Okla. Stat. tit. 43A, § 5-204
Treatment and Medication During Pre-Screening Detention - Liability - Seclusion or Restraint
Effective Nov 1, 1997Laws 1980, SB 633, c. 324, § 9, emerg. eff. June 17, 1980; Amended by Laws 1985, c. 235, § 2, eff. November 1, 1985; Amended by Laws 1986, HB 1906, c. 59, § 1, eff. November 1, 1986; Renumbered from 43A O.S. § 54.8 by Laws 1986, HB 2021, c. 103, § 103, eff. November 1, 1986; Amended by Laws 1988, HB 2001, c. 260, § 3, eff. November 1, 1988; Amended by Laws 1990, SB 727, c. 245, § 3, emerg. eff. May 21, 1990; Amended by Laws 1997, HB 1302, c. 195, § 2, eff. November 1, 1997 (superseded document available).
- A. During the detention periods authorized by the Mental Health and Substance Abuse Services Law, Section 43A-1-101 et seq. of this title, or during the time set forth in the Mental Health and Substance Abuse Services Law for the precommitment screening examination, or while in the custody of the Department of Corrections appropriate treatment and medication, including psychotropic medication, may be administered to a consenting individual.
- B. Treatment and medication may be administered to a nonconsenting individual upon the written order of a physician who has personally examined the patient and who finds such medication or treatment is necessary to protect the patient, the facility or others from serious bodily harm, and who so notes in the individual's medication record, with an explanation of the facts leading up to the decision to administer treatment and medication including psychotropic medication.
- C. Any physician who orders medication in good faith and any employee of the facility who administers medication in good faith pursuant to the written order of a physician, under the provision of this section, shall be immune from civil suits for damages that occur from such administration of medication.
- D. Seclusion or restraint may be administered to a nonconsenting individual upon the written order of a physician who has personally examined the patient and who finds that seclusion or restraint is necessary to protect the patient, the facility, or other persons. The physician shall note in the chart of the patient an explanation of the decision to administer seclusion or retraint, including administration of psychotropic medication. This shall not prohibit emergency seclusion or restraint pending notification of a physician.
- E. If the individual is under the influence of psychotropic medication during any court hearing held pursuant to Section 43A-5-401 of this title, the court, and the jury, if any, shall be advised by the district attorney at the beginning of such hearing that such individual is under the influence of psychotropic medication, the purpose of the medication, and the effect which such medication may have on the individual's actions, demeanor and participation at the hearing.
- F. If an inmate in the custody of the Department of Corrections has been properly assigned and committed to the Special Care Unit at the State Penitentiary the provisions of this section shall apply.
Laws 1980, SB 633, c. 324, § 9, emerg. eff. June 17, 1980; Amended by Laws 1985, c. 235, § 2, eff. November 1, 1985; Amended by Laws 1986, HB 1906, c. 59, § 1, eff. November 1, 1986; Renumbered from 43A O.S. § 54.8 by Laws 1986, HB 2021, c. 103, § 103, eff. November 1, 1986; Amended by Laws 1988, HB 2001, c. 260, § 3, eff. November 1, 1988; Amended by Laws 1990, SB 727, c. 245, § 3, emerg. eff. May 21, 1990; Amended by Laws 1997, HB 1302, c. 195, § 2, eff. November 1, 1997 (superseded document available).