1988 Articles

A Comparison of Clinical and Judicial Procedures for Reviewing Requests for Involuntary Medication in New York

Cournos, Francine; McKinnon, Karen; Adams, Carole

The Rivers v. Katz decision substituted judicial review for administrative review of requests for involuntary medication of patients in New York State mental hospitals. This change, prompted by concern for the rights of involuntarily committed patients, did not delay or diminish the use of involuntary medication in a large state hospital. Advantages of judicial review include a better understanding by clinicians of the legal basis for involuntary medication and greater patient participation in the review procedure. Disadvantages include lack of an independent clinical review and increased costs.