Medication Overuse in Mental Health Facilities: Not the Answer, Regardless of Consent, Says Ethicist

This transcript has been edited for clarity. 

Hi. I'm Art Caplan. I'm the director of medical ethics at the NYU Grossman School of Medicine. 

There's a growing scandal in mental health care. Recent studies are showing that certain medications that basically are used to, if you will, quiet patients — antipsychotic drugs — are being overused, particularly in facilities that serve poorer people and people who are minorities. This situation is utterly, ethically unacceptable and it's something that we are starting to get really pressed to solve. 

Part of this is due to the fact that numbers of caregivers are in short supply. We need to get more people trained. We need to get more mental health providers at all levels into facilities in order to provide care, and not substitute that inability to have a provider present and minimize risk to patients by having drug-induced sleepiness, soporific behavior, or, if you will, snowing them just because we don't have enough people to keep an eye on them. Furthermore, we can't let them engage in some activities, even things like walking around, because we're worried about falls. The nursing homes or mental health facilities don't want anybody to get injured, much less killed, because that's going to really bring government agencies down on them. 

What do we do, aside from trying to get more numbers in there? California came up with a law not too long ago that basically put the burden of using these drugs on consent. They passed a law that said the patient, before going under and being administered any type of psychoactive drug, has to consent; or if they're really unable to do that, their relative or next of kin should have to consent.

California law now puts the burden on getting consent from the patient in order to use these drugs. It's not a good solution. It still permits the use of the drugs to substitute for the inability to provide adequate numbers of people to provide care in safe environments. It's almost like saying, "We know you're going into a dangerous place. We can't really reduce the danger, so we're going to make sure that you stay in your seat. You better consent to that because otherwise things could not go well for you in this mental institution." 

That's not a sound argument for the use of informed consent. Moreover, I'm very skeptical that many of these people in mental institutions do have the capacity to either say, "Fine, give me psychoactive drugs if I have to stay here," or "No, I don't want that. I'll take my chances."

They're vulnerable people. Many of them may not be fully incompetent, but they often have compromised competency. Relatives may be thinking, Well, the right thing to do is just to make sure they don't get hurt or injure themselves. Yes, give them the drugs. 

Consent, while I support it, is not the solution to what is fundamentally an infrastructure problem, a personnel problem, and one of the shames of American healthcare, which is lousy long-term mental health care. For too many people, their care is in the street. For too many people, their care is taking place in institutions that have dangerous designs where people either get injured, can't provide enough spacing, or just don't have the people to do it. 

Let's move to fix the mental health care system and not be in a situation where we say to people, "The system stinks and you're at risk. Is it okay with you if we drug you because we can't think of any other way to keep you safe, given the rotten nature of the institutions that we've got?" 

I'm Art Caplan, at the Division of Medical Ethics at the NYU Grossman School of Medicine. Thank you for watching.