§ 1439. Psychotropic Medications.

The health administrator/responsible physician, in cooperation with the mental health director and the facility administrator, shall develop and implement written policies and procedures governing the use of voluntary and involuntary psychotropic medications.

(a) These policies and procedures shall include, but not be limited to:

(1) protocols for physicians' written and verbal orders for psychotropic medications in dosages appropriate to the youth's need;

(2) the length of time voluntary and involuntary medications may be ordered and administered before re-evaluation by a physician;

(3) provision that youth who are on psychotropic medications prescribed in the community are continued on their medications pending re-evaluation and further determination by a physician;

(4) provision that the necessity for continuation on psychotropic medications is addressed in pre-release planning and prior to transfer to another facility or program; and,

(5) provision for regular clinical/administrative review of utilization patterns for all psychotropic medications, including every emergency situation.

(b) Psychotropic medications shall not be administered to a youth absent an emergency unless informed consent has been given by the legally authorized person or entity.

(1) Youth shall be informed of the expected benefits, potential side effects and alternatives to psychotropic medications.

(2) Absent an emergency, youth may refuse treatment.

(c) Youth found by a physician to be a danger to themselves or others by reason of a mental disorder may be involuntarily given psychotropic medication immediately necessary for the preservation of life or the prevention of serious bodily harm, and when there is insufficient time to obtain consent from the parent, guardian, or court before the threatened harm would occur. It is not necessary for harm to take place or become unavoidable prior to initiating treatment.

(d) Assessment and diagnosis must support the administration of psychotropic medications. Administration of psychotropic medication is not allowed for coercion, discipline, convenience or retaliation.

HISTORY

1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).

2. Amendment of subsections (b) and (d) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).

3. Amendment of subsection (d) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).

4. Amendment of section and Note filed 12-2-2013; operative 4-1-2014 (Register 2013, No. 49).

Note

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 209, Welfare and Institutions Code.