TOKEN AND TABOO - BEHAVIOR MODIFICATION, TOKEN ECONOMIES, AND THE LAW

• NCJ Number: 11073
• Journal: California Law Review Volume: 61 Issue: 1 Dated: (JANUARY 1973) Pages: 81-109
• Author(s): D B WEXLER
• Date Published: 1973
• Length: 29 pages
• Corporate Author: University of California
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

LEGAL ISSUES PRESENTED BY METHODS USED FOR POSITIVE BEHAVIOR CONTROL IN THE TREATMENT OF THE MENTALLY ILL.

Abstract

LEGAL RESTRICTIONS ON A HOSPITAL'S RIGHT TO SUBJECT UNWILLING PATIENTS TO ELECTROCONVULSIVE THERAPY AND PSYCHOSURGERY ARE DEVELOPING RAPIDLY. TOKEN ECONOMIES HAVE BEEN CRITICIZED ON THE GROUNDS THAT IT IS ILLEGAL TO REQUIRE PATIENT LABOR THAT IS DEVOID OF THERAPEUTIC PURPOSE AND WHICH IS REQUIRED SOLELY AS A LABORSAVING TECHNIQUE. THE AUTHOR CITES THE WYATT V. STICKNEY CASE AS A LANDMARK DECISION IN WHICH THE ALABAMA COURT BARRED ALL INVOLUNTARY PATIENT LABOR INVOLVING HOSPITAL OPERATION AND MAINTENANCE-WHETHER THERAPEUTIC OR NOT-BUT PERMITTING VOLUNTARY INSTITUTIONAL LABOR THAT IS COMPENSATED PURSUANT TO THE FEDERAL MINIMUM WAGE LAW. THE AUTHOR CITES A STUDY WHICH INDICATES THAT TOKEN ECONOMIES FOR CHRONIC PSYCHOTICS RESORT TO MORE DRASTIC DEPRIVATION THAN OTHER THERAPIES WITHOUT PRODUCING BETTER RESULTS. THE CONCLUSION IS THAT IF THE LAW'S GENERAL DIRECTION IN THE PATIENT RIGHTS AREA PROCEEDS UNINTERRUPTED, TOKEN ECONOMIES MAY BECOME LEGALLY UNAVAILABLE.