- The right to make phone calls, send and receive mail, and wear their own clothes when appropriate
- The right to refuse medication except in emergency situations where immediate intervention is necessary to prevent harm
- The right to receive humane and dignified treatment, access to medical care for physical conditions, and protection from abuse or neglect
- The right to petition for release through a habeas corpus proceeding, request a hearing to challenge their detention, and receive treatment in the least restrictive environment possible
These rights are essential to balance the need for treatment during crisis with respect for individual autonomy and dignity, recognizing that involuntary treatment is a significant limitation of personal freedom that requires careful safeguards, as highlighted in the context of palliative care and patient-centered decision making 1. The facility must inform patients of these rights upon admission, ensuring that they are aware of their rights and can exercise them accordingly.
From the Research
Patient Rights Under Involuntary Treatment Orders
When a patient is held under an involuntary treatment order, such as a 1013, their rights are protected by various laws and guidelines. The following are some of the key rights that patients have in such situations:
- The right to dignity and worth as a person, as stipulated in the Universal Declaration of Human Rights 2
- The right to health and medical care, as outlined in the UN Bill of Human Rights and other conventions 2
- The right to refuse medication treatment, although this may be subject to certain limitations and exceptions 3, 4
- The right to appeal against detention, although this may not always be exercised due to lack of awareness or understanding of the appeals process 5
Limitations and Exceptions
While patients have certain rights under involuntary treatment orders, there are also limitations and exceptions that may apply. For example:
- Involuntary medication may be permitted in emergency situations or where the patient poses a risk to themselves or others 3, 4
- Patients who lack decisional capacity may be subject to a "medical incapacity hold" to prevent them from leaving the hospital and putting themselves at risk 6
- The appeals process may be complex and difficult to navigate, which can deter patients from exercising their right to appeal 5
Importance of Awareness and Understanding
It is essential that patients are fully informed of their rights and the appeals process to ensure that they can exercise their rights effectively. Studies have shown that patients who are educated and aware of their rights are more likely to appeal against detention 5. Therefore, it is crucial that healthcare providers and other stakeholders take steps to increase awareness and understanding of patient rights under involuntary treatment orders.