California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 1 - Board of State and Community Corrections › Chapter 1 - Board of State and Community Corrections › Subchapter 4 - Minimum Standards for Local Detention Facilities › Article 11 - Medical/Mental Health Services › Section 1217 - Psychotropic Medications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The responsible physician, in cooperation with the
						facility administrator, shall develop written policies and procedures governing
						the use of psychotropic medications. An incarcerated person found by a
						physician to be a danger to themself or others by reason of mental disorders
						may be involuntarily given psychotropic medication appropriate to the illness
						on an emergency basis. Psychotropic medication is any medication prescribed for
						the treatment of symptoms of psychoses and other mental and emotional
						disorders. An emergency is a situation in which action to impose treatment over
						the incarcerated person's objection is immediately necessary for the
						preservation of life or the prevention of serious bodily harm to the
						incarcerated person or others, and it is impracticable to first gain consent.
						It is not necessary for harm to take place prior to treatment.
If psychotropic medication is administered during an
						emergency, such medication shall be only that which is required to treat the
						emergency condition. The medication shall be prescribed by a physician
						following a clinical evaluation. The responsible physician shall develop a
						protocol for the supervision and monitoring of incarcerated persons
						involuntarily receiving psychotropic medication.
Psychotropic medication shall not be administered to an
						incarcerated person absent an emergency unless the person has given informed
						consent in accordance with Welfare and Institutions Code Section
						5326.2,
						or has been found to lack the capacity to give informed consent consistent with
						the county's hearing procedures under the Lanterman-Petris-Short Act for
						handling capacity determinations and subsequent reviews.
There shall be a policy which limits the length of time
						both voluntary and involuntary psychotropic medications may be administered and
						a plan of monitoring and re-evaluating all incarcerated people receiving
						psychotropic medications, including a review of all emergency
						situations.
The administration of psychotropic medication is not
						allowed for disciplinary reasons.
1.
						Editorial correction of Note filed 9-30-82 (Register 82, No. 40).
2.
						Change without regulatory effect (Register 86, No. 32).
3. Amendment
						filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment
						filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
5. Amendment
						of second paragraph filed 4-20-2009; operative 5-20-2009 (Register 2009, No.
						17).
6. Amendment of second paragraph and Note filed 8-20-2012;
						operative 9-19-2012 (Register 2012, No. 34).
7. Amendment of first
						paragraph filed 1-26-2017; operative 4-1-2017 (Register 2017, No.
						4).
8. Amendment filed 11-17-2022; operative 1-1-2023 (Register
						2022, No. 46).
Note: Authority cited: Sections
						  6024 and
						  6030, Penal
						  Code. Reference: Section
						  6030, Penal
						  Code.