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Conflictual encounters with individuals with mental illness from the perspective of police officers: Reasons, challenges, and experiences with escalating and De-escalating factors – An empirical study of German police officers 从警察的角度看与精神疾病患者的冲突遭遇:原因、挑战和升级和降级因素的经历——对德国警察的实证研究
IF 1.3 4区 医学 Q1 LAW Pub Date : 2025-11-25 DOI: 10.1016/j.ijlp.2025.102167
Lena Posch
This paper examines the perspective of police officers on conflictual encounters with individuals with mental illness. The study aims to identify the frequency, challenges, reasons for intervention, conflict potential, and factors contributing to escalation and deescalation in operations involving mentally ill individuals. To achieve this, a survey of N = 157 police officers was conducted, incorporating both quantitative and qualitative elements. The results indicate that operations involving mentally disturbed individuals are common and a part of them lead to conflict situations. The primary reasons identified on the part of the individuals involved were a lack of understanding of the situation, aggression, mood instability, delusions, disorder-related factors, and resistance or a lack of manageability. On the part of the police officers, impatience, time constraints, and inappropriate intervention strategies were perceived as contributing factors to these conflictual situations. The factors identified as escalating or de-escalating conflict by the police officers were consistent with those reported by individuals with mental illness in previous studies. The report of using force more frequently in deployments with individuals with mental disorders compared to other deployments was positively correlated with insecurity about how to behave during such deployments, perceiving deployments with individuals with mental disorders as particularly dangerous, and negatively correlated with the feeling of being well-prepared for such deployments, highlighting the high relevance of profound police training. The findings are discussed in the context of training approaches for improving police handling of such situations.
本文探讨了警察与精神疾病患者冲突遭遇的观点。该研究旨在确定干预的频率、挑战、干预的原因、冲突的潜在可能性以及导致涉及精神疾病个体的行动升级和降级的因素。为此,对N = 157名警察进行了一项调查,包括数量和质量因素。结果表明,涉及精神障碍个体的行动是常见的,其中一部分导致冲突情况。这些个体的主要原因是缺乏对情境的理解、攻击性、情绪不稳定、妄想、障碍相关因素以及抵抗或缺乏可管理性。在警察方面,不耐烦、时间限制和不适当的干预策略被认为是造成这些冲突局势的因素。警察确定的冲突升级或降级的因素与先前研究中精神疾病患者报告的因素一致。与其他部署相比,在部署有精神障碍的个人时更频繁地使用武力的报告与在这种部署期间如何行事的不安全感呈正相关,认为与精神障碍的个人一起部署特别危险,并与为这种部署做好充分准备的感觉负相关,突出了深刻的警察培训的高度相关性。在改进警察处理这种情况的培训方法的背景下讨论了调查结果。
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引用次数: 0
Can coercion in psychiatry be justified? A theoretical adversarial collaboration approach 精神病学中的强迫是否合理?一种理论上的对抗性合作方法
IF 1.3 4区 医学 Q1 LAW Pub Date : 2025-11-25 DOI: 10.1016/j.ijlp.2025.102171
Dirk Richter , Tilman Steinert
The use of coercion in psychiatry is one of the most controversial issues in modern healthcare. There are clinical, legal and ethical arguments in favour of both the abolition and justification of coercion in psychiatry. The two lines of argument are often diametrically opposed, so further development of the discussion seems difficult. To address this unsatisfactory situation, we have applied the approach of adversarial collaboration to this issue. The two authors represent fundamentally different points of view on the question of the legitimisation of coercion in psychiatry. Through a methodically guided exchange of arguments, numerous consensus hypotheses, dissent hypotheses and general consensus hypotheses with dissent in detail were developed. The main findings include the fact that the antagonists argue from completely different starting points at the core of the argument, namely, general arguments vs. individual clinical cases. In addition, antagonists hold consistent positions on many topics. It can therefore be concluded that both those in favour and those against the abolition of coercion in psychiatry are arguing with good intentions.
在精神病学中使用胁迫是现代医疗保健中最具争议的问题之一。临床、法律和伦理方面的争论都支持废除精神病学中的强迫行为,并为其辩护。这两种观点往往是截然相反的,因此进一步展开讨论似乎很困难。为了解决这一令人不满意的情况,我们对这一问题采取了对抗性合作的办法。这两位作者在精神病学强制合法化的问题上代表了根本不同的观点。通过有系统地指导的论点交换,发展了许多共识假设,异议假设和详细异议的一般共识假设。主要的发现包括,拮抗剂从完全不同的起点争论的核心,即一般论点与个别临床病例。此外,敌对双方在许多议题上立场一致。因此,我们可以得出结论,无论是赞成还是反对废除精神病学强制的人,他们的争论都是出于善意。
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引用次数: 0
Validity and reliability of the Japanese version of the admission experience survey in individuals with mental illness 日文版精神疾病患者入院经历调查的效度与信度
IF 1.3 4区 医学 Q1 LAW Pub Date : 2025-11-24 DOI: 10.1016/j.ijlp.2025.102169
Mayui Nara , Asami Matsunaga , Yuuki Yamada , Chiyo Fujii , Maki Taniguchi
Developing effective strategies to reduce perceived coercion during psychiatric hospitalization requires systematic monitoring of patients' experiences. The Admission Experience Survey (AES) evaluates patients' perceptions of the psychiatric hospitalization process. This study aimed to develop a Japanese version of the AES (AES-J) and assess its reliability and validity in individuals with mental illness. We conducted a cross-sectional survey of individuals with mental illnesses who had experienced psychiatric hospitalization in Japan. The AES-J was developed and evaluated using confirmatory factor analysis (CFA) and multi-group CFA. Spearman's correlation coefficients were calculated to assess the validity against inpatient care experience, patient satisfaction, and mental distress. Cronbach's alpha and intraclass correlation coefficients (ICC) were computed to determine internal consistency and test–retest reliability. A total of 135 participants were enrolled, and 50 completed the AES-J twice. CFA supported the original three-factor structure (Perceived Coercion, Negative Pressures, and Process Exclusion). The strict invariance model demonstrated comparable goodness-of-fit indices to the scalar invariance model. Perceived Coercion and Process Exclusion were significantly correlated with inpatient care experience and patient satisfaction. Negative Pressures was correlated considerably with inpatient care experience but not patient satisfaction. Mental distress did not demonstrate significant correlations with any of the three subscales. Cronbach's alphas were 0.82–0.88, and ICCs were 0.77–0.89. This AES-J showed acceptable validity and reliability for assessing admission experiences among individuals with mental illness in Japan.
制定有效的策略,以减少在精神病住院期间感受到的强迫,需要系统地监测患者的经历。入院经验调查(AES)评估病人对精神科住院过程的认知。本研究旨在开发一套日文版的AES- j量表,并评估其在精神疾病个体中的信度和效度。我们对在日本经历过精神病住院治疗的精神疾病患者进行了横断面调查。采用验证性因子分析(CFA)和多组CFA对AES-J进行了开发和评估。计算Spearman相关系数以评估住院病人护理经验、病人满意度和精神痛苦的效度。计算Cronbach’s alpha和类内相关系数(ICC)以确定内部一致性和重测信度。共纳入135名参与者,其中50人完成了两次AES-J测试。CFA支持最初的三因素结构(感知强制、负面压力和过程排斥)。严格不变性模型的拟合优度指标与标量不变性模型相当。感知强迫和过程排斥与住院病人护理体验和病人满意度显著相关。负压力与住院病人的护理经验相关,但与病人的满意度无关。精神痛苦与三个分量表中的任何一个都没有显著的相关性。Cronbach’s alpha为0.82 ~ 0.88,ICCs为0.77 ~ 0.89。本量表在评估日本精神疾病患者入院经历方面显示出可接受的效度和信度。
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引用次数: 0
The importation model mediated: New evidence for security threat group in the prediction of prison misconduct 输入模型中介:安全威胁群体在监狱不当行为预测中的新证据
IF 1.3 4区 医学 Q1 LAW Pub Date : 2025-11-21 DOI: 10.1016/j.ijlp.2025.102163
Matt DeLisi , H. Daniel Butler , Ben Stickle , Brendan D. Dooley
This study explores the importation model's role in predicting prison misconduct, emphasizing the mediating effect of security threat group membership. Our analysis draws upon archival data from 636 individuals on death row in California. Structural equation modeling examined relationships between pre-prison characteristics—such as psychopathy, age at first arrest, and prior prisons sentences—and prison misconduct. Findings reveal that security threat group membership significantly mediates the impact of psychopathy and age at first arrest on misconduct, accounting for 60 % and 79 % of their respective effects. Moreover, security threat group membership is strongly associated with institutional misconduct, highlighting its role as a critical factor in prison disorder. The results suggest that pre-prison experiences and security threat group involvement should be integral to risk assessments and management strategies of correctional clients. These insights contribute to understanding prison dynamics and offer practical guidance for improving institutional security and reducing misconduct through targeted interventions addressing security threat group activities.
本研究探讨输入模型对监狱不当行为的预测作用,强调安全威胁群体成员的中介作用。我们的分析利用了加州636名死囚的档案数据。结构方程模型检验了入狱前特征(如精神病、第一次被捕的年龄和先前的监狱判决)与监狱不当行为之间的关系。结果显示,安全威胁群体成员显著调节了精神病态和首次被捕年龄对不当行为的影响,分别占其影响的60%和79%。此外,安全威胁团体的成员资格与机构不当行为密切相关,突出了其作为监狱混乱的关键因素的作用。结果表明,监狱前的经历和安全威胁团体的参与应纳入惩教客户的风险评估和管理策略。这些见解有助于了解监狱动态,并为通过有针对性的干预措施解决安全威胁群体活动来改善机构安全和减少不当行为提供实际指导。
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引用次数: 0
Addressing insanity in paedophilic disorder: The need for a cognitive approach for forensic assessment to correctly identify idiopathic, acquired and iatrogenic forms 解决恋童癖障碍中的精神错乱:需要一种认知方法用于法医评估,以正确识别特发性,获得性和医源性形式
IF 1.3 4区 医学 Q1 LAW Pub Date : 2025-11-21 DOI: 10.1016/j.ijlp.2025.102164
Alexa Schincariol , Liisa Camilla Gatto , Georgia Zara , Pietro Pietrini , Giuseppe Sartori , Stefano Ferracuti , Cristina Scarpazza
Assessing insanity in individuals with paedophilic disorder presents unique challenges, particularly due to the diverse aetiologies of the condition, which lead to varying symptomatology and behavioural manifestations. To address this complexity, in this article we overview the characteristics of three variants of paedophilic disorder – idiopathic, acquired, and iatrogenic – and highlight the key obstacles in differentiating these forms, resulting in inconsistent and, at times, biased judicial outcomes. Through the analysis of three real-life case studies, we illustrate how forensic evaluations must go beyond a one-size-fits-all approach, integrating neuropsychological and neuroimaging assessment to provide more precise determinations of criminal responsibility. We therefore propose a cognitive model for the forensic assessment of insanity that emphasises the role of scientific evidence in distinguishing cases in which neurological conditions or medical treatments significantly impair volitional and cognitive capacities. In such cases, incarceration may be inappropriate, as incarceration hinders rehabilitation, while treatment in specialised non-custodial facilities could better address the underlying condition and reduce the risk of recidivism. In our analysis, we argue for the inclusion of a criterion in the DSM to ensure that the symptoms of paedophilic disorders are not due to substance effects or other medical conditions. Finally, we propose guidelines for forensic assessments of insanity in child sexual offences that support a multidisciplinary approach based on the cognitive model. In this framework, behavioural analysis, neuropsychological assessment, and (if necessary) neuroimaging techniques are combined to assess how the condition affects self-determination, ultimately leading to more accurate and scientifically informed legal decisions.
评估患有恋童癖障碍的个体的精神错乱存在独特的挑战,特别是由于疾病的多种病因,导致不同的症状和行为表现。为了解决这一复杂性,本文概述了三种恋童癖障碍的特征——特发性、获得性和医源性——并强调了区分这些形式的主要障碍,这些障碍导致了不一致的,有时是有偏见的司法结果。通过对三个现实案例研究的分析,我们说明了法医评估必须超越一刀切的方法,整合神经心理学和神经影像学评估,以提供更精确的刑事责任确定。因此,我们提出了一种精神错乱法医评估的认知模型,强调科学证据在区分神经系统疾病或医学治疗严重损害意志和认知能力的情况下的作用。在这种情况下,监禁可能是不适当的,因为监禁妨碍康复,而在专门的非监禁设施进行治疗可以更好地解决根本问题并减少再犯的风险。在我们的分析中,我们主张在DSM中加入一个标准,以确保恋童癖障碍的症状不是由于药物作用或其他医疗条件。最后,我们提出了支持基于认知模型的多学科方法的儿童性犯罪精神错乱法医评估指南。在这个框架中,行为分析、神经心理学评估和(如有必要)神经成像技术被结合起来评估这种情况如何影响自我决定,最终导致更准确、更科学的法律决策。
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引用次数: 0
Cross-views between the roles of the therapist and the expert in forensic psychology/psychiatry: A qualitative study 法医心理学/精神病学中治疗师和专家角色的交叉观点:一项定性研究
IF 1.3 4区 医学 Q1 LAW Pub Date : 2025-11-14 DOI: 10.1016/j.ijlp.2025.102162
Maurice W.D. Stauffacher , Silke Grabherr , Stefan Kaiser , Yvan Jeanneret , Valérie Moulin

Aims of the study

Forensic psychology/psychiatry seems particularly subject to ethical tensions, as it involves not only the expert-evaluee or therapist-patient relationships, but also the judicial authorities. This exploratory study aims to identify the professional roles—namely the identity and posture—of both the expert and the therapist within the medico-legal field, with a view to uncovering potential ethical tensions that may arise in the transition from one role to the other.

Method

This exploratory qualitative study was conducted through two research focus groups: one composed of forensic psychiatry experts, and the other of clinical therapists in a Swiss university hospital. We performed a narrative and thematic analysis based on the verbatim transcripts to compare the two groups.

Results

In therapists' discourse, patient support and guidance were central concerns. In the expert witnesses' discourse, the investigation was central. Regarding the ethical posture, therapists emphasised the importance of adjusting to their patients' situations, and the experts mainly cited the bioethical principles of beneficence, non-maleficence, equity and autonomy. The transition from the role of therapist to expert involves the relinquishment of the supportive and guiding function in favour of an investigative posture serving judicial authority, within a limited time frame.

Conclusions

Our study suggests that tensions may emerge when transitioning between the roles of therapists and experts, particularly concerning issues such as confidentiality, beneficence, and the principles of objectivity and neutrality. Moreover, all participants in both focus groups suggested that prior therapeutic experience was an asset for experts, particularly if they were able to relinquish any therapeutic function.
研究的目的法医心理学/精神病学似乎特别受到伦理紧张的影响,因为它不仅涉及专家-评估者或治疗师-病人的关系,而且还涉及司法当局。本探索性研究旨在确定专家和治疗师在医学法律领域的职业角色,即身份和姿态,以期揭示从一个角色过渡到另一个角色时可能出现的潜在伦理紧张关系。方法通过两个研究焦点组进行探索性质的研究,一个是由法医精神病学专家组成的研究小组,另一个是瑞士大学医院的临床治疗师。我们在逐字记录的基础上进行了叙述和主题分析,以比较两组。结果在治疗师的话语中,患者的支持和指导是中心问题。在专家证人的发言中,调查是中心。关于伦理立场,治疗师强调了适应患者情况的重要性,专家们主要引用了仁爱、无害、公平和自主的生物伦理原则。从治疗师的角色过渡到专家的角色涉及在有限的时间框架内放弃支持和指导职能,转而采取为司法当局服务的调查姿态。结论我们的研究表明,当治疗师和专家的角色转换时,可能会出现紧张关系,特别是在保密、慈善、客观和中立原则等问题上。此外,两个焦点小组的所有参与者都表示,先前的治疗经验对专家来说是一笔财富,特别是如果他们能够放弃任何治疗功能。
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引用次数: 0
Observations and perspectives of peer professionals involved in civil commitment rulings for individuals with mental illnesses in South Korea 参与韩国精神疾病患者民事承诺裁决的同行专业人员的观察和观点。
IF 1.3 4区 医学 Q1 LAW Pub Date : 2025-11-06 DOI: 10.1016/j.ijlp.2025.102161
Hyunsung Oh , Sohyun Woo , Soyoun Shin , Lynn C. Holley , Michael Shafer , Heeseung Choi

Background

Following the 2016 South Korean statutory revision that governs psychiatric civil commitment, five regional Admission Suitability Review Boards (ASRBs) were established in 2017. These mental health tribunals were designed to provide public oversight of involuntary hospitalization of people diagnosed with mental illnesses. Most ASRBs are composed of psychiatrists or non-peer mental health professionals. Handful of ASRBs also invited peer professionals—individuals with lived experience of mental illness in recovery—to their civil commitment rulings for deliberation. This study describes observations and perspectives of those peer professionals who served on ASRBs, including their recommendations for improving the processes and outcomes of ASRB hearings.

Methods

Nine peer professionals who have served on ASRBs since 2017 participated in semi-structured individual interviews. Seven were currently practicing peer support services outside the ASRB. Virtual interviews, conducted from October 2023 to November 2023 ranged from 31 to 98 min (M = 72 min). We identified themes and codes through reiterative thematic analysis of verbatim transcripts.

Findings

Four themes emerged from participant narratives. Peer professionals reported mental illness prejudice and discrimination during ASRB hearings, described structural hurdles and barriers embedded in the statute that authorized ASRBs, offered areas for improving ASRB processes, and described mutual growth of peer professionals and their non-peer board member colleagues that can occur when peer professionals participate in ASRB hearings.

Conclusion

Peer professionals play critical roles in ASRBs, which are mandated to ensure fairness for individuals petitioned for civil commitment. By Bridging the gap between petitioned individuals and non-peer colleagues, peer professionals enrich the deliberation process with knowledge and perspectives gained from their own lived experiences. Efforts to enhance procedural justice of ASRBs include clarifying and strengthening ASRB policies and procedures, as well as providing training and technical assistance. These effort should ensure that the voices of petitioned individuals and other stakeholders are heard through ASRB deliberation.
背景:继2016年韩国对精神病学民事承诺进行法定修订后,2017年成立了五个地区入院适宜性审查委员会(ASRBs)。这些精神健康法庭的目的是对被诊断患有精神疾病的人的非自愿住院提供公共监督。大多数asrb由精神科医生或非同侪心理健康专家组成。少数asrb还邀请同行专业人士——在康复过程中有过精神疾病生活经历的人——参加他们的民事承诺裁决,以供审议。本研究描述了在ASRB任职的同行专业人员的观察和观点,包括他们对改进ASRB听证会的过程和结果的建议。方法:9名自2017年以来参与asrb的同行专业人员参加半结构化的个人访谈。其中7人目前在ASRB之外从事同伴支持服务。从2023年10月到2023年11月进行的虚拟访谈时长为31 - 98分钟(M = 72分钟)。我们通过逐字抄本的重复主题分析来确定主题和代码。研究发现:参与者叙述中出现了四个主题。同行专业人员在ASRB听证会上报告了精神疾病偏见和歧视,描述了授权ASRB的法规中嵌入的结构性障碍和障碍,提供了改进ASRB流程的领域,并描述了同行专业人员和他们的非同行董事会成员同事在同行专业人员参加ASRB听证会时可能发生的相互成长。结论:同行专业人员在asrb中起着关键作用,他们被授权确保申请民事承诺的个人的公平性。通过弥合请愿个人与非同行同事之间的差距,同行专业人士从自己的生活经验中获得的知识和观点丰富了审议过程。加强ASRB程序公正的工作包括澄清和加强ASRB政策和程序,以及提供培训和技术援助。这些努力应确保请愿个人和其他利益相关者的声音通过ASRB审议被听到。
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引用次数: 0
Abolition: Is this the only pathway to upholding human rights and ensuring epistemic justice in psychiatry? A key informant qualitative study 废除:这是维护人权和确保精神病学知识公正的唯一途径吗?关键信息质性研究
IF 1.3 4区 医学 Q1 LAW Pub Date : 2025-11-01 DOI: 10.1016/j.ijlp.2025.102160
Cath Roper , Nina Joffee-Kohn , Vrinda Edan , Natasha Swingler , Piers Gooding , Bridget Hamilton

Introduction

Mental health legislation authorises involuntary psychiatric intervention in certain circumstances. Although human rights concerns are becoming more prominent, debates among legal experts, clinicians and activists continue to swirl around people's rights to equal recognition before the law, such as described in the (United Nations Convention on the Rights of Persons with disabilities, 2006).

Aim

This qualitative descriptive study aimed to better understand diverse views of people known to hold a critique of coercion in mental health services, on the practical expression of upholding human rights in the context of mental health laws.

Method

Individual semi-structured interviews were conducted with 15 key informants from five different countries and data was analysed using an inductive, thematic approach.

Results

Overall, informants characterised mental health laws as discriminatory, harmful and unjustifiable. Three themes and six sub-themes were identified. This study reports on the major themes which include: an ethical position (focusing on the present harms associated with mental health laws), strategies, (an expression of the opportunity to bring about change) and a visionary position. We explore these three features in the views of key informants as important positions in the field of abolition, and analyse each for the ‘hermeneutic resources’ – forms of collective interpretive resources - they provide.

Conclusions

Abolition of mental health laws is often seen as not feasible in the context of psychiatry. However, abolition theories and practices are hermeneutic resources that need to be better understood because they offer social justice and community-led solutions beyond mental health laws and systems.
心理健康立法授权在某些情况下进行非自愿的精神病干预。尽管人权问题日益突出,但法律专家、临床医生和活动人士之间的争论继续围绕着人们在法律面前获得平等承认的权利,如《联合国残疾人权利公约》(2006年)所述。目的:这项定性描述性研究旨在更好地了解对精神卫生服务中的强迫行为持批评态度的人对在精神卫生法背景下维护人权的实际表达的不同看法。方法对来自5个不同国家的15名关键信息提供者进行了单独的半结构化访谈,并采用归纳、专题方法对数据进行分析。结果总体而言,举报人认为精神卫生法具有歧视性、有害性和不正当性。确定了三个主题和六个分主题。本研究报告的主要主题包括:道德立场(侧重于目前与精神卫生法有关的危害)、战略(表达带来变革的机会)和远见立场。我们在关键线人的观点中探讨了这三个特征,作为废除领域的重要职位,并分析了他们提供的“解释学资源”-集体解释资源的形式。在精神病学的背景下,废除精神卫生法通常被认为是不可行的。然而,废除理论和实践是解释学资源,需要更好地理解,因为它们提供了超越心理健康法律和系统的社会正义和社区主导的解决方案。
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引用次数: 0
Replacing the medical member of the first-tier Tribunal (Mental health) with a clinical member for tribunal applications and references made under the Mental Health Act 1983 (England and Wales) 根据1983年《精神卫生法》(英格兰和威尔士)提出的法庭申请和推荐信,由一名临床法官取代一级法庭(精神健康)的医疗法官。
IF 1.3 4区 医学 Q1 LAW Pub Date : 2025-10-20 DOI: 10.1016/j.ijlp.2025.102159
Carole Burrell, John L. Taylor
The First-tier Tribunal (Mental Health) was established in 2008 to deal with applications and references concerning people subject to the powers of the England and Wales Mental Health Act 1983. Substantive decisions in tribunal proceedings are made by a panel consisting of a legally qualified judge, a specialist member and a medical member. Applicants to the post of medical member must meet statutory and nonstatutory eligibility requirements including holding a consultant psychiatrist post for at least three years. In this paper, comparisons with other common law jurisdictions are drawn and it is argued that the medical member role in this tribunal is outdated and should be replaced by a newly established ‘clinical member’ role. Eligibility should be based on competence and skills rather than professional qualifications. The post would be open to consultant level mental health practitioners from multiprofessional backgrounds who demonstrate they are capable of meeting the specialist needs of the tribunal. Broadening the range of professionals eligible to be appointed to the clinical member post will help alleviate longstanding difficulties in medical member recruitment; will assist with tribunal efficiency; is in keeping with the extended roles introduced by the Mental Health Act 2007; and will encourage diversity in the range of persons available for selection for appointment.
一级法庭(精神健康)于2008年成立,负责处理涉及受《1983年英格兰和威尔士精神卫生法》管辖的人的申请和推荐信。法庭诉讼中的实质性决定由一个由一名具有法律资格的法官、一名专家成员和一名医务人员组成的小组作出。申请医生职位的申请人必须符合法定和非法定资格要求,包括担任精神病顾问职位至少三年。本文与其他普通法司法管辖区进行了比较,认为该法庭的医疗成员角色已经过时,应由新设立的“临床成员”角色取代。资格应基于能力和技能,而不是专业资格。该职位将开放给具有多专业背景的咨询级心理健康从业人员,他们证明有能力满足法庭的专家需要。扩大合资格获委任担任临床医生职位的专业人员范围,有助纾缓长期以来招聘医生的困难;将协助法庭提高效率;符合《2007年精神卫生法》规定的扩大作用;并鼓励遴选委任人员的范围多元化。
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引用次数: 0
Factors influencing decision-making capacity assessments in involuntary care and treatment in Norway: A qualitative exploration of multi-stakeholder perspectives 影响挪威非自愿护理和治疗决策能力评估的因素:多方利益相关者视角的定性探索
IF 1.3 4区 医学 Q1 LAW Pub Date : 2025-10-09 DOI: 10.1016/j.ijlp.2025.102157
Jacob Jorem , Reidun Førde , Tonje Lossius Husum , Jørgen Dahlberg , Reidar Pedersen

Background

Decision-making capacity (DMC) is a widely used criterion in health laws to balance respect for patient autonomy with protection from the potential consequences of treatment decisions. In 2017, lacking DMC was introduced as an additional criterion for involuntary care and treatment following comprehensive amendments to the Norwegian Mental Health Care Act. Despite the amendments aiming to reduce involuntary care and treatment rates, national health registry data indicate continued rising rates along the pre-2017 trajectory after an initial reduction in 2017. While previous studies suggesting varying DMC assessment quality, little is known about the potential factors influencing these variations.

Aims

To identify factors influencing DMC assessments after introducing a capacity-based mental health law governing involuntary care and treatment.

Methods

60 purposively sampled stakeholders, including patients, families, health professionals, and lawyers, participated in semi-structured interviews and focus groups in 2018, with 26 of these participating in follow-up interviews in 2022–23. The transcribed interviews were analysed using thematic analysis.

Results

Data analysis generated four themes: 1) available resources' influence on DMC assessments; 2) health professionals' values and practices regarding involuntary care; 3) legal interpretations by supervisory bodies regarding involuntary care; and 4) political signals from the health authorities regarding involuntary care.

Conclusion

DMC assessments appear to be influenced by several factors, including resource availability, health professionals' values and practices, legal interpretations by supervisory bodies, and political signals from health authorities. Combined with a lack of systematic training and validated tools, these factors may have raised the threshold for accessing mental healthcare beyond what systematic DMC assessments would suggest, contributing to increased illness severity among patients and rising involuntary care rates post-2017. Further research is needed to better understand the complex dynamics involved in DMC assessments and how to effectively implement capacity-based health laws.
决策能力(DMC)是卫生法中广泛使用的一项标准,用于平衡尊重患者自主权和保护患者免受治疗决策潜在后果的影响。2017年,在对《挪威精神卫生法》进行全面修订后,将缺乏精神分裂症作为非自愿护理和治疗的额外标准。尽管这些修正案旨在降低非自愿护理和治疗率,但国家健康登记数据显示,在2017年初步下降后,非自愿护理和治疗率在2017年前的轨迹上继续上升。虽然先前的研究表明DMC评估质量存在差异,但对影响这些差异的潜在因素知之甚少。目的在引入以能力为基础的精神卫生法管理非自愿护理和治疗后,确定影响DMC评估的因素。方法2018年,有目的地抽样60名利益相关者,包括患者、家属、卫生专业人员和律师,参加了半结构化访谈和焦点小组,其中26人参加了2022-23年的随访访谈。访谈记录采用专题分析进行分析。结果数据分析产生了四个主题:1)可用资源对DMC评估的影响;2)卫生专业人员关于非自愿护理的价值观和做法;3)监督机构对非自愿护理的法律解释;4)来自卫生当局关于非自愿医疗的政治信号。结论dmc评估似乎受到多种因素的影响,包括资源可用性、卫生专业人员的价值观和做法、监管机构的法律解释以及卫生当局的政治信号。再加上缺乏系统的培训和经过验证的工具,这些因素可能提高了获得精神卫生保健的门槛,超出了系统的DMC评估所显示的水平,导致患者疾病严重程度上升,2017年后非自愿护理率上升。需要进一步研究,以更好地了解发展中国家能力管理评估所涉及的复杂动态,以及如何有效地执行基于能力的卫生法。
{"title":"Factors influencing decision-making capacity assessments in involuntary care and treatment in Norway: A qualitative exploration of multi-stakeholder perspectives","authors":"Jacob Jorem ,&nbsp;Reidun Førde ,&nbsp;Tonje Lossius Husum ,&nbsp;Jørgen Dahlberg ,&nbsp;Reidar Pedersen","doi":"10.1016/j.ijlp.2025.102157","DOIUrl":"10.1016/j.ijlp.2025.102157","url":null,"abstract":"<div><h3>Background</h3><div>Decision-making capacity (DMC) is a widely used criterion in health laws to balance respect for patient autonomy with protection from the potential consequences of treatment decisions. In 2017, lacking DMC was introduced as an additional criterion for involuntary care and treatment following comprehensive amendments to the Norwegian Mental Health Care Act. Despite the amendments aiming to reduce involuntary care and treatment rates, national health registry data indicate continued rising rates along the pre-2017 trajectory after an initial reduction in 2017. While previous studies suggesting varying DMC assessment quality, little is known about the potential factors influencing these variations.</div></div><div><h3>Aims</h3><div>To identify factors influencing DMC assessments after introducing a capacity-based mental health law governing involuntary care and treatment.</div></div><div><h3>Methods</h3><div>60 purposively sampled stakeholders, including patients, families, health professionals, and lawyers, participated in semi-structured interviews and focus groups in 2018, with 26 of these participating in follow-up interviews in 2022–23. The transcribed interviews were analysed using thematic analysis.</div></div><div><h3>Results</h3><div>Data analysis generated four themes: 1) available resources' influence on DMC assessments; 2) health professionals' values and practices regarding involuntary care; 3) legal interpretations by supervisory bodies regarding involuntary care; and 4) political signals from the health authorities regarding involuntary care.</div></div><div><h3>Conclusion</h3><div>DMC assessments appear to be influenced by several factors, including resource availability, health professionals' values and practices, legal interpretations by supervisory bodies, and political signals from health authorities. Combined with a lack of systematic training and validated tools, these factors may have raised the threshold for accessing mental healthcare beyond what systematic DMC assessments would suggest, contributing to increased illness severity among patients and rising involuntary care rates post-2017. Further research is needed to better understand the complex dynamics involved in DMC assessments and how to effectively implement capacity-based health laws.</div></div>","PeriodicalId":47930,"journal":{"name":"International Journal of Law and Psychiatry","volume":"104 ","pages":"Article 102157"},"PeriodicalIF":1.3,"publicationDate":"2025-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145267636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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International Journal of Law and Psychiatry
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