202A.196 Hospital review committee -- Treatment plan.
231 words·~1 min read·
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(1)Every hospital approved under the provisions of this chapter shall have a review
committee of three
(3)qualified mental health professionals appointed by the
hospital director. This review committee shall have the authority to review the
appropriateness of a patient's individual treatment plan.
(2)Upon the refusal of an involuntary patient to participate in any or all aspects of his
treatment plan, the review committee shall examine the appropriateness of the
patient's individual treatment plan. Within three
(3)days of the refusal, the review
committee shall meet with the patient and his counsel or other representative to
discuss its recommendations.
(3)If the patient still refuses to participate in any or all aspects of his individual
treatment plan, the hospital may petition the District Court for a de novo
determination of the appropriateness of the proposed treatment. Within seven
days, the court shall conduct a hearing, consistent with the patient's rights to due
process of law, and shall utilize the following factors in reaching its determination:
(a)Whether the treatment is necessary to protect the patient or others from harm;
(b)Whether the patient is incapable of giving informed consent to the proposed
treatment;
(c)Whether any less restrictive alternative treatment exists; and
(d)Whether the proposed treatment carries any risk of permanent side effects.
(4)Upon the completion of the hearing, the court shall enter an appropriate judgment.