53.06.040 Involuntary Medication

(a) Upon prior notice to the Court, Respondent, and, when applicable, Respondent's guardian, a treating physician, physician assistant, psychiatrist, or advanced practice registered nurse may request authorization from the Court to involuntarily treat the Respondent with prescribed medication. A request for treatment with prescribed medication may be made at the Treatment Hearing, a Status Review Hearing, or at a separate hearing after motion and notice.

(b) As a part of the request, a psychiatrist or a final year psychiatric resident physician not involved in the current diagnosis or treatment of the patient shall certify:

(1) That the proposed prescribed medication is clinically appropriate and necessary to effectively treat the patient and that the patient is a person requiring treatment;

(2) That the patient was offered that treatment and refused it or that the patient lacks the capacity to make or communicate a responsible decision about that treatment;

(3) That prescribed medication is the least restrictive form of intervention necessary to meet the treatment needs of the patient; and

(4) That benefits of treatment substantially outweigh the known risks to the patient.

(c) The Respondent, or the Respondent's guardian, has a right to request an examination by an independent expert on the issue of involuntary treatment with prescribed medication and submit the independent expert's report at the Hearing and/or call the independent expert as a witness in the hearing.

(d) The Court, in ruling on the requested authorization for involuntary treatment with prescribed medication, shall consider all relevant evidence presented at a hearing, including:

(1) The danger the patient presents to self or others;

(2) The patient's current condition;

(3) The patient's treatment history;

(4) The results of previous medication trials;

(5) The efficacy of current or past treatment modalities concerning the patient;

(6) The patient's prognosis;

(7) The effect of the patient's mental condition on the patient's capacity to consent.; and

(8) If the patient has a legal guardian, the patient's legal guardian's opinion on involuntary medication.

The Court may not authorize involuntary treatment with prescribed medication solely for the convenience of facility staff or for the purpose of punishment.

(e) If the factors certified under subsection (b) have been demonstrated by clear and convincing evidence, the court may include a provision in its Treatment Order, or separate Order after notice and hearing, authorizing the treating physician, physician assistant, psychiatrist, or advanced practice registered nurse to involuntarily treat the patient with prescribed medication on such terms and conditions as are deemed appropriate by the Respondent's individual circumstances.

(f) Any order for involuntary treatment with prescribed medication may not be in effect longer than ninety (90) days.