Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.106 - HEALTH CARE FACILITIES
Subchapter 37.106.16 - Minimum Standards for a Forensic Mental Health Facility
Rule 37.106.1616 - INVOLUNTARY MEDICATION ADMINISTRATION
Universal Citation: MT Admin Rules 37.106.1616
Current through Register Vol. 18, September 20, 2024
(1) A forensic mental health facility (FMHF) must develop and implement a policy for involuntary medication administration that includes:
(a) procedures for use in an immediate
emergency or an emergency situation to ensure the physical safety of the
client, a staff member, or others;
(b) an administrative review process for use
when involuntary medication is clinically indicated for a client who is gravely
disabled or poses a likelihood of serious harm to themselves, others, or
property as a result of a mental disease or disorder. The process must include:
(i) a formal review within five working days
of beginning the involuntary administration of medication, by a medication
review committee which includes the medical director of the FMHF, the designee,
or both and at least one qualified psychiatrist who is not employed at the
FMHF. No committee member may be directly involved in the client's
care;
(ii) an opportunity for the
client to appear before the panel in person and with a representative of the
client's choice, and to provide testimony and evidence;
(iii) written advance notice of the review
and the right to participate which must be given to the client, guardian, and
Mental Disabilities Board of Visitors;
(iv) an opportunity for review of the
decision of the panel by the director of the licensed mental health
center;
(v) review by the committee
at 14 and 90 days after the initial authorization of involuntary administration
of medication.
(c)
procedures for seeking and implementing a court order authorizing involuntary
administration of medication for clients who are placed at the FMHF under
46-14-221,
MCA, and for whom the sole purpose of involuntary medication is to gain fitness
to proceed.
(2) Attempts must be made to administer medications with the full consent of the client receiving those medications. Such attempts must be documented.
(3) Involuntary medications must be discontinued when no longer necessary as determined by a licensed health care practitioner.
AUTH: 50-5-103, MCA; IMP: 50-5-103, 50-5-204, MCA
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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