§334-162 Criteria for administrative authorization process.
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§334-162 Criteria for administrative authorization process .
(a)A patient who is in the custody of the director and in a psychiatric facility may be ordered to receive medical treatment over the patient's objection through an administrative authorization process that includes the following due process safeguards:
(1)The facility shall give notice to the patient of the authorization process and the reasons for initiating the process;
(2)The administrative decision-maker, who shall be a psychiatrist with relevant clinical training and experience, and who is not involved with the current treatment of the patient, shall, after considering all relevant evidence, determine whether the criteria under section 334-161 are met;
(3)The patient shall have the right to attend the hearing, receive assistance from an advisor, cross examine witnesses, and present testimony, exhibits, and witnesses; and
(4)The patient shall have the right to appeal the decision of the administrative decision-maker.
(b)The administrative process described by this section is exempt from the contested case requirements of sections 91-8.5 to 91-15.
(c ) The department may adopt rules, pursuant to chapter 91, to effectuate this part. [L 2017, c 111, pt of §2, § 8; am L 2024, c 87, §13; am L 2025, c 219, § 24]