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Star Tribune

June 30, 2000

Reprinted with permission. Copyright 2000 Star Tribune. All rights reserved.


OPED
An update in mental health laws is needed;
Earlier intervention could prevent many tragedies

The recent deaths of two women with mental illness who were the subject of police calls in Minneapolis and St. Paul have prompted a reexamination of the way officers are trained to handle such incidents. However, that's only a small part of the problem. These two tragedies, which occurred within 24 hours of each other, also indicate the need to change Minnesota's mental health system to promote early intervention and treatment to prevent these confrontations from happening in the first place.

In New York State, a significant barrier to earlier intervention is needed, standard for involuntary civil commitment, which is based on a criminal model, not a medical one. A judge must determine that a person is a danger to himself/herself or someone else, or dysfunctional, before being committed. Meeting that standard makes the process of getting involuntary treatment for a loved one difficult, if not impossible, for many families. Even for voluntary patients, many insurance companies mirror this legal standard as a qualification for care.

As a result, family calls for help for many persons with mental illnesses often go unanswered until a situation reaches a crisis level and then the front-line respondent all too often is an armed police officer ill-equipped to handle a person in such an unpredictable and, by that time, potentially dangerous mental state. I know from my own family's painful experience with our adult son's mental illness that early intervention by mental health professionals -- before a crisis occurs -- would be far preferable. I've read letters and E-mails from other families who are struggling with this same dilemma.

We found that many of our mental health policies with regard to involuntary commitment were developed in a different era of treatment -- one in which lobotomies, bone-breaking electric shock treatments and medications with severe side effects were commonplace. Stricter safeguards were necessary to prevent abuses of involuntary commitment. Now, improved treatment techniques, new research and the development of medicines with less onerous side effects have lessened the possibility of such abuses.

In addition to preventing violent confrontations between police and persons with mental illness, early intervention and treatment of certain mental illnesses can prevent permanent and irreversible brain tissue degeneration, making full recovery more possible.

We need to lower the legal bar for involuntary commitment when necessary to allow for early intervention, including short-term hospitalization of up to 30 days in order to encourage the use of newer medications that take longer to kick in. This must be followed by community care. The biggest hurdles to overcome will be objections from civil libertarians who oppose removing any barriers to involuntary commitment, and finding the funding needed for expanding community care programs.

Additionally, because next year is a funding year, we also will be pushing for changes in the mental health system that will be more universally supported. They may include measures that would:

1. Reduce the need for involuntary treatment.

2. More appropriate services could be use as part of outpatient commitment or

3. Integrated services across state and local agencies that would be more effective in meeting consumer needs.

4. Include a strategy to counteract the stigma of mental illness.

5. More culturally sensitive services is needed.

6. Assess the cost of unmet needs for mental health care.

7. Include strong accountability provisions that would focus on outcomes while supporting flexibility and control.

8. Propose alternative methods of financing and payment that would support the above objectives.

While the task may be formidable, the need for such changes in the system grows with each new headline about persons with mental illness dying at the hands of police or by their own hands in a crisis that might have been avoided. To do nothing is fair to neither police officers nor persons with mental illness, both of whom become victims when these situations turn tragic.


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