law project for for psychiatric rights

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Law Project for Psychiatric Rights

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Page 1: Law project for For Psychiatric rights

Law Project for Psychiatric Rights

Page 2: Law project for For Psychiatric rights

What is the Law Project of Psychiatric Rights?

• The Law Project of Psychiatric Rights (Psych Rights) is a non-profit public interest law firm exempted from federal income tax, under section 501 (c) (3) of the Internal Revenue Code of the United States on the 6th November 2002. The code recognizes the firm as a public charity, rather than a private institution.

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MandateLaw Project for Psychiatric Rights

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Mandate…• The Law Project of Psychiatric

Rights mandate is to oversee the implementation of a strategic legal campaign, denouncing forceful administration of psychiatric drugs and electroshock in the United States.

• The campaign highlights the importance of public education concerning the truth, and providing alternative options to the drugs.

• The alternatives they suggest should be non-coercive and non drug based, with a reputation of having led to recovery of many individuals.

• This would present the courts of law with less restrictive alternatives available which would present these psychological patients an opportunity to choose their mode of treatment.

• In the event that sufficient legal pressure is mounted, Psych Rights believes that the courts will not be in a position to enforce forced drugging.

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Role of Psych Rights Organization

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Role…• The role of the Psych Rights organization is to ensure that

there is fairness when handling issues relating to administration of legal matters in the psychological health system.

• This is in light with the practices by the public mental health systems, that are aggravating the situation by their forceful administration of drugs, widely known to be ineffective, harmful and with potential risks of addiction.

• Such decisions to force countless number of people to take such drugs by the courts comes as a result of their being misled by inadequate and untruthful evidence.

• Psych rights thus undertakes the necessary research on such, and publishes them on their website.

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Website Reviewwww.psychrights.org

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Review of Psych Rights Website, Resources and Writing

• ‘Home’ and ‘About Us’ page explicitly underscored who they are, what they do and where there are based.

• Among the resources available on their website include articles on psychiatry, scientific research, topics, video and audio information, and an archive of documented files.

• Current social media functionality is also embedded with the availability of a Facebook and Twitter handle.

• A special sections dubbed ‘Everyday Horrors of the Mental Health System’, gives former patients a chance to share their stories.

• Most of the resources available on Psych Rights website are endeared towards the enlightenment on issues pertaining to psychological challenges.

• All the writing and resources are accessible to all members of the public.

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Discussion with Jim GottsteinPresident, The Law Project for Psychiatric Rights

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Jim Gottstein

Mr. Gottstein was contacted by telephone on February 21, 2014, and kindly provided his time to explain some significant issues pertaining to his organization, Psych Rights. Note that the following section relates to this interview but are not all his direct quotes.

Mr. Jim Gottstein [Digital image]. (n.d.). Retrieved from www.psychrights.org

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The collaboration of other Alaskan grass roots based programs have been “wildly successful” however have continuing funding issues. The funding that has been received is adequate enough to sustain progression. Alaska has a special fund called “Mental Health Trust Authority” fund that was acquired through land in Alaska, once seized by the State, but repaid in money and land. Approximately $350 million in funds that is used towards mental health initiatives. It’s not the dollar amount that is key, it’s the way the money and trust is used:1) Truly unique and beneficial because it spends the money without legislative control2) Improves the lives of the beneficiaries instead of concerning itself with bureaucratic “spending”, which usually finds a way to save money on these initiatives.CHOICES and Soteria house Alaska were co-founded by Mr. Gottstein. Mr. Gottstein highly touts the work and success of the Soteria house. He receives many calls from around the world inquiring about Soteria house. Other States have tried to mimic the Psych Rights model in Alaska in other states, Vermont is one state Mr. Gottstein recalls as being a state that is trying to move forward with a program similar to one like Soteria house, but does not believe they have gotten very far. There is currently a petition against the opening of a Soteria type home in Vermont but he’s unsure what the status is now.Nb: The Peer Housing initiative, also co-founded by Mr. Gottstein, was terminated due to a lack of funding and organization of volunteers. It was mostly run by volunteers

In Alaska, Psych Rights seems to collaborate with various grassroots based organizations (like CHOICES, Soteria-Alaska) that provide alternatives for people diagnosed with mental illness. How has this collaboration made Psych Rights' progress more effective for consumers and their families? How has this progressive perspective and collaboration garnered respect in other states and has any state shaped similar models (to Alaska's)?

Discussion with Jim Gottstein

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Discussion with Jim GottsteinWhat do you know about the rest of the States in terms of progress with respect to alternative care? Where (which state) do you see the most forced drugging for mental illnesses and the most challenges against alternative solutions?Despite the amount of progress Psych Rights has made within Alaska, Mr. Gottstein stated that he felt that all states were still doing “terrible” when it came to rights of mental illnesses and to the drugging of individuals, especially children. As mentioned earlier, Vermont is in the process of trying to open a Soteria like program in Vermont but has been delayed due to objections.

Psych Rights is mostly concerned with judge ordered forced medication. Does the order have to have already taken place?Psych Rights concerns itself with strategic legislation and changing public attitudes. Yes, they will deal with cases whereby an order has been made against an individual to take medication against their will – unconstitutional. There have been 4 major cases Mr. Gottstein and his team have won in Alaska and one recently lost. He is looking to have this case go before the US Supreme Court.

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Simply put, the list of drugs describes what the drugs are intended for. If the drug is listed in the red column or not listed at all, then it’s not part of the Medicaid program and should not be used. However, sometimes drugs listed in the white column are prescribed for uses that it was not intended for. For example, Seroquel, a drug created to relieve symptoms of manic phase of bipolar or schizophrenia has been prescribed for insomnia. Therefore, in this Seroquel example, it will not be covered by Medicaid. But doctors use fraudulent behaviours in prescribing various drugs for various reasons, not necessarily what they are intended for.

I like the chart of medications listed in your power point presentation (re: drugging of children). Can you please explain what you mean by medically accepted indication (white areas), pediatric indication, not supported by Drugdex (orange), and not FDA or Drugdex supported (red)?

Discussion with Jim Gottstein

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Discussion with Jim GottsteinThere is considerable information on drugging of children. What are your thoughts about this?Mr. Gottstein feels, with much conviction, that children should not be given drugs that damage their brain. There is no justifiable reason to give a child brain damaging drugs to children with psychotic episodes. Mr. Gottstein talks about a psychiatrist in California, Dr. Tony Stanton (see article about The Seneca Project, article), who worked with “the most troubled kids” and who were previously given medication to control their behaviours. The in-patient residential program works towards a drug-free rehabilitation and was very successful.Mr. Gottstein concluded with again stating that children should not be given medications but adults can choose. All persons (namely, adults) requiring intervention should be properly informed of ALL their options, not just medical options, so their decision is educated.

What are your plans or hopes for the future of Psych rights?Gottstein: (Chuckling)…”that the necessity of it will go away”. Mr. Gottstein seriously acknowledged that there would not be a time when Psych Rights services would NOT be needed; however, he hopes that it can raise more money for more resources and more lawyers. In the immediate future, Mr. Gottstein hopes to make it US Supreme Court to fight [for due process rights].

Interview with Jim Gottstein [Telephone interview]. (2014, February 21).

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Contributions to the Mad Movement

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Contributions …• Gives survivors a voice.• Brings public awareness to the atrocities happening in hospital settings.• Advocates not only to resolve conflicts for survivors in the past but also

aims to set precedence for an acceptable level of practice in the future.• Legally represents the arguments surrounding forced pharmaceuticals

such as:• The detrimental effects• The drugging of children• The creation of an abundance of adverse side effects• The unwanted and unethical intervention of the court system

• Psych Rights is giving individuals who otherwise would be voiceless, the chance to advocate for their rights.

• The actions taken by Psych Rights are empowering those who have been beaten by the system to fight back.• This is creating global awareness of the mad movement

• Clearly outlines that one cannot be treated as subhuman because of their mental illness but rather they are human beings with free will.

• Ultimately promotes the choice every individual has to be the most important part of the treatment decision and process.

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Historical Importance of Psych Rights in the Mad Movement

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Historical Importance …• The Mad Movement is a movement of mental health

consumers, former users, and their allies who seek to raise awareness and support for those affected by the mental health system.

• Its use of media campaigns and global media outlets have been to take back terms which had been associated with.

• This movement greatly opposes electroshock therapy, which they term as 'torture' based on psychiatric pseudo science.

• Mad Movement has been used to raise awareness and re-educate individuals about the truths of the mental health system and the experience of those living with mental illnesses.

• Jim Gottstein, President and activist for Psych Rights added to Mad Movement's voice, by proclaiming defense to individuals being subjected to the horrific ‘treatments’.

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Historical Importance …• Gottstein also assures the movement of Psych Rights

commitment to exposing this vice.• Psych rights also committed themselves to ensuring that

attorneys assigned to represent state hospital mental health consumers dispense their roles sufficiently in order to ensure adequate and legal representation.

• Psych Rights has actively promoted events organized by the Mad Movement and helps in its goal of awareness.

• Psych Rights and the Mad Movement have the same views on many things like electric shock treatment, however Psych Rights has worked at stopping involuntary treatments on individuals through legal intervention.

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Future PlansThe Law Project for Psychiatric Rights

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Future …• Psych Rights plans to expand their strategic campaigns

so as to cover more afflicted mental health consumers.• They also seek to introduce numerous alternatives to the

current mode of medication.• Future goal (as well as current) has focus on the effects

of drugging of children and elderly. • There are also efforts to increase public education

coverage on the issues facing the mentally ill.• This will increasingly empower the rights of the

psychologically challenged, as well as improve their standing in the society.

• De-stigmatization of mental diseases is their core goal at the current moment.

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Www.psychrights.org

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Group A Presentation by:

Heidi WaltersTracey Luberto

Bridget IrvinJake Krembil

Maryan Musse

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ReferencesChamberlin, Judi (1978). On Our Own: Patient-Controlled Alternatives to the Mental Health System. New York: Hawthorne

Gottstein, J. (2014, February 15). Law Alternative And Change [Web log post]. Retrieved from https://www.madinamerica.com/author/jgottstein/

Gottstein, J. (2013, September 21). Role of Litigation in a Strategic Approach to Mental Health System Change. Speech presented at Annual Rights Conference of the National Association of Rights Protection and Advocacy (NARPA), Hartford,CT. Retrieved from http://www.youtube.com

Gottstein, J. (2012, February 22). The Psychiatric Drugging of Children & Elderly. Lecture Presented at Alaska Pacific University, Anchorage, AK. Retrieved from http:www.youtube.com

Law Project for Psychiatric Rights. (2014, February 8). Retrieved from http://www.psychrights.org

Reaume, Geoffrey (2008). A History of Psychiatric Survivor Pride Day during the 1990s. Resource Centre Bulletin.