1.Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.Administration of psychiatric medication over objection prohibited; exceptions.
A patient may not be administered psychiatric medication over the objection of the patient except:
3.Involuntary medication on nonemergency basis.
A hospital may seek to initiate involuntary medication of a patient under this section on a nonemergency basis only if all of the following conditions have been met:
4.Emergency action.
Nothing in this section prohibits a physician from taking appropriate action in an emergency, as defined by the department in rules adopted pursuant to Title 34‑B, section 3003 and in accordance with procedures contained in those rules.
Free access — add to your briefcase to read the full text and ask questions with AI
1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Administration of psychiatric medication over objection prohibited; exceptions.
A patient may not be administered psychiatric medication over the objection of the patient except:
3.
Involuntary medication on nonemergency basis.
A hospital may seek to initiate involuntary medication of a patient under this section on a nonemergency basis only if all of the following conditions have been met:
4.
Emergency action.
Nothing in this section prohibits a physician from taking appropriate action in an emergency, as defined by the department in rules adopted pursuant to Title 34‑B, section 3003 and in accordance with procedures contained in those rules.
5.
Effective date and expiration of order.
An order authorizing involuntary medication pursuant to subsection 3 is effective 24 hours after it is issued and expires one year after the date of the order, unless a new authorization is given pursuant to the procedures set forth in subsection 7 or authorization is terminated early based on a significant change to the patient's medical condition such that the need for treatment no longer outweighs the risks and side effects pursuant to the procedures set forth in subsection 8.
6.
Effect of subsequent consent.
A patient's subsequent informed consent does not abrogate an order authorizing involuntary medication under this section.
7.
Extension.
To extend an authorization that is in effect allowing involuntary medication under this section, the hospital shall, no later than 21 days prior to the expiration of the authorization, file with the department's office of administrative hearings and provide the patient and the patient's counsel with a written notice indicating the hospital's intent to extend the authorization under the existing decision.
8.
Early termination.
To request early termination of an authorization allowing involuntary medication, the patient or the patient's designated representative shall file a request with the department's office of administrative hearings, along with copies of documents from the patient's hospital record, or from another medical source, demonstrating that there has been a significant change to the conditions leading to the original order or the patient's medical condition. The hearing officer shall determine within 14 days whether the documents are sufficient to show such a change, and, if so, shall schedule a hearing to determine whether the change in the conditions leading to the original order or the patient's medical condition is such that the benefits of the authorized treatment no longer outweigh the risks and side effects.
9.
Final agency action.
An order issued by the commissioner under subsection 3, paragraph J, subsection 7, paragraph B or subsection 8, paragraph D is a final agency action.
10.
Rules.
The department may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as described in Title 5, chapter 375, subchapter 2‑A.