An Ethicolegal Analysis of Involuntary Treatment for Opioid Use Disorders.

J Law Med Ethics

Farhad R. Udwadia, MBE, is affiliated with Neuroethics Canada, Division of Neurology, Department of Medicine, at the University of British Columbia in Vancouver, and completed this work while at the Center for Bioethics at Harvard Medical School. Judy Illes, C.M., Ph.D., is affiliated with Neuroethics Canada, Division of Neurology, Department of Medicine, at the University of British Columbia in Vancouver.

Published: December 2020

AI Article Synopsis

  • Supply-side interventions like drug monitoring and "pill mill" laws have been ineffective at addressing the opioid crisis, leading to the adoption of court-mandated involuntary commitment and treatment in various regions.
  • In Massachusetts, a specific law allows certain individuals to petition for the forced treatment of people whose substance abuse poses serious harm, raising ethical questions.
  • The paper critiques this law, arguing that the infringement on personal autonomy and privacy is not justified due to insufficient evidence of benefits and potential harm, and suggests four recommendations for improving the ethical application of the law.

Article Abstract

Supply-side interventions such as prescription drug monitoring programs, "pill mill" laws, and dispensing limits have done little to quell the burgeoning opioid crisis. An increasingly popular demand-side alternative to these measures - now adopted by 38 jurisdictions in the USA and 7 provinces in Canada - is court-mandated involuntary commitment and treatment. In Massachusetts, for example, Part I, Chapter 123, Section 35 of the state's General Laws allows physicians, spouses, relatives, and police officers to petition a court to involuntarily commit and treat a person whose alcohol or drug abuse poses a likelihood of serious harm. This paper explores the ethical underpinnings of this law as a case study for others. First, we highlight the procedural and substantive standards of Section 35 and evaluate the application of the law in practice, including the frequency with which it has been invoked and outcomes. We then use this background to inform an ethical critique of the law. Specifically, we argue that the infringement of autonomy and privacy associated with involuntary intervention under Section 35 is not currently justified on the grounds of a lack of evidenced benefits and a risk of significant of harm. Further ethical concerns also arise from a lack of standard of care provided under the Section 35 pathway. Based on this analysis, we advance four recommendations for change to mitigate these ethical shortcomings.

Download full-text PDF

Source
http://dx.doi.org/10.1177/1073110520979383DOI Listing

Publication Analysis

Top Keywords

ethicolegal analysis
4
analysis involuntary
4
involuntary treatment
4
treatment opioid
4
opioid disorders
4
disorders supply-side
4
supply-side interventions
4
interventions prescription
4
prescription drug
4
drug monitoring
4

Similar Publications

Should the use of omeprazole be allowed during equestrian competition?

Equine Vet J

July 2024

School of Veterinary Sciences, Massey University, Palmerston North, New Zealand.

Background: Prioritising equine welfare, making evidenced-based policy, and consistent decision-making across sports are crucial to maintaining the social licence for equestrian sport. Regulations on the use of omeprazole during competition differ; all regulators argue that their rules prioritise welfare. This discrepancy is a matter of concern to the public and equestrian stakeholders.

View Article and Find Full Text PDF

Legal and ethical challenges in assisted reproductive technology practice in Ghana.

Ghana Med J

March 2024

University of Ghana Medical School, College of Health Sciences, University of Ghana, P. O. Box GP 4236, Accra.

Objective: Infertility remains a global challenge, with assisted reproductive technology (ART) progressively gaining relevance in developing countries, including Ghana. However, associated ethico-legal challenges have not received the needed policy attention. This study explored the legal and ethical challenges of ART practice in Ghana.

View Article and Find Full Text PDF

Background: There is growing momentum worldwide for assisted dying. In Australia, voluntary assisted dying may occur in any setting, including an intensive care unit (ICU). As the subject of much debate worldwide, exploring ICU clinicians' perceptions of assisted dying is essential.

View Article and Find Full Text PDF

The consumption of fresh water has generated additional problems in certain territories, along with the consequences of global warming. This has meant that in the most vulnerable areas, such as the Balearic archipelago in the Mediterranean, alternative water supply systems have been established: desalination plants. However, the ecological impact of these infrastructures is great, mainly affecting aquatic ecosystems.

View Article and Find Full Text PDF

Access to health care for Afghan immigrants and refugees: an ethico-legal analysis based on the Iranian health law system.

J Med Ethics Hist Med

December 2023

Associate Professor, Medical Ethics and History Research Center, Tehran University of Medical Sciences, Tehran, Iran; Lecturer, Monash Bioethics Center, Monash University, Melbourne, Australia.

The right to health is an internationally recognized and established human right with a long history of appreciation, indicating that governments should guarantee the highest possible level of access to health and provide health-care serivces with no discrimination based on nationality, race, gender, language or religion. The present study explored this topic using an analytic-descriptive approach. We reviewed related laws, policies and other available documents with the aim to investigate the ethico-legal aspects of Afghan refugees' and immigrants' access to health care and the challenges in in this regard within the Iranian health law system.

View Article and Find Full Text PDF

Want AI Summaries of new PubMed Abstracts delivered to your In-box?

Enter search terms and have AI summaries delivered each week - change queries or unsubscribe any time!