Wis. Admin. Code Department of Corrections § DOC 383.05 - Voluntary treatment with psychotropic medication

Current through November 29, 2021

Youth may be treated with psychotropic medications in an institution without being committed under ch. 51, Stats. Each institution shall ensure that treatment is voluntary by doing all of the following:

(1) The physician or APNP shall discuss the following with the youth and the parent or guardian of a youth under 18 years of age, or a legal guardian of an incompetent individual 18 years or older:
(a) The nature of the condition.
(b) The purposes, nature and dose of the medication.
(c) The desired effects of the medication.
(d) The risks and side effects of the medication.
(e) Appropriate alternatives as available.
(f) Prognosis without medication.

Note: The discussion shall be with a youth aged 18 years or older pursuant to s. DOC 383.04(4) (a) 3.

(2) The physician or APNP shall ask the youth to consent to take medication, and may proceed with voluntary treatment only if:
(a) The youth consents in writing.
(b) Parent or guardian consent is obtained as specified in s. DOC 383.04(4).
(3) The physician or APNP may not prescribe medication if the physician or APNP believes that the youth is agreeing to take medications as a result of coercion, threats, or other improper means. This does not preclude the physician or APNP, or others, from discussing with the youth the desired effects of medication, such as improvements in mental, emotional, or behavioral functioning.
(4) A youth 14 years or older or a parent or guardian who consented under s. DOC 383.04(4) may withdraw or reinstate consent at any time in writing to the physician or APNP who shall make the final determination as to whether psychotropic medication is needed. A youth may not be disciplined for refusing psychotropic medication.


Wis. Admin. Code Department of Corrections § DOC 383.05
Cr. Register, June, 2000, No. 534, eff. 7-1-00.

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