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Code · Wisconsin · Chapter 55 — Protective service system

55.14 Involuntary administration of psychotropic medication.

332 words·~2 min read·/wi/chapter-55/55-14-2

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55.14 Involuntary administration of psychotropic medication.
(1)In this section:
(a)“Involuntary administration of psychotropic medication” means any of the following:
1. Placing psychotropic medication in an individual’s food or drink with knowledge that the individual protests receipt of the psychotropic medication.
2. Forcibly restraining an individual to enable administration of psychotropic medication.
3. Requiring an individual to take psychotropic medication as a condition of receiving privileges or benefits.
(b)“Not competent to refuse psychotropic medication” means that, as a result of developmental disability, degenerative brain disorder, serious and persistent mental illness, or other like incapacities, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to an individual, one of the following is true:
1. The individual is incapable of expressing an understanding of the advantages and disadvantages of accepting treatment and the alternatives to accepting treatment.
2. The individual is substantially incapable of applying an understanding of the advantages, disadvantages and alternatives to his or her condition in order to make an informed choice as to whether to accept or refuse psychotropic medication.
(c)“Protest” means make more than one discernible negative response, other than mere silence, to the offer of, recommendation for, or other proffering of voluntary receipt of psychotropic medication. “Protest” does not mean a discernible negative response to a proposed method of administration of the psychotropic medication.
(d)“Psychotropic medication” means a prescription drug, as defined in s. 450.01
(20), that is used to treat or manage a psychiatric symptom or challenging behavior.
(2)Involuntary administration of psychotropic medication, with consent of a guardian, may be ordered as a protective service only under the requirements of this section.
(3)In addition to the other requirements of this chapter pertaining to petitions for protective services, a petition under this section shall allege that all of the following are true:
(a)A physician has prescribed psychotropic medication for the individual.
(b)The individual is not competent to refuse psychotropic medication.
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