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Hosp Community Psychiatry 36:984-989, September 1985
© 1985 American Psychiatric Association
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A Response to Comments on APA's Model Commitment Law

Alan A. Stone M.D.1

1 Harvard University, Cambridge, Massachusetts

Harvard Law School, Cambridge, Massachusetts 02138

APA's model commitment law was drafted in response to the dominant libertarian approach to civil commitment, which holds that the liberty and privacy interests of a mentally ill individual must be given precedence over all other interests. The author, who was instrumental in drafting APA's model law, responds to questions about the law's provisions raised by the five commentators in this issue. They relate to adequate treatment, practical impact, advocacy, screening and appropriate placement, the fiveday emergency commitment period, exclusion of psychologists from the commitment process, and malpractice litigation as a means of improving mental health services. He identifies what be believes to be limitations in the model law, which underwent several modifications before its approval by APA as Guidelines for the Civil Commitment of Adults.




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