53.06.030 Medication Pending Treatment Order

(a) Respondent has the right to refuse medication and other forms of treatment before the Treatment Hearing. However, a physician, a physician assistant, or an advanced practice registered nurse may prescribe medication or a less restrictive alternative if it is necessary to prevent bodily harm to the Respondent or others or to prevent imminent deterioration of the Respondent's physical or mental condition. The patient has the right to be free of the effects of medication at the Preliminary Treatment, or Status Review Hearing by discontinuance of medication no later than twenty-four hours prior, except as provided in Section 53.06.040(b) below.

(b) The Respondent may be required to remain on medication if the Respondent's treating physician submits a written statement to the court that, in his or her professional medical opinion, medication is necessary for either the continued well-being of the Respondent or others, or discontinuation would hamper the Respondent's preparation for and participation in the proceedings and provides supporting medical and/or other documentation at least forty-eight (48) hours prior to the hearing. The Court has discretion to either accept or reject the treating physician's statement. If the Court rejects the treating physician's statement, the Respondent must be free of the effects of medication by discontinuance of medication no later than twenty-four hours prior to the Treatment or Preliminary hearing.