eLaws | eCases | Oklahoma Administrative Code | Oklahoma Courts | Counties & Cities of Oklahoma | United States Code |
 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 43A. MENTAL HEALTH

  § 43A-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.  

Latest version.

  • 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 5-401 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 the Special Care Unit at the State Penitentiary the provisions of this section shall apply.

Added by Laws 1980, c. 324, § 9, emerg. eff. June 17, 1980.  Amended by Laws 1985, c. 235, § 2, eff. Nov. 1, 1985; Laws 1986, c. 59, § 1, eff. Nov. 1, 1986.  Renumbered from § 54.8 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.  Amended by 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.

Note

NOTE:  Laws 1986, c. 103, § 68 repealed by Laws 1988, c. 260, § 18, eff. Nov. 1, 1988.