From: oaks@mindfreedom.org
Subject: Re: Message from the Governor's website
Date: December 10, 2004 12:16:30 PM PST
To: ghaire@state.mt.us
Cc: cfitch@state.mt.us, eamberg@state.mt.us
Dear Gene Haire,
While I appreciate the response, I am very concerned.
I can easily find the law for any state on the Internet.
However, as anyone involved in organizational development can tell you, there's
more to an organization and their customer satisfaction than the letter of the
law.
For instance:
* What values does the organization champion?
Are you working toward values of self-determination, empowerment? Are you
working to provide humane alternatives?
* What do you do about feedback from clients?
If FOUR customers have the SAME complaint about serious disempowerment and
feeling harmed by forced drugs, then does this raise any red flags?
* What voice do people diagnosed with psychiatric disabilities have in your
state?
Are there organized groups of mental health consumers and psychiatric survivors
who are encouraged to speak out, to be on planning committees, to be involved in
advocacy?
* How in touch is your network with emerging concepts?
For example, how is the move toward recovery going?
Now, if you want to talk about the letter of the law, we could talk about
Olmstead, such as how your implementation is going.
And we could also talk about how new medical evidence shows that neuroleptics
can cause structural brain damage, but no court has been adequately informed of
this new medical evidence YET... but once courts are so informed, there will be
major changes in the law on forced neuroleptics.
But you know what?
When it comes to the court of PUBLIC OPINION, the letter of the law just isn't
as important as what is going on with your organization in terms of
responsibility, responsiveness to customer and citizen complaints, etc.
Perhaps you've noticed that there is a backlash going on with citizens about
abuses by the psychiatric drug industry, such as cover-up of evidence on SSRI's
with FDA, etc. etc.
Some day -- I do not know when but hopefully not long --citizens will want to
know what their millions of dollars are buying in Montana, one of the most
expensive outlays in any state is the mental health system and mental health
drugs.
Some day -- I do not know when but hopefully not long --citizens will want to
know what each of you is doing to help implement evidence-based practices such
as peer support, advocacy, psychosocial alternatives (such as housing,
employment training, etc.).
Some day -- I do not know when but hopefully not long --the citizens who pay the
bills will want to get hands on about the mental health system.
Perhaps my e-mail today will not lead to significant change.
But at least you can never say, "No one ever complained, no one ever brought up
these issues."
We have. We've shown that you have four very dissatisfied customers at Montana
State Hospital with the same story, a story that checks out as part of a pattern
of disempowerment and over-drugging and coercion that has become inherent to the
mental health system today.
And one day the taxpayers will want to know what you did about it.
Feel free to network this letter with anyone else who feels there is a need for
deep and major change in our mental health system today.
Sincerely,
David
David Oaks, Director, MindFreedom International http://www.MindFreedom.org ph:
(541) 345-9106
On Dec 10, 2004, at 9:54 AM, Haire, Gene wrote:
Mr. Oaks:
Your e-mail message sent to the Governor's office via the Montana State web page
has been forwarded to me. The Mental Disabilities Board of Visitors operates a
legal services office at Montana State Hospital. Among other things, our
Attorney and our Paralegal/Advocate represent patients (an
administrative/clinical, not a judicial process) in "involuntary medication"
procedures at the hospital. Requirements for the administration of medications
to patients against their wishes are defined in Montana statute http://data.opi.state.mt.us/bills/mca/53/21/53-21-127.htm
and in Montana State Hospital policy http://www.dphhs.state.mt.us/about_us/divisions/
addictive_mental_disorde rs/montana_state_hospital/vol_ii/18_psychiatric_svcs/
involuntary_medicat ions.pdf.
Because of confidentiality requirements, I will not address any specific patient
concerns with MindFreedom. The Mental Disabilities Board of Visitors believes
that the following statements accurately describe how "involuntary medications"
are handled at the commitment hearing level and at Montana State Hospital:
1) The authorization of the "chief medical officer of a facility or a physician
designated by the court to administer appropriate medication involuntarily"
[from Montana Code Annotated, 53-21-127(6). 2003.] is a judicial decision made
in the context of an involuntary commitment hearing. During these hearings,
respondents obviously have representation of counsel as well as other due
process protections.
2) The Montana State Hospital policy and procedure for considering treating
physicians' requests to administer medications against the wishes of patients
are good, err on the side of pursuing other (voluntary) alternatives, and
include 14 and 90 day reviews.
3) Montana State Hospital only pursues involuntary medication if the treating
physician believes that an individual will continue to meet the criteria for
involuntary commitment http://data.opi.state.mt.us/bills/mca/53/21/53-21-126.htm
unless he/she takes medication, and if all other alternate measures have been
attempted and failed.
4) The Mental Disabilities Board of Visitors is involved throughout this process
as an advocate for patients.
Gene Haire Executive Director Mental Disabilities Board of Visitors Governor's
Office (406) 444-3955
_______________________________________________________________________ _
______________________________________________________________________
-----Original Message-----From: oaks@mindfreedom.org [mailto:oaks@mindfreedom.org]
Sent: Wednesday, December 08, 2004 5:10 PM To: governor@state.mt.us Subject:
Message from the Governor's website
FormMail submitted from www.discoveringmontana.com
Name: David Oaks
Email: oaks@mindfreedom.org
subject: Message from the Governor's website
Prefix: Mr.
SubjectOther:
Address1: 454 Willamette
Address2: Suite 216
City: Eugene
State: OR
Zip: 97401
Tel: 541-345-9106
Fax: 541-913-4312
Group: MindFreedom International
GroupRelationship: director (non-profit organization)
Comments: Dear Governor,
For the FOURTH time in recent weeks I have received clear communications from
one of your clients -- four clients -- with similar story and complaints about
Montana State Hospital.
They all complain of coerced and forced drugging for long periods of time, and
experiencing disempowerment without good cause.
Three of those who have contacted us have also joined as MindFreedom members.
Here is a letter we just received from CHARLES MCCORMICK:
~~~~~~~~~~~~~~~~~~~~
27 November 2004
To whom it may concern,
My name is Charles McCormick and I am writing on my own behalf about being
locked in a psychiatric unit at Montana State Hospital.
It initiated as an aggravated assault I did ten years ago.
Since then I have been here and on a conditional release program. Warm Springs
doesn't offer much in the way of healthy measures.
Instead they press medications.
I have been on them (meds) for about 17 years and am now taking more than ever.
I am writing you in hope you could intervene and ease the burden.
Sincerely,
Charles McCormick c/o Montana State Hospital Warm Springs, MT 59756