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§ 5-204. Appropriate treatment and medication--Nonconsenting individuals--Immunity--Seclusion o...

Oklahoma Statutes AnnotatedTitle 43A. Mental HealthEffective: November 1, 2019

Oklahoma Statutes Annotated
Title 43a. Mental Health (Refs & Annos)
Chapter 1. Mental Health Law of 1986 (Refs & Annos)
Rights of Detained or Confined Persons
Effective: November 1, 2019
43A Okl.St.Ann. § 5-204
§ 5-204. Appropriate treatment and medication--Nonconsenting individuals--Immunity--Seclusion or restraint--Hearings while under influence of psychotropic medication--Inmates committed to special care unit
Currentness
A. Appropriate treatment and medication, including psychotropic medication, may be administered to a consenting individual:
1. During the detention periods authorized by the Mental Health Law;
2. During the time set forth in the Mental Health Law for the precommitment screening examination; or
3. While in the custody of the Department of Corrections.
B. Treatment and medication may be administered to a nonconsenting individual upon the written order of the physician who:
1. Has personally examined the consumer;
2. Finds the medication or treatment is necessary to protect the consumer, the facility or others from serious bodily harm; and
3. Notes in the medication record of the consumer, 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 the administration of medication.
D. Seclusion or restraint may be administered to a nonconsenting individual upon the written order of a physician who:
1. Personally examined the consumer; and
2. Finds that seclusion or restraint is necessary to protect the consumer, the facility, or other persons. The physician shall note in the chart of the consumer an explanation of the decision to administer seclusion or restraint, including administration of psychotropic medication. This shall not prohibit emergency seclusion or restraint, including mechanical restraint, pending notification of a physician.
E. If the consumer is under the influence of psychotropic medication during any court hearing held pursuant to Section 5-415 of this title, the court, and the jury, if any, shall be advised by the district attorney at the beginning of the hearing that:
1. The consumer is under the influence of psychotropic medication;
2. The purpose of the medication; and
3. The effect which such medication may have on the actions, demeanor and participation of the consumer at the hearing.
F. If an inmate in the custody of the Department of Corrections has been properly assigned and committed to a unit described in Section 400 of Title 57 of the Oklahoma Statutes, the provisions of this section shall apply.

Credits

Laws 1980, c. 324, § 9, emerg. eff. June 17, 1980; Laws 1985, c. 235, § 2, eff. Nov. 1, 1985; Laws 1986, c. 59, § 1, eff. Nov. 1, 1986. Renumbered from Title 43A, § 54.8 by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Laws 1988, c. 260, § 3, eff. Nov. 1, 1988; Laws 1990, c. 245, § 3, emerg. eff. May 21, 1990; Laws 1997, c. 195, § 2, eff. Nov. 1, 1997; Laws 2005, c. 150, § 37, emerg. eff. May 9, 2005; Laws 2007, c. 130, § 12, eff. Nov. 1, 2007; Laws 2019, c. 41, § 1, eff. Nov. 1, 2019.
43A Okl. St. Ann. § 5-204, OK ST T. 43A § 5-204
Current with emergency effective legislation through Chapter 29 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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