PLC or TLC: is outpatient commitment the/an answer?
The lively debate over mandated community treatment in general and outpatient commitment laws (OPC) in particular has raised many issues. At its core, the debate is over how and to what extent laws should be formulated to persuade, leverage or coerce (PLC) persons with severe mental illness living in the community to comply with medications that mental health professionals believe they need. The alternative to PLC is what we call TLC (tender loving care): a strategy of using benefits - improved patient-centered treatment, entitlements and service delivery, including assertive outreach - rather than penalties or conditions on access to services, to induce compliance. We examine three aspects of the debate: (1) the empirical case for the need for OPC court orders to maintain revolving-door severely mentally ill persons in the community; (2) the normative argument over whether such orders constitute coercion, and, if so, whether that coercion is justifiable; and (3) the incentives such orders create to leverage community providers to augment resources and tailor treatment and services to entice patients to become willing participants in the management of their disorders.
Wales
Heathcote W
HW
Georgetown University Law Center, United States. wales@law.georgetown.edu
Hiday
Virginia Aldigé
VA
D000553:Ambulatory Care / Q000331:legislation & jurisprudence*; D003068:Coercion; D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D003156:Community Mental Health Services / Q000331:legislation & jurisprudence* / Q000458:organization & administration; D003688:Deinstitutionalization / Q000331:legislation & jurisprudence; D006282:Health Personnel; D006801:Humans; D001523:Mental Disorders / Q000628:therapy*; D010565:Persuasive Communication; D011369:Professional-Patient Relations; D014481:United States