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Shared Decision-Making in Mental Health Care - SAMHSA Store ...

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70Although IOC laws vary from State to State, they generally require <strong>in</strong>dividuals totake medication and comply with other outpatient treatment recommendations orrisk be<strong>in</strong>g placed <strong>in</strong> <strong>in</strong>patient psychiatric hospitals. Currently, the requirements forIOC may be def<strong>in</strong>ed very loosely (e.g., diagnosis of a major mental disorder and ahistory of treatment noncompliance) or very tightly (e.g., imm<strong>in</strong>ent risk of dangerto self or others). Overall there is little standardization, and few specific guidel<strong>in</strong>es,for recommend<strong>in</strong>g IOC. Laws and procedures typically rely on past behavior as apredictor of future behavior, or on a subjective assessment of current communityfunction<strong>in</strong>g (Bazelon, 2007). IOC is a legal def<strong>in</strong>ition and may constra<strong>in</strong> decisionmak<strong>in</strong>gand self-care.However, the Institute of Medic<strong>in</strong>e (2006) did not view <strong>in</strong>voluntary or coerced treatmentas an absolute barrier to SDM, and concluded:The phenomenon of coercion, like the consequences of stigma anddiscrim<strong>in</strong>ation, has implications for the implementation of the QualityChasm rule of patients be<strong>in</strong>g able to exercise the degree of controlthey choose over health care decisions that affect them. Despitethese difficulties, however, the committee f<strong>in</strong>ds that the aim of patient-centeredcare applies equally to <strong>in</strong>dividuals with and withoutmental and substance use (M/SU) illnesses. To compensate for theobstacles presented by coercion, as well as those posed by stigmaand discrim<strong>in</strong>ation the committee f<strong>in</strong>ds that health care cl<strong>in</strong>icians,organizations, <strong>in</strong>surance plans, and Federal and State Governmentswill need to undertake specific actions to actively support all M/SUpatients’ decision-mak<strong>in</strong>g abilities and preferences, <strong>in</strong>clud<strong>in</strong>g thoseof <strong>in</strong>dividuals who are coerced <strong>in</strong>to treatment (p. 112).The IOM went on to recommend:[T]he ways <strong>in</strong> which <strong>in</strong>dividuals perceive coercion vary and are <strong>in</strong>fluencedby the nature of the coercive process and the extent to whichpatients perceive those who are coercive as act<strong>in</strong>g out of concernfor them; treat<strong>in</strong>g them fairly, with respect, and without deception;giv<strong>in</strong>g them a chance to tell their side of the story and consider<strong>in</strong>gwhat they have to say about treatment decisions (Morley, F<strong>in</strong>ney,Monahan, & Floyd, 1996). In all circumstances, then, but especiallywhen negative pressures are be<strong>in</strong>g used, patients need to be affordedas much process as possible. Further, <strong>in</strong>dividuals who are coerced<strong>Shared</strong> <strong>Decision</strong>-<strong>Mak<strong>in</strong>g</strong> <strong>in</strong> <strong>Mental</strong> <strong>Health</strong> <strong>Care</strong>:Practice, Research, and Future Directions

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