North Dakota Code 25-03.1-18.1 – Court-authorized involuntary treatment with prescribed medication
1. a. Upon notice and hearing, a tier 1b mental health professional may request authorization from the court to treat an individual under a mental health treatment order with prescribed medication. The request may be considered by the court in an involuntary treatment hearing. As a part of the request, a psychiatrist or a final year psychiatric resident physician not involved in the current diagnosis or treatment of the patient shall certify:
Terms Used In North Dakota Code 25-03.1-18.1
- 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.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- year: means twelve consecutive months. See North Dakota Code 1-01-33
(1) That the proposed prescribed medication is clinically appropriate and necessary to effectively treat the patient and that the patient is a person requiring treatment; (2) That the patient was offered that treatment and refused it or that the patient lacks the capacity to make or communicate a responsible decision about that treatment; (3) That prescribed medication is the least restrictive form of intervention necessary to meet the treatment needs of the patient; and
(4) That the benefits of the treatment outweigh the known risks to the patient.
b. The court shall inquire whether the patient has had a sufficient opportunity to adequately prepare to meet the issue of involuntary treatment with prescribed medication and, at the request of the patient, the court may continue the involuntary treatment hearing for a period not exceeding seven days or may appoint an independent expert examiner as provided in subsection 4.
2. a. Evidence of the factors certified under subsection 1 may be presented to the court at an involuntary treatment hearing held pursuant to sections 25-03.1-19 and 25-03.1-22, or at a separate hearing after motion and notice. The court in ruling on the requested authorization for involuntary treatment with prescribed medication shall consider all relevant evidence presented at the hearing, including:
(1) The danger the patient presents to self or others; (2) The patient’s current condition; (3) The patient’s treatment history; (4) The results of previous medication trials; (5) The efficacy of current or past treatment modalities concerning the patient; (6) The patient’s prognosis; and
(7) The effect of the patient’s mental condition on the patient’s capacity to consent.
b. Involuntary treatment with prescribed medication may not be authorized by the court solely for the convenience of facility staff or for the purpose of punishment.
3. If the factors certified under subsection 1 have been demonstrated by clear and convincing evidence, the court may include in its involuntary treatment order a provision, or it may issue a separate order after notice and hearing, authorizing the tier 1b mental health professional to involuntarily treat the patient with prescribed medication on such terms and conditions as are appropriate. The order for involuntary treatment with prescribed medication, however, may not be in effect for more than ninety days.
4. If a patient has requested an examination by an independent expert examiner under this chapter, and if the tier 1b mental health professional has requested authorization for involuntary treatment with prescribed medication, only a psychiatrist or final year psychiatric resident physician may independently examine the patient as to the issue of involuntary treatment with prescribed medication.