A youth may be treated involuntarily with psychotropic
medications only under the following circumstances:
In an emergency, after reasonable
interventions have proved unsuccessful, the attending licensed psychologist,
social worker or physician or APNP shall determine whether a recommendation for
an emergency transfer to a state treatment facility under s.
, Stats., should be made to the
superintendent. Pending that determination, the attending physician or APNP may
order involuntary treatment with psychotropic medication. The youth may be
treated involuntarily with psychotropic medications pending an emergency
transfer, or for 72 hours, whichever is shorter. If an emergency transfer is
initiated, the attending physician or APNP may order continued involuntary
treatment with psychotropic medications pending completion of the transfer
proceedings. In this subsection, "emergency" means a situation in which either
of the following is true:
(a) The youth's
perception of reality appears to be severely impaired as a result of mental
(b) The youth appears to
pose an immediate danger to self or others, evidenced by a recent overt act or
attempt or threat to inflict serious bodily harm.
If a youth is committed under s.
Stats., on an outpatient basis with an order to treat involuntarily in an
institution and a court has found the youth 14 years or older incompetent to
refuse psychotropic medications, a physician, physician assistant, APNP, or
nurse shall distribute or administer the medications. The following steps shall
A physician, physician
assistant, APNP or nurse shall give the youth an opportunity to take the
medication voluntarily. If it is not possible to comply with s.
due to the youth's
behavior, the physician, physician assistant, APNP, or nurse shall record the
reasons in the youth's clinical or medical services record.
(b) If the youth refuses to take the
medication, the physician, physician assistant, APNP, or nurse shall counsel
the youth and attempt to persuade the youth to take the medication.
If the youth continues to refuse, the
attending physician, physician assistant or APNP shall decide the course of
action to be taken. Possible actions include:
1. Take no action for a period of
2. Send the youth to a
special unit within the institution for treatment of mental illness.
3. When appropriate, put the youth in
observation status pursuant to ch. DOC 375.
4. Recommend transfer of the youth to an
appropriate health care setting.
If appropriate, a licensed psychologist or physician may recommend to the
superintendent transfer of the youth to a state treatment facility under s.
6. Direct that the youth be ordered to take
the medication and that force be used to administer it, if necessary. Only the
minimum amount of force required to effectively administer the medication shall
Wis. Admin. Code Department of Corrections § DOC 383.06
Cr. Register, June, 2000,
No. 534, eff. 7-1-00.