Involuntary Treatment and Medication

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Control Number: 401.06.03.067 Version: 2.1 Title: Involuntary Medication and Treatment Page Number: 5 of 17 EMERGENCY INVOLUNTARY MEDICATION FOR OFFENDERS 6. Basis and Procedure for Emergency Involuntary Medication Generally, an involuntary medication hearing must be held prior to any involuntary administration of medication to an offender. However, a physician or psychiatrist may order the emergency involuntary administration of medication without holding an involuntary medication hearing if, in his professional judgment, the offender: • Is refusing or is unable to consent to treatment; • Is suffering from a ‘mental disorder’; • As a result of that mental disorder, presents an imminent likelihood of serious harm to self or others, including the failure to care for self if the harm is imminent; and • Is unlikely to respond to less restrictive medically acceptable alternatives, or such alternatives are not available or have not been successful. Note: For the purpose of this SOP only, ‘mental disorder’ includes mental illness or psychological disorders which may provide a basis for commitment to the Idaho Security Medical Program pursuant to Idaho Code, section 66-1306 et seq. Note: The emergency involuntary administration of medication to the offender shall only occur where there is an existing emergency and shall not be ordered in anticipation of a potential or future emergency. Note: No more than two (2) emergencies for a single offender may be declared within any 30-day period. Physician and Psychiatrist Responsibilities Where the emergency involuntary administration of medication is ordered by a physician who is not a psychiatrist, the physician must consult with a psychiatrist within 24 hours of administering the medication to the offender. • If the psychiatrist concurs with the physician, treatment may be continued for an additional 48 hour period. • If the psychiatrist does not concur, treatment shall cease immediately. • Documentation of the psychiatrist’s consultation shall be entered in the offender’s healthcare record. After the emergency involuntary administration of medication to the offender, the physician or psychiatrist will: • Ensure monitoring occurs for adverse reactions and side effects; • Document in the offender’s healthcare record the specific justification for the medication, when and how the medication is to be administered, what alternative treatments were attempted (or if no alternative treatments were attempted, document why alternative treatments were not attempted, were unavailable, or were unlikely to succeed); and