Criteria for issuance of court or administrative order for treatment over the patient's objection.

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Note

Part repealed June 30, 2024. L 2017, c 111, §8.

Annual report to 2018-2024 legislature on progress in implementing the administrative process. L 2017, c 111, §5.

Departments of health and public safety to develop procedures to obtain administrative orders to overcome objections of patients subject to jurisdiction of department of public safety (repealed June 30, 2024). L 2017, c 111, §4.

§334-161 Criteria for issuance of court or administrative order for treatment over the patient's objection. [See Note at part heading.] (a) A patient who has been committed to a psychiatric facility for involuntary hospitalization or who is in the custody of the director and residing in a psychiatric facility may be ordered to receive treatment over the patient's objection, including the taking or application of medication, if the court, or administrative panel through the administrative authorization process established pursuant to section 334-162, finds that:

(1) The patient suffers from a physical or mental disease, disorder, or defect;

(2) The patient is imminently dangerous to self or others;

(3) The proposed treatment is medically appropriate; and

(4) After considering less intrusive alternatives, treatment is necessary to forestall the danger posed by the patient.

(b) For the purposes of this section, "imminently dangerous to self or others" means that, without intervention, the person will likely become dangerous to self or dangerous to others within the next forty-five days. [L 2017, c 111, pt of §2]


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