In involuntary care the law, not the psychiatrist, is the agent holding the patient, and the psychiatrist acts for the executive branch within rules set by the state. Commitment needs a mental illness that has made harm likely, so ask whether this is a change from baseline and whether psychiatry can treat it, and with the patient be honest that talking is the way out.
What it is
In psychiatry, as in pediatrics, the patient is not always the agent of treatment. The agent can be the state, for safety or to treat someone who lacks insight, a parent on behalf of a child, a family member, or the law.
“in psychiatry, in voluntary psychiatry and also in pediatrics, the patient is not always the agent of the treatment. Sometimes the agent of the treatment is a family member, society at large, the law, anything”
52:28Handling Difficult Situations in Psychiatry: ADHD Evaluations, Benzo Requests, Disability Claims, and Involuntary AdmissionsOct 2025 Also said in 1 more episode
“there are multiple agents that drive a treatment. And the agent can be the state for purposes of safety or for the purposes of giving treatment to somebody who lacks insight. The agent can be a parent on behalf of a child, which you see in child psychiatry”
5:14Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025 In most developed countries, psychiatry is part of the executive branch of the state, like prosecutors and police: in a small or sometimes bigger way, part of social control and protection.
“in almost every country and probably in most developed countries, Psychiatry is a branch of the executive state. Sorry, it's part of the executive branch of the state. Similarly to prosecutors, police officers, et cetera, in a small way or sometimes in a bigger way, we are part of social control and protection of the people”
12:01Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025 Think of the three branches: the legislature writes the law, the judiciary interprets it, and the psychiatrist, as part of the executive branch, argues that someone is dangerous.
“think of the three branches. The legislature writes the law, the judicial branch interprets it, and the executive branch executes it. You, the psychiatrist, were part of the executive branch. OK, you were arguing on behalf of the executive branch that someone was dangerous”
15:34Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025
Who meets criteria
In most places you need a mental illness, not a personality disorder that is the person's normal functioning, and you need to connect its symptoms and impairments to a likelihood of harm without commitment.
“in most places you need to identify a mental illness. OK, not a personality disorder that is different than the person's normal functioning. And you need to connect that that mental illness, its symptoms and impairments have somehow resulted in some kind of likelihood that without the commitment”
17:24Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025 Excluding personality disorders is a legal reality, not a clinical one, and in some places a legal fiction.
“traditionally traditionally mental illnesses did not include things like personality disorders because the personality disorders were thought to be fundamental to the person and not independent mental illness per se okay this is not a clinical reality it's a legal reality right you could call the legal fiction even in some places”
18:25Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025 Instead of debating what counts as mental illness, ask two things: is this a change from the person's baseline, and if so why? And is it treatable by psychiatry as it exists today?
“I think you should ask two things. You should ask, is this a change from the person's baseline? And if so, why? And based on that, is it treatable through psychiatry, the practice of psychiatry as we have it today”
20:48Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025 Violence while intoxicated and for a week or two after, as in a substance-induced psychotic disorder, is treatable: monitor, keep them in a safe place, give temporary antipsychotics.
“If somebody is violent and dangerous while they're intoxicated and for about maybe, let's say, a week or two after, let's pretend they have a substance induced psychotic disorder. Then that's treatable, right? You monitor, you keep them in a safe location, you give temporary antipsychotics”
21:45Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025 Do not stop at the obvious cause. Just because the patient, the parents and you have all said it is meth does not mean you should assume that is all it is.
“just because everyone has told you that it's meth, the patient has told you, you have told yourself that it's meth, and the parents have told you that it's meth, doesn't mean that you should automatically assume that's that”
26:16Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025 In the emergency room, the standard for involuntary hospitalization is acute danger to self or others.
“in the emergency room, the definition of getting inpatient hospitalization involuntarily is acute danger to themselves or others”
56:43Psychosis: History, Delusions, Diagnosis, Theories, and Modern CareNov 2024
Talking to patients
Tell the truth: your responsibility is a thorough assessment of what happened and whether it is safe to leave, and there is no way to do that unless you can talk to each other.
“my responsibility here is to really do a thorough assessment of you and what happened. and to figure out whether it's safe for you to leave and there's really no way for me to do that unless we can talk to each other”
45:58Handling Difficult Situations in Psychiatry: ADHD Evaluations, Benzo Requests, Disability Claims, and Involuntary AdmissionsOct 2025 When a patient says you are keeping them in the hospital, it helps to understand that the law is: a system of rules society has agreed on for good reasons.
“it helps to understand that the law is keeping them hospitalized, the law in society. Right. There is just a system of rules that we've vaguely agreed upon as a system to execute for good reasons”
8:16Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025 With a sufficiently oppositional patient, you can only go on the interview, and that generally prolongs the detention.
“With a sufficiently involuntary oppositional patient, you can only make your observations based on that interview. It generally does prolong the time that they have to be involuntarily detained”
50:04Handling Difficult Situations in Psychiatry: ADHD Evaluations, Benzo Requests, Disability Claims, and Involuntary AdmissionsOct 2025 Do not argue risk. Some patients genuinely believe, and it is true at the time of the interview, that they are not dangerous, and then kill themselves or hurt someone within 24 hours of release.
“There are patients who will genuinely believe that And it will be true at the time of the interview that they are not dangerous in some fashion. And then they will go kill themselves or hurt somebody else within 24 hours of release”
49:27Handling Difficult Situations in Psychiatry: ADHD Evaluations, Benzo Requests, Disability Claims, and Involuntary AdmissionsOct 2025
The system and you
Most states punish the doctor for being lax rather than strict. You will not go wrong detaining and letting a judge or judicial officer release the patient.
“the majority of states will punish the doctor Okay, punish the doctor for being more lax rather than being more strict in terms of you will not go wrong for involuntary detainment and allowing a judge or judicial officer to release the patient”
55:29Suicide Risk Assessment: Acute vs Chronic Risk, Formulation, and Suicidal Ideation TypesJun 2026 Be both harder and easier on yourself. Easier, because you are not necessarily there to please the person in front of you.
“I think you should be both harder and easier on yourself. I think you should be easier on yourself in the sense that you are not there to please the person in front of you necessarily”
36:21Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025
It also comes up on
From these episodes
- Suicide Risk Assessment: Acute vs Chronic Risk, Formulation, and Suicidal Ideation TypesJun 2026 · 1 point
- Handling Difficult Situations in Psychiatry: ADHD Evaluations, Benzo Requests, Disability Claims, and Involuntary AdmissionsOct 2025 · 4 points
- Involuntary Treatment & Agency, Thoughts and Feelings | Episode 19Mar 2025 · 10 points
- Psychosis: History, Delusions, Diagnosis, Theories, and Modern CareNov 2024 · 1 point
Every point above is something said on the Psychofarm podcast, with the words as spoken and a link to the moment in the episode. It is education, not medical advice, and an episode reflects what we thought when we recorded it.