Evening star., 1950-09-05
Ewing Offers States
Model Law for Care
Of Mental Patients
by the Asseeiefed Press

by the Associated Press
A new model law to cover the
hospital treatment Of persons who
are mentally i'll was referred today
to the States for possible adoption.
The Federal Security Admins
tration announced last night that
it had drawn up such a law in CO.
operation with the Public Health
Service and non Government legal
and psychiatric authorities.
FSA Administrator Oscar Ewing
said the law, copies of which were
sent to State Governors, would
clear away red tape for voluntary
admissions to mental hospitals
and safeguard against involuntary
commitments.
For Rights and HEALTH"
The idea was not to achieve
uniformity in State mental hos
pltalization laws. Mr.. Ewing said.
but rather to emphasize legal and
medical principles.
With 100000 in mental hospitals
and 100000 newly admitted an
nually. FSA said the proposed law
is intended to guard their rights
and health"
1t would strictly limit the use of
strait jackets and other mechani-
cal restraints.
Mr.. Ewing said the model law
primarily would provide maxi
mum opportunity for prompt med
ical care and protection against
emotionally harmful or degrading
treatment. wrongful confinement
and deprivation of rights"
Points to State Practices.
Mr.. Ewing said that:
In IS States, mentally i'll people
may be kept in jail during the
commitment process and while
awaiting admission to the hospital.
In 40 States. law enforcement
officers rather than health officials
may be used to take the Ill persons
to the hospital.
Half of the States still refer to
mentally i'll persons as insane, :"
some as "lunatics."
One State still makes jury trial
mandatory for commitment. Eight
States still have no provision for
voluntary admission to State men,
tai hospitals. Seven States still
have no provision for temporary
admission to a State hospital, for
observation or for emergency COM
mitment, without court order.
Major Principles Listed.
The major principles of the
proposed model law:
l. When a person needs mental
hospital care and is still able to
know that he needs it, special care
must be easily and promptly avail
able. The law would give patients
access to an approved mental hos
fpital in the same manner as to q
general hospital.
2. Major emphasis, in any ad-
mission procedure. on the conclu-
sions of qualified physicians who
have examined the patient.
8. Hearings and medical exam
nations to be conducted with ut
most regard for the emotional well
fare of the person involved. De-
Itention in jail to be permitted only
in an extreme emergency when
confinement is necessary and there
Ire no alternative facilities. Health
authorities to arrange for medi-
cally trained attendants to take
the patient to the hospital when
escort is necessary. Such terms az
insanity, lunacy, inmate and COM
plitment to be replaced by mental
illness" patient" and "hospitali-
zation."
Emergency disqualification.
4. Temporary involuntary hos
pitalization without the necessity
Of court proceedings-essential In
emergencies where persons who
need mental care refuse to or are
unable to seek it.
5. Opportunity for prompt re-
course to judicial proceedings, In
connection with all involuntary
proceedings. Ultimate RESPONSE
bility for indeterminate hospitali-
zation to rest with a judicial body
;. 6. Continuing review of the
mental condition of hospitalizeo
patients. Conditional release ano
discharge as warranted by thei,
condition.
7. Protection, for patients while
in a hospital, of personal right.
Ito the extent consistent with re-
quired detention and treatment.
No straightjackets, straps or other
mechanical restraints to be useG
except when medically required
and on specific written order oi
the hospital head.
There now Is one doctor TO 90;
people In New Zealand.