OBJECTIVE: To determine the characteristics of cases of drug treatment
refusal under the Rivers decision, which mandated court adjudication of
such cases, the authors made a retrospective study of all applications for
court review during 1 year in New York State inpatient facilities. METHOD:
Sociodemographic and clinical characteristics of these 473 cases were
compared with those of the 41,535 cases during the same period in which no
court review was requested. RESULTS: A 1% prevalence of applications
requesting court review for nonemergency administration of medication over
objection was found. The patients who refused medication were more likely
than the comparison patients to have a crime-associated commitment status,
a diagnosis of schizophrenia, and fewer previous hospital days, and they
were more likely to be discharged. Medication refusers for whom
applications for court review were submitted had relatively longer
hospitalizations than the rest of the patients. Almost one-third of the
applications submitted were withdrawn before court hearings, yielding a
0.7% prevalence of court- reviewed applications. Ninety-two percent of
these applications for medication over objection were approved with
virtually no change in the requested orders. CONCLUSIONS: The study
findings demonstrate that a front-end judicial determination of competency
to refuse medication results in a time-consuming procedure which fails to
ensure real due process or provide individualized alternative treatment. A
two-tier system with in-house clinical review preceding judicial review is
proposed to remedy the deficiencies of the current system.
Abstract Teaser