강제입원의 법적 기준에 대한 고찰 : 입원적합성 심사에참고할 해외 사례의 소개를 포함하여
Contemplation of Legal Criteria of Psychiatric Compulsory Admission : Including an Introduction of US Case Which Can be Referred to the Assessment of the Appropriateness of Hospitalization in Korea
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The Korean Mental Health Act has been radically reformed recently in order to improve psychiatric patients’ human rights by regulating the compulsory admission process. However, the expert group brought up questions about difficulties in practice and incoherence in its philosophy before the Act was implemented. There are already discussions concerning the next revision of the Act. In such a situation, lessons can be learned from the experiences of other countries. Articles on psychiatric compulsory admission were comprehensively reviewed with the focus on legal criteria, and found that current trends worldwide include a move towards broad diagnostic criteria, use of capacity and treatability test, and treatment in the interest of health rather than safety. In addition, we introduce the Whittington scale, an assessment tool for the appropriateness of hospitalization used in the Connecticut Mental Health Center, US, as a reference for the similar procedure being implemented soon in Korea.
Abstract
The Korean Mental Health Act has been radically reformed recently in order to improve psychiatric patients’ human rights by regulating the compulsory admission process. However, the expert group brought up questions about difficulties in practice and incoherence in its philosophy before the Act was implemented. There are already discussions concerning the next revision of the Act. In such a situation, lessons can be learned from the experiences of other countries. Articles on psychiatric compulsory admission were comprehensively reviewed with the focus on legal criteria, and found that current trends worldwide include a move towards broad diagnostic criteria, use of capacity and treatability test, and treatment in the interest of health rather than safety. In addition, we introduce the Whittington scale, an assessment tool for the appropriateness of hospitalization used in the Connecticut Mental Health Center, US, as a reference for the similar procedure being implemented soon in Korea.
참고문헌 (37)
- Compulsory admission and involuntary treatment of mentally ill patients-legislation and practice in EUmember states, "Salize HJ", Central Institute of Mental Health, ~, pp.Grant Agreement No. SI2.254882(2000CVF3-407) (2002)
- Feiring E, "Interpretations of legal criteria for involuntary psychiatric admission : a qualitative analysis", BMC Health Serv Res, 14, pp.500~ (2014)
- Jacobsen TB., "Involuntary treatment in Europe: different countries, different practices", Curr Opin Psychiatry, 25, pp.307~310 (2012)
- Zinkler M, "Detention of the mentally ill in Europe--a review", Acta Psychiatr Scand, 106, pp.3~8 (2002)
- Zhang S, "Involuntary admission and treatment of patients with mental disorder", Neurosci Bull, 31, pp.99~112 (2015)
- 김신미, "중년기 성인의 노화불안과 자기효능감에 관한 연구", 정신간호학회지, 17(3), pp.281~291 (2008), 한국정신간호학회
- Fistein EC, "Tensions between policy and practice : a qualitative analysis of decisions regarding compulsory admission to psychiatric hospital", Int J Law Psychiatry, 46, pp.50~57 (2016)
- Molodynski A, "World Association of Social Psychiatry International Working Group on Coercion. Coercion and compulsion in mental healthcare-an international perspective", Asian J Psychiatr, 8, pp.2~6 (2014)
- "Constitutional Court of Korea" (2016)[URL]
- "Mental Health Act" (2016)[URL]
- Salize HJ, "Coercion, involuntary treatment and quality of mental health care: is there any link?", Curr Opin Psychiatry, 18, pp.576~584 (2005)
- Riecher-Rössler A, "Compulsory admission of psychiatric patients--an international comparison", Acta Psychiatr Scand, 87, pp.231~236 (1993)
- Kallert TW, "Differences of legal regulations concerning involuntary psychiatric hospitalization in twelve European countries : implications for clinical practice", Int J Forensic Ment Health, 6, pp.197~207 (2007)
- De Stefano A, "Involuntary admission and compulsory treatment in Europe : an overview", Int J Ment Health, 37, pp.10~21 (2008)
- Brayley J, "Legal criteria for involuntary mental health admission : clinician performance in recording grounds for decision", Med J Aust, 203, pp.334~ (2015)
- FRA-European Union Agency for Fundamental Rights, "Involuntary placement and involuntary treatment of persons with mental health problems", Publications Office of the European Union, ~ (2012)
- Gray JE, "Australian and Canadian mental health Acts compared", Aust N Z J Psychiatry, 44, pp.1126~1131 (2010)
- Hiday VA, "Civil commitment : a review of empirical research", Behav Sci Law, 6, pp.15~43 (1988)
- Diseth RR, "Compulsory mental health care in Norway : the treatment criterion", Int J Law Psychiatry, 37, pp.168~173 (2014)
- Fistein EC, "A comparison of mental health legislation from diverse Commonwealth jurisdictions", Int J Law Psychiatry, 32, pp.147~155 (2009)
- McLachlan AJ, "Criteria for involuntary hospitalisation", Aust N Z J Psychiatry, 33, pp.729~733 (1999)
- Owen GS, "The legal and ethical framework for psychiatry", Medicine, 40, pp.666~667 (2012)
- Perlin ML, "Sanism and the law", Virtual Mentor, 15, pp.878~885 (2013)
- Bagby RM, "The effects of legislative reform on civil commitment admission rates : a critical analysis", Behav Sci Law, 6, pp.45~61 (1988)
- Helmchen H, "Ethics in psychiatry: European contributions" (2010), Springer
- Sjöstrand M, "Conceptions of decision-making capacity in psychiatry : interviews with Swedish psychiatrists", BMC Med Ethics, 16, pp.34~ (2015)
- Banner NF, "‘Radical interpretation’ and the assessment of decision-making capacity", J Appl Philos, 30, pp.379~394 (2013)
- Davidson G, "An international comparison of legal frameworks for supported and substitute decision-making in mental health services", Int J Law Psychiatry, 44, pp.30~40 (2016)
- Doyal L, "Mental health legislation should respect decision making capacity", BMJ, 331, pp.1467~1469 (2005)
- Dawson J, "A realistic approach to assessing mental health laws’ compliance with the UNCRPD", Int J Law Psychiatry, 40, pp.70~79 (2015)
- Dawson J, "Fusion of mental health and incapacity legislation", Br J Psychiatry, 188, pp.504~509 (2006)
- Henisz JE, "Criteria for psychiatric hospitalization : a checklist approach", Behav Res Methods Instrum, 13, pp.629~636 (1981)
- Burns T., "Psychiatry: a very short introduction", pp.51~54 (2006), Oxford University Press
- Monahan J, "Coercion and commitment : understanding involuntary mental hospital admission", Int J Law Psychiatry, 18, pp.249~263 (1995)
- Fakhoury W, "Deinstitutionalization and reinstitutionalization : major changes in the provision of mental healthcare", Psychiatry, 6, pp.313~316 (2007)
- Priebe S, "Reinstitutionalisation in mental health care : comparison of data on service provision from six European countries", BMJ, 330, pp.123~126 (2005)
- Lorant V, "Involuntary commitment in psychiatric care: what drives the decision?", Soc Psychiatry Psychiatr Epidemiol, 42, pp.360~365 (2007)