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KMID : 0986720100180020120
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Korean Journal of Medicine and Law
2010 Volume.18 No. 2 p.120 ~ p.143
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Outpatient Treatment Order of Mental Illness in the U.S.A. and New Zealand
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Shin Eun-Joo
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Abstract
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Outpatient treatment order is a mechanism used to compel a person with mental illness to comply with psychotropic drug and treatment orders as a condition of living in the community. This order is used in many countries, including Australia, Israel, New Zealand, the United Kingdom and the United States.
Outpatient treatment is less restrictive to compulsorily treat someone in the community than to subject them to repeated hospital admissions. It is effective in bringing stability to the lives of people with mental illness. It will be replaced by a greater emphasis on control, restraint and threat.
Although there are the therapeutic value of outpatient treatment in the United States and New Zealand, because it is a model that relies on coercion rather than voluntary choice, there is reason to question whether it will produce more favorable treatment outcomes.
To do this, the law in both countries try to apply through procedures designed to minimize the antitherapeutic effects of coercion. Thus hearings for outpatient commitment is structured in ways that accord patients a procedural justice, treating them with fairness, dignity, and respect, attempting to motivate them to accept treatment rather than coercing them to do so.
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KEYWORD
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outpatient commitment, involuntary outpatient treatment, outpatient treatment order, mental illness
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