Title 22 . Department of Corrections

Chapter 5 . Sex Offender Treatment Providers

Section 122. Involuntary administration of psychotropic medication

22 AAC 05.122. Involuntary administration of psychotropic medication

(a) Except as provided in (b) - (d) of this section, unless treatment or medication has been ordered by a court a prisoner retains the right to informed consent and to refuse psychological or psychiatric treatment including the administration of psychotropic medication.

(b) If facility health care personnel diagnose a prisoner as being in imminent danger of harming himself or herself, or others, as a result of illness, and the prisoner has refused to make an informed consent for treatment, psychotropic medication may be involuntarily administered in accordance with procedures established by the commissioner, if the prisoner

(1) has been evaluated by a physician who has reviewed pertinent records and information regarding the prisoner and has prescribed the psychotropic medication as part of a therapeutic medical treatment plan;

(2) is apparently capable of, but refuses to give informed consent after being advised of the elements of informed consent;

(3) has had less restrictive alternative forms of treatment such as soft restraints or housing in a restrictive setting applied, without satisfactory therapeutic result;

(4) continues to manifest symptoms that indicate that treatment is necessary to prevent the prisoner from endangering himself or herself, or others; and

(5) has been evaluated by a second physician who concurs in the involuntary administration of psychotropic medication.

(c) Notwithstanding (b) of this section, if, in the opinion of the facility physician, a prisoner presents such an immediate danger to himself or herself, or others, that the informed consent process under (a) of this section, or the informed consent review process under (b) of this section cannot be completed in a timely fashion, the prisoner may be involuntarily administered psychotropic medication. The involuntary administration must be followed by

(1) a medical review as set out in (b) of this section within 72 hours after the emergency administration of medication; and

(2) regular and timely follow-up monitoring by the prescribing physician, incorporating safeguards consistent with prudent standards of medical care.

(d) If, in the opinion of facility health care personnel, a prisoner requires the administration of psychotropic medication as part of the therapeutic medical treatment plan but is not capable of giving informed consent, the following standards apply:

(1) emergency cases must be treated as set out in (c) of this section; and

(2) non-emergency cases must be considered for transfer to a psychiatric facility under 22 AAC 05.253 or referred to the Department of Law for assistance in seeking a court order for treatment.

History: Eff. 1/9/87, Register 101

Authority: AS 33.30.011

AS 33.30.021

AS 44.28.030