SB 967 — AN ACT CONCERNING THE RECOMMENDATIONS OF THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES REGARDING EMERGENCY MEDICATION.

General Assembly RaisedSubstitute Bill No.

967 January Session, 2019 LCOAN No.ACT CONCERNING THE RECOMMENDATIONS OF THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES REGARDING EMERGENCY MEDICATION.

4889 Referred to Committee on PUBLIC HEALTH Introduced by:

(PH) AN ACT CONCERNING THE RECOMMENDATIONS OF THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES REGARDING EMERGENCY MEDICATION.

The provisions of section 45a-649 concerning issuance of a citation and notice, personal service and representation by, appointment of, and compensation of an attorney shall apply to any petition filed under this subsection as if such patient were a respondent under section 45a-649, except that (i) the court shall only be LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00967-R01 of 5 SB.docx Substitute Bill No.

4889967 1 of 5 Raised Bill No.967 citation and notice, personal service and representation by, appointment of, and compensation of an attorney shall apply to any petition filed under this subsection as if such patient were a respondent under section 45a-649, except that (i) the court shall only be required to issue such citation and notice to the patient, the patient's attorney and any conservator appointed for the patient, and (ii) the court, in its discretion, may order notice as it directs to other persons having an interest in the patient and to such persons the patient requests to be notified.

In the case of continuous hospitalization of the patient beyond such one hundred twenty days, if the head of the hospital and two qualified physicians determine that the patient continues to be incapable of giving informed consent to medication for the treatment of the patient's psychiatric disabilities and such medication is deemed to be necessary for the patient's treatment, the authority of the special LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-009672 of 5 R02-SB.docx } Substitute Bill No.

4889967 2 of 5 Raised Bill No.967 giving informed consent to medication for the treatment of the patient's psychiatric disabilities and such medication is deemed to be necessary for the patient's treatment, the authority of the special limited conservator to consent to the administration of medication may be extended for a period not to exceed one hundred twenty days by order of the Probate Court without a hearing upon application by the head of the hospital.

The provisions of section 45a-649 concerning issuance of a citation and notice, personal service and representation by, appointment of, and compensation of an attorney shall apply to any petition filed under this subsection as if such patient were a respondent under section 45a-649, except that (i) the court shall only be required to issue such citation and notice to the patient, the patient's attorney and any conservator appointed for the patient, and (ii) the court, in its discretion, may order notice as it directs to other persons having an interest in the patient and to such persons the patient LCOrequests No.to be notified.

4889The 3Probate ofCourt 5may Raisedauthorize Billthe No.967administration requestsof medication to bethe notified.patient if the court finds by clear LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00963 of 5 R02-SB.docx } Substitute Bill No.

The967 Probate Court may authorize the administration of medication to the patient if the court finds by clear and convincing evidence that (I) the patient is capable of giving informed consent but refuses to consent to medication for treatment of the patient's psychiatric disabilities, (II) there is no less intrusive beneficial treatment, and (III) without medication, the psychiatric disabilities with which the patient has been diagnosed will continue unabated and place the patient or others in direct threat of harm.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, if obtaining consent under this section would cause a medically harmful delay to a patient whose condition is of an extremely critical nature, as determined by the personal observation of a physician or the senior clinician on duty in the facility in which the patient is placed, the physician or senior clinician may administerorder medication for treatment of the patient's psychiatric disabilities without consent.

[(c)] (d) Unless there is a serious risk of harm to the patient or others, based upon the patient's past history or current condition, nothing in this section authorizes any form of involuntary medical, psychological or psychiatric treatment of any patient who in the sincere practice of his or her religious beliefs is being treated by prayer LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00964 of 5 R02-SB.docx } Substitute Bill No.

4889967 4alone in accordance with the principles and practices of 5a Raisedchurch Billor No.religious denomination by a duly accredited practitioner or ordained minister, priest or rabbi thereof.

967 psychological or psychiatric treatment of any patient who in the sincere practice of his or her religious beliefs is being treated by prayer alone in accordance with the principles and practices of a church or religious denomination by a duly accredited practitioner or ordained minister, priest or rabbi thereof.

Section 1 from passage 17a-543a StatementPH ofJoint Purpose:Favorable Subst.

ToJUD allowJoint aFavorable hospitalLCO to{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00967- administer5 emergency medication to a patient who is a defendant placed in the custody of the5 CommissionerR02-SB.docx of} Mental Health and Addiction Services without consent if obtaining consent would cause a medically harmful delay.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

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