California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 2 - Rules and Regulations of Health Care Services › Subchapter 3 - Health Care Operations › Article 5 - Mental Health Care › Section 3999.344 - Involuntary Medication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 medication used in the treatment of mental disease, disorder or defect is
					 administered in an emergency, as that term is defined in section
					 3999.210, such medication shall only be
					 that which is required to treat the emergency condition. If a Psychiatrist
					 determines that further administration of such medication is necessary for a period
					 of longer than 72 hours and the patient does not consent to take the medication
					 voluntarily, the provisions set forth in sections
					 3999.345 and
					 3999.346 shall be followed:
(b) Psychiatric medication shall not normally be
					 involuntarily administered to a patient in his or her housing unit. A patient shall
					 normally be transferred to the hospital, clinic, emergency room, or infirmary room
					 at the institution prior to the administration of the medication. If a Psychiatrist
					 determines that the prior transfer of the patient to such a setting would pose a
					 greater risk to the patient and staff than the risk involved to the patient in
					 receiving the medication in a non-medical setting, the medication may be
					 involuntarily administered in the patient's cell, as follows:
(1) Nursing/Psychiatric Technician (PT) staff
					 shall alert custody staff verbally that an order for involuntary medication is being
					 implemented (either as an involuntary medication order that was ordered on an
					 emergency basis by a Psychiatrist or as a Penal Code section
					 2602 order for
					 involuntary medication that was previously ordered and is now being implemented).
					 Nursing/PT staff shall alert custody staff verbally where the involuntary medication
					 will be administered (either in the patient's cell or in a different location). In
					 the event the patient develops side effects from the medication, Nursing/PT staff
					 shall contact a Psychiatrist or Psychiatric Nurse Practitioner immediately. In the
					 event that the patient develops emergent or life-threatening side effects,
					 Nursing/PT staff shall immediately initiate the emergency response system.
(2) In all cases where it is both feasible and
					 medically desirable, a fast-acting medication shall be utilized to facilitate the
					 patient's rapid transfer to a medical setting.
(3) After being given involuntary psychiatric
					 medication, and if the patient is not already housed in a medical setting such as a
					 Correctional Treatment Center, Acute Psychiatric Program, Intermediate Care
					 Facility, Outpatient Housing Unit, or General Acute Care Hospital, the patient shall
					 be observed at least twice per day by mental health clinicians. If a significant
					 adverse reaction to the medication is apparent, the patient shall be transferred
					 from his or her cell to a licensed medical or mental health setting for the
					 effective duration of the medication. The Psychiatrist shall note his or her
					 observations and decision in writing. The patient shall be transferred to a licensed
					 medical or mental health setting no later than 72 hours after the involuntary
					 medication if the effective duration of the medication administered exceeds that
					 time period.