Treating addiction with deep brain stimulation: Ethical and legal considerations

•An increasing amount of scientific evidence has emerged showing deep brain stimulation (DBS) is a promising treatment for medically-refractory substance use disorder.•This article reviews the current ethical and legal challenges in using DBS in this context.•The ethical dilemmas are elucidated with...

Full description

Saved in:
Bibliographic Details
Published in:The International journal of drug policy Vol. 113; p. 103964
Main Authors: Lo, Clara, Mane, Mansee, Kim, Jee Hyun, Berk, Michael, Sharp, Richard R., Lee, Kendall H., Yuen, Jason
Format: Journal Article
Language:English
Published: Netherlands Elsevier B.V 01-03-2023
Subjects:
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:•An increasing amount of scientific evidence has emerged showing deep brain stimulation (DBS) is a promising treatment for medically-refractory substance use disorder.•This article reviews the current ethical and legal challenges in using DBS in this context.•The ethical dilemmas are elucidated with reference to the four prima facie principles of medical ethics.•The influences of culture on the local legislation are highlighted.•The ideas presented will serve as a reference for relevant stakeholders (such as patients, clinicians and policy makers). The use of neuromodulation in the treatment of psychiatric conditions is controversial despite its lengthy history. This particularly applies to the use of invasive neuromodulation, such as deep brain stimulation (DBS), to treat substance use disorder (SUD) due to the considerable risks of the procedures. However, given the advances in DBS research and the shortcomings of current treatment modalities for addiction, off-label use and clinical trials are being implemented for the management of treatment-refractory patients. Here we conduct an ethical and legal analysis of DBS for SUD, referencing the four foundational principles of medical ethics and key legal concepts. There are major concerns related to the capacity of a SUD patient to provide informed consent, as well as the risks and benefits of DBS compared to traditional treatment methods. In addition to ethical concerns, we explore potential legal issues that may arise from DBS in the treatment of addiction. These include the potential mandate of these procedures in the context of the criminalization of substance use, and the issue of familial consent in the decision-making process. Given the paucity of relevant clinical guidelines or legal cases, general medico-legal principles serve as the reference in making decisions about the responsible use of DBS as a treatment for addiction. Given the rapidly increasing evidence for DBS as a treatment for SUD, it is an urgent imperative to consider the relevant key ethical and legal issues. Incorporating IDEAL (Idea, Development, Exploration, Assessment, Long-term follow-up) framework into future research in DBS is recommended to evaluate patient safety and ethical perspectives. With the broad criminalization of SUD across the globe, legal coercion of DBS is not impossible, especially if proven to be effective to treat SUD. It is advised for stakeholders to urgently consider incorporating DBS-related drug policies so that the potential benefits of DBS within the rights of people with SUD are not hindered by the lack of clinical guidance and legislations.
Bibliography:ObjectType-Article-1
SourceType-Scholarly Journals-1
ObjectType-Feature-3
content type line 23
ObjectType-Review-2
ISSN:0955-3959
1873-4758
DOI:10.1016/j.drugpo.2023.103964