SECTION 450:15-3-16. Rights regarding medication and treatment during pre-screening detention

(a)   During the detention periods authorized by 43A O.S. § 5-204 or during the time set forth for emergency examination, appropriate treatment and medication including psychotropic medications, may be administered to a consenting individual.

(b)   If a consumer refuses medication and constitutes a risk of harming self or others, then it is the physician's responsibility to initiate emergency detention or involuntary commitment pursuant to 43A O.S. §§ 5-206, et seq.

(c)   Treatment and medication may be administered to a non-consenting individual under the following conditions pursuant to43A O.S. § 5-204:

(1)   upon a written order of a physician who has personally examined the consumer; and

(2)   who finds an emergency exists wherein such medication or treatment is necessary to protect the consumer, the facility, or others from serious bodily harm; and

(3)   who so notes the emergency in the individual's medication record, with an explanation of the facts leading up to the decision to administer treatment and medication, including psychotropic medication. Use of involuntary medication shall not continue beyond the emergency unless either the consumer consents or the consumer is declared legally incompetent and the guardian consents.

(d)   Seclusion and restraint may be administered to a non-consenting individual under the following conditions pursuant to 43A O.S. § 5-205:

(1)   Upon the written order of a physician who has personally examined the consumer;

(2)   Who finds that seclusion or restraint is necessary to protect the consumer, the facility, or other persons.

(3)   The physician shall note in the patient's chart an explanation of the decision to administer seclusion and restraint. This shall not prohibit emergency seclusion and restraint pending notification of a physician.

(e)   If the person is under the influence of psychotropic medication during any court hearing held pursuant to 43A O.S. § 5-400, the court and the jury, if any, shall be advised by the District Attorney at the beginning of such hearing that such consumer is under the influence of psychotropic medication, the purpose and effect of the medication.

[Source: Amended at 10 Ok Reg 4093, eff 7-26-93; Amended at 17 Ok Reg 2122, eff 7-1-00; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04; Amended at 23 Ok Reg 1412, eff 7-1-06]