The Right of the Psychiatric Patient to Refuse Treatment

Abstract

A comprehensive review of the psychiatric patient's right to refuse treatment is presented and compared to a right to treatment. Involuntary psychiatric patients are still denied an adequate right to refuse treatment based largely on their involuntary status. An argument is presented which explores the lack of a rational basis for this denial based on the involuntary v. voluntary status classification as used in the New York State Mental Hygiene Law and the New York State Department of Mental Hygiene's regulations. This would be in violation of the equal protection and due process clauses of the 14th amendment. A more strict view of the right to refuse treatment which could only be denied by a judicial decree of incompetency would promote a better therapeutic alliance that will be in the patient's interest.