Wisconsin Administrative Code
Department of Corrections
Chapter DOC 314 - Mental health treatment for inmates
Section DOC 314.05 - Involuntary treatment
Universal Citation: WI Admin Code ยง DOC 314.05
Current through August 26, 2024
An inmate may be treated involuntarily with psychotropic medications only under the following circumstances:
(1) While the inmate is in a state treatment facility under an involuntary commitment under ch. 51, Stats., for the treatment of mental illness and the court has found the inmate not competent to refuse psychotropic medication under s. 51.61, Stats.
(2) If the inmate is committed under s. 51.20, Stats., as an outpatient in a correctional institution, the court has found the inmate not competent to refuse psychotropic medication, and the inmate refuses to take the medication voluntarily. All of the following steps shall be followed:
(a) Psychotropic medication shall
be administered by a registered nurse, nurse practitioner, physician assistant,
physician, or a designee.
(b) The
registered nurse, nurse practitioner, physician assistant or physician shall
give the inmate an opportunity to take the medication voluntarily.
(c) When an inmate has been adjudicated under
ch. 54, Stats., to be incompetent to consent to treatment, the department of
corrections shall obtain consent to voluntary treatment from the inmate's
guardian.
(d) When the inmate
refuses, the registered nurse, nurse practitioner, physician assistant or
physician shall counsel the inmate and attempt to persuade the inmate to take
the medication.
(e) If the inmate
continues to refuse and there is a current physician order to involuntarily
administer the psychotropic medication, the registered nurse, nurse
practitioner, or physician assistant shall contact the physician who wrote the
order to assess the situation. The physician shall decide the course of action
to be taken. Possible actions may include all of the following:
1. Take no action for a period of
time.
2. Transfer the inmate to a
special unit within the correctional institution for treatment of mental
illness.
3. Place the inmate in
observation status pursuant to ch. DOC 311.
4. Recommend transfer of the inmate to an
alternate correctional institution pursuant to ch. DOC 302.
5. Recommend transfer of the inmate to a
state treatment facility, pursuant s.
51.20,
Stats.
6. Direct that the
medications be administered.
(f) If directed by the attending physician,
the registered nurse, nurse practitioner, or physician assistant shall instruct
the inmate to take the medication. If the inmate persists in refusing to take
the medication, security staff will restrain the inmate while the registered
nurse, nurse practitioner, physician assistant, or physician administers the
psychotropic medication involuntarily.
Disclaimer: These regulations may not be the most recent version. Wisconsin 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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