North Dakota Code 30.1-28-16 – Court-authorized involuntary treatment with prescribed medication
1. A guardian, upon notice and hearing, may request authorization from the court to consent to a ward to be treated with prescribed mood stabilizer or antipsychotic medication. The petition may be considered by the court in the initial procedure for court appointment of a guardian or at a separate involuntary treatment hearing pursuant to section 30.1-28-17. Upon filing a petition, the court shall set a hearing date on the issues and appoint an attorney guardian ad litem for the ward.
Terms Used In North Dakota Code 30.1-28-16
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
2. The guardian, as part of the petition, shall provide a report from the treatment expert examiner, treating physician, physician assistant, clinical nurse specialist, or advanced practice registered nurse which must certify:
a. The ward is a person requiring treatment; b. The proposed prescribed mood stabilizer or antipsychotic medication is clinically appropriate and necessary to effectively treat the ward; c. The ward was offered the treatment and refused; d. The prescribed mood stabilizer or antipsychotic medication is the least restrictive form of intervention necessary to meet the treatment needs of the ward; and
e. The benefits of the treatment outweigh the known risks to the ward.
3. Evidence of the factors certified under subsection 2 may be presented to the court within the petition, during the initial hearing for court appointment of a guardian under section 30.1-28-03, or at a separate involuntary treatment hearing under section 30.1-28-17. Involuntary treatment with prescribed mood stabilizer or antipsychotic medication may not be authorized by the court solely for the convenience of the facility staff or for the purpose of punishment. The court in ruling on the requested authorization to consent to involuntary treatment with prescribed mood stabilizer or antipsychotic medication shall consider all relevant evidence presented at the hearing including:
a. The danger the ward presents to self or others; b. The ward’s current conditions; c. The ward’s treatment history; d. The results of previous medication trials; e. The efficacy of current or past treatment modalities concerning the ward; f. The ward’s prognosis; and
g. The effect of the ward’s mental condition on the ward’s capacity to consent.
4. If the factors certified under subsection 2 have been demonstrated by clear and convincing evidence, the court may include a finding in its findings on the petition, or issue a separate order after notice and hearing, authorizing the guardian to provide consent to the treating medical professional to involuntarily treat the ward with prescribed mood stabilizer or antipsychotic medication. The order to consent to involuntary treatment with prescribed mood stabilizer or antipsychotic medication may not be in effect for more than ninety days, unless specifically authorized by the court.