Current through Register Vol. 54, No. 7, April 4, 2022
informed consent, the licensee shall inform each person served or his or her
1. Any medical condition
2. Any need
for behavioral intervention, including, but not limited to, behavior
modification or the administration of psychotropic medication;
3. Any other circumstance requiring
4. The attendant
risks of treatment;
attendant risks of refusing treatment;
6. The right to refuse treatment;
7. The right to withdraw
informed consent at any time.
(b) Informed consent shall not be
(c) Informed consent shall
be obtained in writing and filed in the record of the person served.
(d) Any person served over the age of
majority and without a court-appointed guardian shall be expected to sign his
or her own informed consent forms.
(e) When a person served has a guardian,
informed consent shall be signed by the guardian.
(f) Every effort shall be made to support the
person served through formal and informal activities prior to pursuing
guardianship, unless the person served is in risk of immediate harm.
(g) The removal of decision-making
responsibility through guardianship shall only be considered for persons served
who, through their actions, do not demonstrate adaptive behavior or do not
demonstrate that they are capable of identifying or understanding the
consequences of their decisions.
(h) The TDT shall identify the need for
assistance and guardianship for each person served, unless the person served is
in risk of immediate harm.
Neither a service agency nor an employee or volunteer shall become a guardian
for any person served.
licensee may petition the court to appoint a person to assist the person served
with a particular decision.
advocate from a local, State or private agency may be requested to assist the
(l) Family members
may be requested to assist in making decisions with and for the person served,
if the person served so desires.