TIME FRAMES

The hearing to determine the patient’s capacity to give or withhold informed •

consent as described in AS 47.30.837 and the patient’s capacity to give or withhold informed consent at the time of previously expressed wishes regarding medication if previously expressed wishes are documented must be scheduled to occur within 72 hours of fi ling of petition for non-consensual medication (not respondent’s commitment). AS 47.30.839(e).

The hearing on

• medication petition must be continued so that the statutory

protections including a comprehensive visitor’s report are not completed. Wetherhorn, 156 P.3d at 381.

If respondent is refusing antipsychotic medication recommended by the hospital a •

Petition for Court Approval To Administer Non-Emergency Psychotropic Medication is usually fi led at same time as a new petition for further commitment.

EVIDENCE

The court shall consider all evidence presented at the hearing, including evidence •

presented by the guardian ad litem, the petitioner, the visitor, and the patient. The patient’s attorney may cross-examine any witness, including the guardian ad litem and the visitor. AS 47.30. 839(e).

The reports prepared for a previous hearing on a petition for non-emergency •

non consensual administration of medication are admissible in the new hearing provided that they are updated by the visitor and any guardian ad litem. AS 47.30.838(h).

Expert Witness - Evidence Rules 702(a) and 703. •

Burden of Proof

If

• the court fi nds by clear and convincing evidence that (1) the patient is presently not competent to give or withhold informed consent and (2) the patient did not previously express any competent wish not to be medicated in the future, then the court may authorize non-consensual treatment with psychotropic medications so long as the treatment is in the patient’s best interest. AS 47.30.839(g), Myers, 138 P.3d a1.253.

The court must fi nd by clear and convincing evidence

• that the proposed

course of treatment is in respondent’s best interest.

The court must consider the factors in AS 47.30.837(d)(2): o

an explanation of the patient’s diagnosis and prognosis with and without the medication;

information about the medication, including purpose, administration, possible side effects and benefi ts, ways to prevent side effects and other risks, including tardive dyskinesia;

the patient’s history, including medication and side effect history any interaction of the medication with other drugs, including OTC and street drugs and alcohol;

alternative treatments with risks, side effects, and benefi ts, including the risks of non-treatment.

There must be

o clear and convincing evidence that no less intrusive

treatment alternative is available and that the recommended course of treatment meets the standard of medical care in the state. Myers, 138 P.3d at 250-253.

FINDINGS

A petition for court approval of administration of psychotropic medication was •

fi led on , 20__.

Respondent was committed on

• , 20__ for a period of time not to exceed

days.

A hearing was held on

• , 20__, to inquire into respondent’s capacity to

give and withhold informed consent to the use of psychotropic medication.

Having considered the allegations of the petition, the evidence presented and the •

arguments of counsel, the court fi nds:

The respondent has the capacity to give informed consent concerning administration of psychotropic medication for purposes of AS 47.30.386 as respondent is not found by clear and convincing evidence to be incompetent to make mental health and/or medical decisions. Petition is denied.

or

By clear and convincing evidence that the respondent is not competent to provide informed consent concerning administration of psychotropic medication and has not expressed a desire not to consent to such medication when competent.

and

The proposed medication plan

Is in the best interest of the respondent.

Meets the standard of medical care in the state.

There is no less intrusive means of protecting the respondent at this time.

The treating facility’s proposed use of psychotropic medication is approved for the respondent’s present commitment.

The facts which support the above conclusion are:

See Appendix - 7 Ability to Give and Withhold Informed Consent Appendix - 8 Best Interest

16. Hearing on Involuntary

Administration of Medication

ORDER

The court having determined that the patient is competent to provide informed •

consent, and the patient having not done so, it is ordered that the treating facility shall honor respondent’s decision about administration of psychotropic medication.

or

The court having found that the patient is not competent to provide informed •

consent and has not expressed a competent desire not to be treated as requested, and that it is in the patient’s best interest to receive the treatment, it is ordered that the treating facility’s proposed use of psychotropic medication to treat the respondent is approved for the period of the respondent’s current commitment. FUTURE HEARINGS ON MEDICATION

If an evaluation facility or designated treatment facility wishes to continue the use of psychotropic medication without the patient’s consent during a period of commitment that occurs after the period in which the court’s approval was obtained, the facility must fi le a request to continue the medication when it fi les the petition to continue the patient’s commitment. The court that determines whether commitment shall continue shall also determine whether the patient continues to lack the capacity to give or withhold informed consent by following the procedures described in AS 47.30.839(b)-(e). The reports prepared for a previous hearing are admissible in the hearing to continue the non- consensual treatment provided that they are updated by the visitor and any guardian ad litem. AS 47.30.839(h).