Involuntary Treatment and Medication

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Control Number: 401.06.03.067 Version: 2.1 Title: Involuntary Medication and Treatment Page Number: 2 of 17 Involuntary Medication: The administration of medication to an offender without the offender’s informed consent. (Under non-emergency involuntary medication situations, the administration of medication will occur only after holding an involuntary medication hearing.) Involuntary Medication Hearing: A hearing to determine whether an offender in a non- emergency involuntary medication situation should be subject to involuntary medication. Involuntary Medication Hearing Committee (IMHC): A committee comprised of a deputy warden, non-treating psychologist, and non-treating psychiatrist for the purpose of determining whether an offender should be subjected to involuntary medication. (The non- treating psychiatrist shall serve as chair of the IMHC.) Involuntary Medication Report: A report, submitted by the treating psychiatrist, requesting the involuntary medication of an offender who will not or cannot give informed consent to treatment. Likelihood of Serious Harm: A substantial risk that: • Physical harm will be inflicted by an individual upon his own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on himself; or • Physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or • Harm will be inflicted by an individual upon his or other’s property as evidenced by behavior which has caused substantial loss or damage to his or other’s property. Medical Director: A physician either employed by the Idaho Department of Correction (IDOC) or contracted through privatized services (i.e., the physician in charge if medical services are privatized). Mental Disorder: Any organic, mental, or emotional impairment which has a substantial adverse effect on an individual’s cognitive functioning or volitional control. Preponderance of the Evidence: The general standard of proof in most civil cases, which is the degree of proof that will lead a person (e.g., a party, an investigator) to conclude that the existence of the fact is more probable than not. Regional Health Manager: The individual (a) assigned as the primary manager, and (b) administratively responsible for the delivery of medical services, if health services are privatized. PURPOSE The purpose of this standard operating procedure (SOP) is to establish guidelines for the involuntary administration of medications to those offenders suffering from mental disorders, who as a result of those disorders, are considered gravely disabled and/or presents the likelihood of serious harm to self, others, or their property. SCOPE This SOP applies to all Idaho Department of Correction (IDOC) employees, offenders, contract medical providers and subcontractors.