25-03.1-18.1. Court-authorized involuntary treatment with prescribed medication.
515 words·~2 min read·
/nd/title-25/chapter-25-03-1-commitment-procedures/25-03-1-18-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. a. Upon notice and hearing, a tier 1b mental health professional may request
authorization from the court to treat an individual under a mental health treatment
order, or an individual voluntarily admitted to a public treatment facility under
section 25-03.1-04, with prescribed medication. The request may be considered
by the court in an involuntary treatment hearing. As a part of the request, a
psychiatrist or a final year psychiatric resident physician not involved in the
current diagnosis or treatment of the patient shall certify:
(1)That the proposed prescribed medication is clinically appropriate and
necessary to effectively treat the patient and that the patient is a person
requiring treatment;
(2)That the patient was offered that treatment and refused it or that the patient
lacks the capacity to make or communicate a responsible decision about
that treatment;
(3)That prescribed medication is the least restrictive form of intervention
necessary to meet the treatment needs of the patient; and
(4)That the benefits of the treatment outweigh the known risks to the patient.
b. The court shall inquire whether the patient has had a sufficient opportunity to
adequately prepare to meet the issue of involuntary treatment with prescribed
medication and, at the request of the patient, the court may continue the
involuntary treatment hearing for a period not exceeding seven days or may
appoint an independent expert examiner as provided in subsection 4.
2. a. Evidence of the factors certified under subsection 1 may be presented to the
court at an involuntary treatment hearing held pursuant to sections 25-03.1-19
and 25-03.1-22, or at a separate hearing after motion and notice. The court in
ruling on the requested authorization for involuntary treatment with prescribed
medication shall consider all relevant evidence presented at the hearing,
including:
(1)The danger the patient presents to self or others;
(2)The patient's current condition;
(3)The patient's treatment history;
(4)The results of previous medication trials;
(5)The efficacy of current or past treatment modalities concerning the patient;
(6)The patient's prognosis; and
(7)The effect of the patient's mental condition on the patient's capacity to
consent.
b. Involuntary treatment with prescribed medication may not be authorized by the
court solely for the convenience of facility staff or for the purpose of punishment.
3. If the factors certified under subsection 1 have been demonstrated by clear and
convincing evidence, the court may include in its involuntary treatment order a
provision, or it may issue a separate order after notice and hearing, authorizing the tier
1b mental health professional to involuntarily treat the patient with prescribed
medication on such terms and conditions as are appropriate. The order for involuntary
treatment with prescribed medication, however, may not be in effect for more than
ninety days.
4. If a patient has requested an examination by an independent expert examiner under
this chapter, and if the tier 1b mental health professional has requested authorization
for involuntary treatment with prescribed medication, only a psychiatrist or final year
psychiatric resident physician may independently examine the patient as to the issue
of involuntary treatment with prescribed medication.