DO WE NEED “ADVANCE DIRECTIVE” IN INDIAN SETTINGS?

Dr. Dharmender Nehra, Dr. Vivek Srivastava, Dr. Priti Singh, Dr. Rajiv Gupta, Dr. Ashish Kumar Malik

Abstract


Incorporation of the concept of advance directive under the Mental Health Care Act of 2017 has raised many eyebrows. This concept, which is often being termed as the mimeo-graphic representation of the mental health acts of western countries, is supposed to be hard in finding relevancy in the Indian society. The question-mark is being put, not only regarding our preparedness over this issue but also over its appropriation in specific conditions. In times where we have not been to challenge satisfactorily the stigma and discrimination against the mentally ill, and are still trying to provide them with minimal facilities, the issue of Advanced Directive (ADs) would be difficult to be imbibed among the masses, whose knowledge and understanding of mental illness is still in destitute state. Furthermore, lack of clarity around ability to carry out or revoke the ADs and its related concepts like that of nominated representative, is going to make the task no easier. The idea of Advanced Directive has found it difficult to be consistent in the western societies, where it originally took birth and has been posed with many hindrances. As such, inadequate attention towards various associated logistical concerns may present to substantial hindrance in proper implementation of the ADs

Keywords


advance directive, nominated representative, mental health

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References


Rao GP, Math SB, Raju M, Saha G, Jagiwala M, Sagar R. et al. Mental Health Care Bill, 2016: A boon or bane? Indian J Psychiatry. 2016; 58:244-9.

Widdershoven G, & Berghmans R. Advance directives in psychiatric care: a narrative approach. Journal of Medical Ethics. 2001; 27:92–97.

Bellhouse J, Holland A, Clare I, & Gunn M. Decision-making capacity in adults: its assessment in clinical practice. Advances in Psychiatric Treatment. 2001; 7: 294–301.

Srebnik D, LaFond J. Advance directives for mental health services: current perspectives and future directions. Psychiatric Services. 1999; 50:919-925.

Hickman SE, Hammes BJ, Moss AH, Tolle SW. “Hope for the Future: Achieving the Original Intent of Advance Directives,” Improving End of Life Care: Why Has It Been So Difficult? Hastings Center Report Special Report. 2005; 35, no. 6: S26-S30.

Srebnik DS, Rutherford LT, Peto T, Russo J, Zick E, Jaffe C, Holtzheimer P. The content and clinical utility of psychiatric advance directives. Psychiatr Serv. 2005; 56:592–598.

Appelbaum PS. Advance directives for psychiatric treatment. Hospital and Community Psychiatry. 1991; 42: 983-984.

Sarin A. The curious case of the advance directive in psychiatry. Indian J Soc Psychiatry. 2015; 31:119-22.

Ratnam A, Rudra A, Chatterjee K, Das RC. Psychiatric Advance Directives in India: What will the future hold? Asian Journal of Psychiatry. 2015; 16, 36–40.

Sarin A, Murthy P, Chatterjee S. Psychiatric advance directives: potential challenges in India. Indian J Med Ethics. 2012; Apr-Jun; 9(2):104-7.

Deegan PE. “The Independent Living Movement and People with Psychiatric Disabilities: Taking back Control over our own Lives”, Psychosocial Rehabilitation Journal. 1992; 15 (3): 19.

Jankovic J, Richards F, & Priebe S. Advance statements in adult mental Health. Advances in psychiatric treatment. 2010; vol. 16, 448–455.

Szasz TS. The psychiatric will: A new mechanism for protecting persons against "psychosis" and psychiatry. American Psychologist. 1982; 37(7), 762-770.

Department of Health. Mental Capacity Act. London: HMSO; 2005.

Morrissey F. 'Advance Directives in Mental Health Care: Hearing the Voice of the Mentally Ill', Medico Legal Journal of Ireland. 2010; 21, 16 (1).

Weller PJ. “Advance Directives and the Translation of Human Rights Principles in Mental Health Laws- Towards a Contextual Analysis”, Discussion Paper presented at Quarterly Mental Health Consumer, Carer and Community Forum, Mental Health Community Coalition ACT. 2008; May 12, 2008

Winick BJ. Advance directive instruments for those with mental illness. University of Miami Law Review. 1996; 51, 57-95.

Scheyett A, Kim M, Swanson J., et al. Psychiatric advance directives: a tool for consumer empowerment and recovery. Psychiatric Rehabilitation Journal. 2007; 31:70–75.

Zelle H, Kemp K, Bonnie RJ. Advance directives in mental health care: evidence, challenges and promise. World Psychiatry. 2015; 14(3): 278- 280.

Shields LS, Pathare S, van Zelst SDM, Dijkkamp S, Narasimhan L, Bunders JG. Unpacking the psychiatric advance directive in low-resource settings: an exploratory qualitative study in Tamil Nadu, India [Internet]. Int J Ment Health Syst. 2013; 7(1):29. doi: 10.1186/1752-4458-7-29

Wilder CM, Swanson JW, Bonnie RJ, Wanchek T, McLaughlin L, & Richardson J. A survey of stakeholder knowledge, experience, and opinions of advance directives for mental health in Virginia. Administration and Policy in Mental Health and Mental Health Services Research. 2012; 1-8.

Danis M, Southerland L, Garrett J, et al. A prospective study of advance directives for life-sustaining care. New England Journal of Medicine. 1991; 324:882–888.

Gilbert S. Study finds doctors refuse patients’ requests on death. New York Times. 1995; Nov 22, p A1.

Swanson JW, Tepper MC, Backlar PB, Swartz MS, Estroff SE. Psychiatric advance directives: an alternative to coercive treatment? Psychiatry. 2000; 63:160–172.

Swanson JW, Swartz MS, Ferron J, Elbogen E & Van Dorn R. Psychiatric advance directives among public mental health consumers in five US cities: Prevalence, demand, and correlates. Journal of the American Academy of Psychiatry and the Law. 2006; 34, 43-57.

Wig NN. Stigma against mental illness: Indian Journal of Psychiatry. 1997; 39 (3); 187-189.

WHO. WHO resource book on Mental Health, Human Rights and Legislation World Health Organization Publication, Geneva. 2005; Available from:

Patel V, Kirkwood BR, Pednekar S, Weiss H, Mabey D. Risk factors for common mental disorders in women. Population-based longitudinal study. Br J Psychiatry. 2006; 189:547-55.

Rane A & Nadkarni A. Towards a new mental health act for India (Letter to Editor). Asian Journal of Psychiatry. 2013; 6: 82.

Swanson JW, McCrary SV, Swartz MS, Van Dorn RA, Elbogen EB. Overriding psychiatric advance directives: Factors associated with psychiatrists' decisions to preempt patients' advance refusal of hospitalization and medication. Law and Human Behavior. 2007; 31(1):77–90.

Arrigo BA, Williams CR. Chaos theory and the social control thesis: A post-Foucauldian analysis of mental illness and involuntary civil confinement. Social Justice. 1999; 26(1):177–180.

Swartz MS, Swanson JW, Hannon MJ. Does fear of coercion keep people away from mental health treatment? Evidence from a survey of persons with schizophrenia and mental health professionals. Behavioral Sciences & the Law. 2003; 21(4):459–472.

Van Dorn RA, Elbogen EB, Redlich A, Swanson JW, Swartz MS, Mustillo S. The relationship between mandated treatment and perceived barriers to care in persons with severe mental illness. International Journal of Law & Psychiatry. 2006; 29:495–506.

Van Dorn RA, Scheyett A, Swanson JW, Swartz MS. Psychiatric Advance Directives and Social Workers: An Integrative Review. Soc Work. 2010; April; 55(2): 157–167.

Kermode M, Herrman H, Arole R, White J, Premkumar R, Patel V. Empowerment of women and mental health promotion: a qualitative study in rural Maharashtra, India. BMC public health. 2007; 7:225.

Weiss MG, Isaac M, Parkar SR, Chowdhury AN, Raguram R. Global, national, and local approaches to mental health: examples from India. Trop Med Int Health. 2001; 6(1):4-23.

Chowdhury AN, Chakraborty AK, Weiss MG. Community mental health and concepts of mental illness in the Sundarban Delta of West Bengal, India. Anthropology and Medicine. 2001; 8:109-129.

Khandelwal SK, Jhingan HP, Ramesh S, Gupta RK, Srivastava VK. India mental health country profile. International review of psychiatry (Abingdon, England). 2004; 16(1-2):126-141.

Saravanan B, Jacob KS, Johnson S, Prince M, Bhugra D, David AS. Belief models in first episode schizophrenia in South India. Social psychiatry and psychiatric epidemiology. 2007; 42(6):446-451.

Armstrong G, Kermode M, Raja S, Suja S, Chandra P, Jorm AF. A mental health training program for community health workers in India: impact on knowledge and attitudes. Armstrong et al. International Journal of Mental Health Systems. 2011; 5:17

Arun B. A doctor's murder. Med Ethics. 2001; 39.

Ambesh P. Violence against doctors in the Indian subcontinent: A rising bane. Indian Heart Journal. 2016; 68: 747–750.

Gupta VK, Kaur N, Gupta M. Is changing curriculum sufficient to curb violence against doctors? indian heart journal. 2016; 68: 231–241.

Srebnik DS, Russo J, Sage J, et al. Interest in psychiatric advance directives among higher users of crisis services and hospitalization. Psychiatric Services. 2003; 54, 981-86.

Mental Health America. Psychiatric Advance Directives: Pros, Cons, and Next Steps. 2017;

Ghooi RB, Dhru K, Jaywant S. The urgent need for advance directives in India. Indian J Med Ethics. 2016; 1(4): 242-9.

La Fond JQ, Srebnik D. The impact of mental health advance directives on patient perceptions of coercion in civil commitment and treatment decisions. Int J Law Psychiat. 2002; 25 (November–December):537–55.

Backlar P, McFarland BH, Swanson JW, Mahler J. Consumer, provider, and informal caregiver opinions on psychiatric advance directives. Administration & Policy in Mental Health. 2001; 28:427–441.

Joshi KG. Psychiatric advance directives. Journal of Psychiatric Practice. 2003; 9:303–6.

Vuckovich PK. Psychiatric advance directives. Journal of the American Psychiatric Nurses Association. 2003; 9:55–59.

Copeland ME. Psychiatric Advance Directives Issue Summary. 2017

Jackowska E. Stigma and discrimination towards people with schizophrenia--a survey of studies and psychological mechanisms. Psychiatr Pol. 2009; Nov-Dec; 43(6):655-70.

Time to Change. Stigma shout: service user and carer experiences of stigma and discrimination. London: Time to Change; 2008.

Corrigan PW & Watson AC. Understanding the impact of stigma on people with mental illness. World Psychiatry. 2002; 1: 16-20.

Brown VA, Harris JA, Russell JY. Tackling Wicked Problems through the Trans-disciplinary Imagination. London: Earthscan; 2010.

The Hindu. Acute shortage of mental health care staff in India. New Delhi, January 14, 2013.

Kumar A. Mental health services in rural India: challenges and prospects. 2011; 3(12): 757-761.

Figley CR. Compassion fatigue: Psychotherapist’s chronic lack of self care. Journal of Clinical Psychology. 2002; 58, 1433–1441.

Mann S. ‘People-work’: Emotion management, stress and coping. British Journal of Guidance & Counselling. 2004; 32, 205–221.

Mushtaq H & Margoob MA. Pir, Faqir and Psychotherapist: Their Role in Psychosocial Intervention of Trauma. JK-Practitioner. 2006; 13(Suppl 1):S89-S93.

Magliano L, Fiorillo A, De Rosa C, Malangone C, Maj M. National Mental Health Project Working Group. Family burden in long-term diseases: A comparative study in schizophrenia vs. physical disorders. Soc Sci Med. 2005; 61:313-22.

Swaminath G. Indian Psychiatric Society–South Zone: Innovations and Challenges in Providing Psychiatric Services to Disadvantaged Populations: A Pilgrim’s Progress. Indian Journal of Psychological Medicine. 2015; 37(2), 122–130.

Hamza A, Sajitha K, Ragesh G, Thomas PT. Scope of free legal aid clinics at psychiatric hospitals in India. Open J Psychiatry Allied Sci. 2017; Jun 30


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