(a) A person may be ordered and administered treatment or medication only in conformance with this section. For the purposes of this section, involuntary treatment is limited to medication for the treatment of persons who suffer from behavioral health challenges or disorders and laboratory testing and medication for the monitoring and management of side effects, or for medication that the treating physician considers to be a part of urgently needed or lifesaving treatment.
(b) If the person’s primary treating physician proposes a treatment that in the exercise of the physician’s professional judgment, believes is in the best interest of the patient and if the patient lacks clinical capacity to give informed consent to the proposed treatment or medication and the patient is unwilling or unable to comply with the proposed treatment, the patient’s primary treating physician shall request the Court in writing for an order for the involuntary treatment or medication except as to the Bureau of Corrections where permitted by applicable law and policy guidelines. The request must be made to the Court and must include the following information:(1) The name of the patient, the patient’s diagnosis and the unit in which the patient is hospitalized;(2) The date that the patient was committed to the facility and the period of the court-ordered commitment, or the amount of time under care;(3) A statement by the primary treating physician that the patient lacks the capacity to give informed consent to the proposed treatment. The statement must include documentation of a second opinion, stating that the patient lacks the capacity, and must be given by a professional qualified to issue such an opinion, who does not provide direct care to the patient, but who may work for the facility;(4) A description of the proposed course of treatment, including specific medications, routes of administration, and dose ranges, a proposal of alternative medications or routes of administration if any, and the circumstances under which any proposed alternative would be used;(5) A description of how the proposed treatment will benefit the patient and ameliorate identified signs and symptoms of the patient’s illness, disorder or challenge;(6) A listing of the known or anticipated risks and side effects of the proposed treatment and how the prescribing physician will monitor, manage and minimize the risks and side effects;(7) Documentation of any underlying medical condition of the patient that contraindicates the proposed treatment; and(8) Documentation of any advance health-care directive that gives any declaration regarding the medical treatment of any disorders or illnesses.
(1) The name of the patient, the patient’s diagnosis and the unit in which the patient is hospitalized;
(2) The date that the patient was committed to the facility and the period of the court-ordered commitment, or the amount of time under care;
(3) A statement by the primary treating physician that the patient lacks the capacity to give informed consent to the proposed treatment. The statement must include documentation of a second opinion, stating that the patient lacks the capacity, and must be given by a professional qualified to issue such an opinion, who does not provide direct care to the patient, but who may work for the facility;
(4) A description of the proposed course of treatment, including specific medications, routes of administration, and dose ranges, a proposal of alternative medications or routes of administration if any, and the circumstances under which any proposed alternative would be used;
(5) A description of how the proposed treatment will benefit the patient and ameliorate identified signs and symptoms of the patient’s illness, disorder or challenge;
(6) A listing of the known or anticipated risks and side effects of the proposed treatment and how the prescribing physician will monitor, manage and minimize the risks and side effects;
(7) Documentation of any underlying medical condition of the patient that contraindicates the proposed treatment; and
(8) Documentation of any advance health-care directive that gives any declaration regarding the medical treatment of any disorders or illnesses.
(c) The court order for treatment under this section may remain in effect for up to 120 days or until the end of the period of commitment, whichever is sooner unless altered by an agreement for a different course of treatment by the primary treating physician and patient or by modification or vacation of the order from the Commissioner or the Commissioner’s designee, for a patient at a designated private behavioral health treatment facility.