human rights and legislation who resource book on mental health

Figure 1.
Procedure for combined involuntary admission <strong>and</strong> treatment
(in this figure, wherever involuntary admission is mentioned, involuntary treatment is also assumed)
Person does not meet the criteria; can only be
admitted voluntarily
Patient is evaluated for involuntary admission; all criteria
are carefully evaluated
Person meets criteria for involuntary admission;
application is made for admission by family
member, personal representative or
State-appointed person
}
Assessment
may include
determining
whether the
person would
be more
effectively
treated in
hospital or in
the community
Involuntary admission not
granted; patient may not be
admitted/must be
discharged immediately
Independent review body thorougly reviews
application
Involuntary admission authorized
Patient/family member/personal representative
may appeal decision
Patient to retain
the right to be
involved in
treatment plan
<strong>and</strong> to
evidence-based
options
Appeal considered by court, tribunal or other
authorized independent body
Appeal upheld
Appeal denied
As soon as
patient no
longer meets
involuntary
criteria, status
must return to
voluntary
Patient must be discharged
immediately
Involuntary admission authorized
In case of a separate procedure for involuntary treatment
(Where admission <strong>and</strong> treatment are separate, the above procedure should be undertaken, followed by the following
procedure for involuntary treatment)
Involuntarily admitted patient is examined by accredited mental
health practitioner to assess incapacity to consent to treatment
Patient is assessed to be incapable of
making a decision concerning treatment
Patient is assessed to be capable of making
decision concerning treatment
Independent authority/body reviews capacity
<strong>and</strong> determines whether involuntary treatment
can be given
No involuntary treatment; patient must provide
consent to treatment before it can be given
Patient is judged capable of
making a decision concerning
treatment; no involuntary
treatment can be given
Patient is judged incapable of
making a decision concerning
treatment; involuntary
treatment can be given
Appeal process can be
initiated, as above
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