Wis. Admin. Code Department of Corrections § DOC 314.05 - Involuntary treatment

Current through March 28, 2022

An inmate may be treated involuntarily with psychotropic medications only under the following circumstances:

(1) While the inmate is in a state treatment facility under an involuntary commitment under ch. 51, Stats., for the treatment of mental illness and the court has found the inmate not competent to refuse psychotropic medication under s. 51.61, Stats.
(2) If the inmate is committed under s. 51.20, Stats., as an outpatient in a correctional institution, the court has found the inmate not competent to refuse psychotropic medication, and the inmate refuses to take the medication voluntarily. All of the following steps shall be followed:
(a) Psychotropic medication shall be administered by a registered nurse, nurse practitioner, physician assistant, physician, or a designee.
(b) The registered nurse, nurse practitioner, physician assistant or physician shall give the inmate an opportunity to take the medication voluntarily.
(c) When an inmate has been adjudicated under ch. 54, Stats., to be incompetent to consent to treatment, the department of corrections shall obtain consent to voluntary treatment from the inmate's guardian.
(d) When the inmate refuses, the registered nurse, nurse practitioner, physician assistant or physician shall counsel the inmate and attempt to persuade the inmate to take the medication.
(e) If the inmate continues to refuse and there is a current physician order to involuntarily administer the psychotropic medication, the registered nurse, nurse practitioner, or physician assistant shall contact the physician who wrote the order to assess the situation. The physician shall decide the course of action to be taken. Possible actions may include all of the following:
1. Take no action for a period of time.
2. Transfer the inmate to a special unit within the correctional institution for treatment of mental illness.
3. Place the inmate in observation status pursuant to ch. DOC 311.
4. Recommend transfer of the inmate to an alternate correctional institution pursuant to ch. DOC 302.
5. Recommend transfer of the inmate to a state treatment facility, pursuant s. 51.20, Stats.
6. Direct that the medications be administered.
(f) If directed by the attending physician, the registered nurse, nurse practitioner, or physician assistant shall instruct the inmate to take the medication. If the inmate persists in refusing to take the medication, security staff will restrain the inmate while the registered nurse, nurse practitioner, physician assistant, or physician administers the psychotropic medication involuntarily.

Notes

Wis. Admin. Code Department of Corrections § DOC 314.05
Cr. Register, November, 2000, No. 539, eff. 12-1-00; correction in (2) (c) made under s. 13.93(2m) (b) 7, Stats., Register December 2006 No. 612.

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