§334-129 Failure to comply with assisted community treatment.

296 words·~1 min read·/hi/chapter-334/334-129

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A qualified psychiatric examiner may prescribe or administer to the subject of the order reasonable and appropriate medication or medications, if specifically authorized by a court order, and treatment that is consistent with accepted medical standards and the court order, including the written treatment plan submitted pursuant to section 334-126(g), in accordance with the procedures described in subsection (b).

(b)A qualified psychiatric examiner may administer medication or medications specifically authorized by a court order to a subject of the order over objection of the subject during emergency examination or hospitalization under part IV, subpart A or while committed for involuntary hospitalization under part IV, subpart C.

(c)A subject of the order may be transported to a psychiatric facility or other facility designated by the director for failure to comply with an order for assisted community treatment via the following methods:

(1)By an interested party with the consent of the subject of the order; or

(2)In accordance with section 334-44(b).

(d)The assisted community treatment provider shall make reasonable efforts to solicit the subject's compliance with the prescribed treatment. If the subject fails or refuses to comply after the efforts to solicit compliance, the assisted community treatment provider shall proceed pursuant to section 334-43 or 334-44; provided that the refusal of treatment shall not, by itself, constitute a basis for involuntary hospitalization.

(e)Notice of any transport or hospitalization under this section shall be provided pursuant to section 334-47. [L 1984, c 251, pt of §1; am L 2013, c 221, §§15, 24; am L 2016, c 114, §§4, 6; am L 2017, c 88, §7; am L 2018, c 144, §13; am L 2021, c 58, §6; am L 2025, c 219, §20]