SB 967

Version: Public+Act+No.+19-99+R00SB+00967+PA.pdf
Author: Public Health Committee

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AN ACT CONCERNING THE RECOMMENDATIONS OF THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES REGARDING EMERGENCY MEDICATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

1Section 1. Section 17a-543a of the general statutes is repealed and

2the following is substituted in lieu thereof (Effective from passage):

3(a) (1) (A) If it is determined by the head of the hospital and two

4qualified physicians that a patient who is a defendant placed in the

5custody of the Commissioner of Mental Health and Addiction Services

6pursuant to section 54-56d is incapable of giving informed consent to

7medication for the treatment of the patient's psychiatric disabilities and

8such medication is deemed to be necessary for the patient's treatment,

9the facility in which the patient is placed may petition the probate

10court for the district in which such facility is located for appointment

11of a special limited conservator with specific authority to consent to

12the administration of medication, provided an employee of such

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19required to issue such citation and notice to the patient, the patient's

20attorney and any conservator appointed for the patient, and (ii) the

21court, in its discretion, may order notice as it directs to other persons

22having an interest in the patient and to such persons the patient

23requests to be notified. The Probate Court may appoint a special

24limited conservator with such specific authority pursuant to this

25subparagraph if the court finds by clear and convincing evidence that

26the patient is incapable of giving informed consent to medication for

27 the treatment of the patient's psychiatric disabilities and such

28medication is necessary for the patient's treatment. The Probate Court

29may grant the special limited conservator specific authority to consent

30to the release of the patient's medical records to such facility if the

31court finds by clear and convincing evidence that the patient is

32unwilling or unable to release such records and such records are

33necessary to make decisions concerning the patient's treatment.

34(B) The special limited conservator shall meet with the patient and

35the physician, review the patient's written record and consider the

36risks and benefits from the medication, the likelihood and seriousness

37of adverse side effects, the preferences of the patient, the patient's

38religious views, and the prognosis with and without medication. After

39consideration of such information, the special limited conservator shall

40either consent to the patient receiving medication for the treatment of

41the patient's psychiatric disabilities or refuse to consent to the patient

42receiving such medication.

43(2) The authority of a special limited conservator to consent to the

44administration of medication under subdivision (1) of this subsection

45shall be effective for not more than one hundred twenty days. In the

46case of continuous hospitalization of the patient beyond such one

47hundred twenty days, if the head of the hospital and two qualified

48physicians determine that the patient continues to be incapable of

49giving informed consent to medication for the treatment of the

50patient's psychiatric disabilities and such medication is deemed to be

51necessary for the patient's treatment, the authority of the special

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52limited conservator to consent to the administration of medication may

53be extended for a period not to exceed one hundred twenty days by

54order of the Probate Court without a hearing upon application by the

55head of the hospital. Prompt notice of the order shall be given to the

56patient, special limited conservator and facility.

57(3) The reasonable compensation of a special limited conservator

58appointed under this subsection shall be established by the Probate

59Court Administrator and paid from the Probate Court Administration

60Fund.

61(b) (1) If it is determined by the head of the hospital and two

62qualified physicians that (A) a patient who is a defendant placed in the

63custody of the Commissioner of Mental Health and Addiction Services

64pursuant to section 54-56d is capable of giving informed consent but

67treatment, and (C) without medication, the psychiatric disabilities with

68which the patient has been diagnosed will continue unabated and

69place the patient or others in direct threat of harm, the facility in which

70the patient is placed may petition the probate court for the district in

71which such facility is located to authorize the administration to the

72patient of medication for the treatment of the patient's psychiatric

73disabilities, despite the refusal of the patient to consent to such

74medication. The provisions of section 45a-649 concerning issuance of a

78respondent under section 45a-649, except that (i) the court shall only be

79required to issue such citation and notice to the patient, the patient's

80attorney and any conservator appointed for the patient, and (ii) the

81court, in its discretion, may order notice as it directs to other persons

82having an interest in the patient and to such persons the patient

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85and convincing evidence that (I) the patient is capable of giving

86informed consent but refuses to consent to medication for treatment of

87the patient's psychiatric disabilities, (II) there is no less intrusive

88beneficial treatment, and (III) without medication, the psychiatric

89disabilities with which the patient has been diagnosed will continue

90unabated and place the patient or others in direct threat of harm.

91(2) An order authorizing the administration of medication under

92subdivision (1) of this subsection shall be effective for not more than

93one hundred twenty days. In the case of continuous hospitalization of

94the patient beyond such one hundred twenty days, if the head of the

95hospital and two qualified physicians determine that (A) the patient

96continues to be capable of giving informed consent but refuses to

97 consent to medication for treatment of the patient's psychiatric

98disabilities, (B) there is no less intrusive beneficial treatment, and (C)

99without medication, the psychiatric disabilities with which the patient

100has been diagnosed will continue unabated and place the patient or

101others in direct threat of harm, the order may be extended for a period

102not to exceed one hundred twenty days by order of the Probate Court

103without a hearing. Prompt notice of the order shall be given to the

104patient and facility.

105(c) Notwithstanding the provisions of subsections (a) and (b) of this

106section, if obtaining consent under this section would cause a

107medically harmful delay to a patient whose condition is of an

108extremely critical nature, as determined by the personal observation of

109a physician or the senior clinician on duty in the facility in which the

110patient is placed, the physician or senior clinician may order

111medication for treatment of the patient's psychiatric disabilities

112without consent.

113[(c)] (d) Unless there is a serious risk of harm to the patient or

114others, based upon the patient's past history or current condition,

115nothing in this section authorizes any form of involuntary medical,

116psychological or psychiatric treatment of any patient who in the

117sincere practice of his or her religious beliefs is being treated by prayer

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118alone in accordance with the principles and practices of a church or

119religious denomination by a duly accredited practitioner or ordained

120minister, priest or rabbi thereof.

121[(d)] (e) Nothing in this section shall be construed to limit the

122application of sections 45a-644 to 45a-663, inclusive, except as

123specifically provided in this section.

This act shall take effect as follows and shall amend the following sections:

PH Joint Favorable Subst.

JUD Joint Favorable