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Adopted by the 47th General Assembly Bali,
Indonesia, September 1995 and
Revised by the WMA General Assembly, Pilanesberg, South Africa,
October 2006
Preamble
- Historically, many societies have regarded patients with
mental illness as a threat to those around them rather than
as people in need of support and care. Therefore, in the absence
of effective treatment, many patients with mental illness were
confined to asylums for all or part of their lives. The aim
of such confinement in these cases was to prevent behaviour
that was self-destructive or aggressive toward others.
- At the present time, progress in psychiatric therapy allows
for better care of patients with mental illness. Efficacious
drugs and other treatments can result in patient outcomes ranging
from complete alleviation of symptoms to long remissions for
patients whose conditions are more serious.
- Patients with mental illness should be viewed, treated and
granted the same access to care as any other medical patient.
However, this is often not enough since patients with mental
illnesses may not know when to seek treatment for somatic problems.
Therefore, the physician should actively refer these patients
to other physicians when necessary.
- A physician has the same obligations toward patients with
mental illness as toward any other patient.
- The physician's primary role as healer of patients must not
be undermined by serving as the agent of the greater society,
except in instances of danger to the public.
- Recognition must be given to the fact that a large proportion
of patients with mental illness are treated by physicians who
are not psychiatrists. The same ethical obligations and limitations
would apply to these physicians.
Ethical Principles
- The discrimination associated with psychiatry and the mentally
ill should be eliminated. This stigma often discourages people
in need from seeking psychiatric help, thereby aggravating their
situation and placing them at risk of emotional or physical
harm.
- The physician aspires for a therapeutic relationship founded
on mutual trust. He/she should inform the patient of the nature
of the patient's condition, standard therapeutic procedures
(including possible alternatives and the risk of each), and
the expected outcomes for the available therapeutic choices.
- In the absence of legally adjudicated incompetence, psychiatric
patients must be dealt with as though they are legally competent.
The patient's judgment should be respected in areas where he/she
is legally capable of making decisions, unless they present
a risk of serious harm to themselves or others. A patient with
mental illness who is incapable of legally exercising his/her
autonomy should be treated like any other patient who is temporarily
or permanently legally incompetent. If the patient lacks the
capacity to make a decision as to his/her medical care, surrogate
consent should be sought from an authorized representative in
accordance with applicable law.
- Involuntary hospitalization of psychiatric patients evokes
ethical controversy. While laws regarding involuntary hospitalization
and treatment vary worldwide, it is generally acknowledged that
this treatment decision requires the following: (a) a severe
mental disorder that prevents the individual from making his/her
own treatment decisions; and/or (b) the likelihood that the
patient may harm him/her self or others. Physicians should consider
compulsory hospitalization to be exceptional and should utilize
it only when it is medically necessary and for the shortest
duration feasible under the circumstances.
- Every physician should offer the patient the best available
therapy to his/her knowledge, and should treat the patient with
the solicitude and respect due all human beings. The physician
practising in a psychiatric institution, the military or a prison
can be faced with a conflict between his/her responsibilities
to society and the responsibilities to the patient. The physician's
primary loyalty and duty must be to the patient's best interest.
The physician should ensure that the patient is made aware of
the conflict in order to minimize feelings of betrayal, and
should offer the patient the opportunity to understand measures
mandated by legal authority.
- The confidentiality and privacy of all patients should be
safeguarded. When required by law, the physician should disclose
only the required relevant material and should disclose such
material only to the entity having legal authority to make such
a request or demand. Data banks that allow access to or transfer
of information from one authority to another may be used provided
that medical confidentiality is respected and such access or
transfer is fully compliant with applicable law.
- A physician must never use his/her professional position
to violate the dignity or human rights of any individual or
group and should never allow his/her personal desires, needs,
feelings, prejudices or beliefs to interfere with the treatment.
Neither should a physician take advantage of his/her professional
position or the vulnerability of a patient to abuse his/her
authority.
Recommendation
- National Medical Associations should publicize this Statement
and use it as a basis for affirming the ethical foundations
for treatment of patients with mental illness.
14.10.2006
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