Many U.S. states have laws allowing for “civil commitment" (involuntary commitment) and treatment of individuals with substance use disorders (SUDs). These laws, like those psychiatrists use to treat patients with severe mental illness, are intended to help someone posing a threat to themselves or others.
The University of Florida has offered a professional health provider program for substance abusers over 30 years. The university's research on impaired health professionals, their addictions, and outcomes have been reported; an astonishing 80% were still substance-free five years after treatment. According to U.F. Chief of Addiction Medicine Professor Scott Teitelbaum, MD, outcomes were "identical regardless of whether the professional came to treatment after hitting bottom, after an intervention, walked in asking for help, [was] coerced, or through involuntary treatment.”
While not frequently utilized, the Marchman Act, enacted in Florida in 1993, covers the involuntary civil commitment used today for SUDs. Named after Rev. Hal S. Marchman, a Methodist minister known for advocating addiction recovery, the Act allows family members, medical professionals, or law enforcement officers to petition the court for an order of involuntary treatment when someone is unwilling or unable to seek help independently.
The legislation is modeled after Florida’s Baker Act, allowing involuntary commitment of individuals with severe mental illnesses posing a risk to themselves or others. While the Baker Act pertains to mental health crises, the Marchman Act specifically addresses addiction/substance-related crises, recognizing addiction as a significant public health and safety issue.
The Marchman Act allows several phases, such as an initial assessment and stabilization. Typically lasting up to five days, this phase involves a medical and psychiatric assessment to determine the level of care the person needs. During this period, the individual is evaluated for substance use and co-occurring conditions. If the assessment shows the need for ongoing care, a court can order involuntary........