Science and Drug Policy 2005 Speaker Series
Coercive Use of Vaccines Against Drug Addiction: Is It Permissible And Is It Good Public Policy?
M. Susan Ridgely
RAND Corporation
April 1, 2005
Presentation Abstract:
Immunotherapies against drug addiction may represent the hope of the future for many addicted individuals who are eager to access state-of-the-art treatment. They may also seem attractive to a society seeking to lower the social and economic costs of addiction among populations such as recidivist drug offenders and pregnant women. This presentation will address the following question: Will current law support the coercive use of vaccines against drug addiction? Authority to coerce treatment is derived from the state’s parens patriae and police powers, but is constrained by the countervailing right to self-determination in medical treatment. That right typically assumes the competence of the individuals making the self-determination. Even given competence, however, the interests of the state may prevail over those of the individual within certain classes of individuals.
Ms. Ridgely will review pertinent statutes and case law bearing on the state’s ability to justify the use of coercion. For some classes of individuals, and in some situations, coerced immunotherapy is likely to be legal, subject to establishment of the modality’s safety and effectiveness and the constraints of due process. Assuming a situation in which immunotherapy may be legally coerced, the presentation will conclude with some reflections for clinicians on fairness in implementing such a policy.
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