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§43A-5-204.
§43A-5-204.
A. During the detention periods authorized by the Mental Health and
Substance Abuse Services Law, Section 1-101 et seq. of this title, or
during the time set forth in the Mental Health and Substance Abuse
Services Law for the precommitment screening examination, or while in
the custody of the Department of Corrections appropriate treatment and
medication, including psychotropic medication, may be administered to
a consenting individual.
B. Treatment and medication may be administered to a nonconsenting
individual upon the written order of a physician who has personally
examined the patient and who finds such medication or treatment is
necessary to protect the patient, the facility or others from serious
bodily harm, and who so notes in the individual's medication record,
with an explanation of the facts leading up to the decision to
administer treatment and medication including psychotropic medication.
C. Any physician who orders medication in good faith and any employee
of the facility who administers medication in good faith pursuant to
the written order of a physician, under the provision of this section,
shall be immune from civil suits for damages that occur from such
administration of medication.
D. Seclusion or restraint may be administered to a nonconsenting
individual upon the written order of a physician who has personally
examined the patient and who finds that seclusion or restraint is
necessary to protect the patient, the facility, or other persons. The
physician shall note in the chart of the patient an explanation of the
decision to administer seclusion or restraint, including
administration of psychotropic medication. This shall not prohibit
emergency seclusion or restraint pending notification of a physician.
E. If the individual is under the influence of psychotropic medication
during any court hearing held pursuant to Section 5-401 of this title,
the court, and the jury, if any, shall be advised by the district
attorney at the beginning of such hearing that such individual is
under the influence of psychotropic medication, the purpose of the
medication, and the effect which such medication may have on the
individual's actions, demeanor and participation at the hearing.
F. If an inmate in the custody of the Department of Corrections has
been properly assigned and committed to the Special Care Unit at the
State Penitentiary the provisions of this section shall apply.
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