An individual with a developmental disability receiving services at any institution, facility, or individualized setting from a public or private agency or organization may not be administered at any time any drug or medication, or be chemically restrained or tranquilized in any manner, except upon the written authorization of a licensed physician, physician assistant, or advanced practice registered nurse when necessary and appropriate as an element of the service being received or as a treatment of any medical or physical condition in conformity with accepted standards for that treatment. The nature, amount of, and reasons for the administration of any drug or medication must be promptly recorded in the individual's medical record. A public or private agency or organization licensed by the department to provide services to an individual with a developmental disability shall document any restrictions of these rights in the individual's person-centered service plan.
25-01.2-09. Punishment - Seclusion - Restraints - Psychosurgery - Sterilization - Shock treatment. An individual with a developmental disability receiving services at any institution, facility, or individualized setting from a public or private agency or organization may not at any time: 1. Be subjected to any corporal punishment or shock treatment.
2. Be secluded, except to ensure immediate physical safety of the individual or others. 3. Be restrained, except to ensure immediate physical safety of the individual or others. 4. Be subjected to psychosurgery, sterilization, medical behavioral research, or pharmacological research, except in conformity with an order of a court of competent jurisdiction. Under no circumstances may an individual receiving treatment be subjected to hazardous or intrusive experimental research that is not directly related to the specific goals of that individual's treatment program. 5. Be subjected to electroconvulsive therapy without that individual's or guardian's written and informed consent. If the recipient of services is a minor, the recipient's parent, custodian, or guardian may provide informed consent for that treatment, which the parent, custodian, or guardian believes to be in the recipient's best interests.