California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 6 - Division of Juvenile Justice
Chapter 5 - Health Care Services
Article 3 - Mental Health
Section 30664 - Involuntary Psychotropic Medication

Universal Citation: 9 CA Code of Regs 30664

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Involuntary psychotropic medication may be administered in an emergency. An emergency exists when:

(1) There is a marked change in the ward's condition that indicates that action is immediately necessary for the preservation of life or the prevention of bodily harm to self or others, and

(2) It is impracticable or impossible to obtain informed consent.

(b) The administration of psychotropic medication in an emergency shall be only that which is required to treat the emergency condition and shall be provided in ways which are the least restrictive to the personal liberty of the ward.

(c) The administration of psychotropic medication in an emergency may be continued for 72 hours on the order of the psychiatrist or physician.

(d) The chief medical officer at each facility shall ensure that a log is maintained in which each occasion of involuntary psychotropic medication is recorded for each ward.

(1) The log shall identify the ward by name and number, and shall include the name of the ordering physician, the reason for medication and the time and date of medication.

(2) The log shall be reviewed by the chief medical officer at least monthly and shall be made available for review by the chief of the health care services division upon request.

(e) The administration of involuntary psychotropic medication in excess of 72 hours for wards 18 years of age or older or emancipated minors shall be prohibited unless such wards are provided with the protections required in Keyhea v. Rushen, Solano County Superior Court No. 67432, Order Granting Plaintiffs Motion for Clarification and Modification of Injunction and Permanent Injunction, filed October 31, 1986.

(1) The administration of involuntary psychotropic medication in excess of ten days shall be prohibited unless such wards are provided with the protections required in Keyhea v. Rushen, supra.

(2) The administration of involuntary psychotropic medication in excess of 24 days shall be prohibited unless such wards are provided with the protections required in Keyhea v. Rushen, supra.
(A) The judicial hearing for the authorization for the involuntary administration of psychotropic medication provided for in part III of Keyhea v. Rushen, supra, shall be conducted by an administrative law judge.

(B) The judicial hearing may, at the direction of the director, be conducted at the facility where the ward is located.

(f) The administration of involuntary psychotropic medication in excess of the 72 hours for wards under the age of 18 who are not emancipated minors shall be in accordance with the following and shall occur only when a parent or guardian denies consent as defined in Article 1, Section 30602 or when a parent or guardian is not available:

(1) If consent is denied by a parent or guardian and the ward meets the criteria identified in Keyhea v. Rushen, supra, the procedures in subsection (c)(1) through (c)(4) shall be initiated.

(2) If consent is denied by a parent or guardian and the ward does not meet the criteria identified in Keyhea v. Rushen supra but has a diagnosed mental health condition that would benefit from psychotropic medication, medication shall not be administered. Psychotherapy shall be initiated and the progress and outcome recorded in the Unified Health Record.

(3) If the parent or guardian is not available and the ward meets the criteria identified in Keyhea v. Rushen, supra, the procedures in subsection (c)(1) through (c)(4) shall be initiated.

(4) If the parent or guardian is not available and the ward does not meet the criteria identified in Keyhea v. Rushen, supra, consultation from a community psychiatrist shall be obtained. Administration of psychotropic medication shall be based on the recommendation of the community psychiatrist.

1. Change without regulatory effect renumbering title 15, section 4747 to title 9, section 30664, including amendment of subsection (f), filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).

Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code; and Keyhea v. Rushen, Solano County Superior Court No. 67432, Order Granting Plaintiffs' Motion for Clarification and Modification of Injunction and Permanent Injunction, filed October 31, 1986.

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