§ 5332 - W&I Code
Involuntary Treatment of Antipsychotic Medications
WELFARE AND INSTITUTIONS CODE
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§ 5332. Administration of antipsychotic
medication to persons subject to detention; consideration of
treatment alternatives; internal procedures at hospitals;
acquisition of person’s medication history; emergency procedures
(a) Antipsychotic
medication, as defined in subdivision (l) of Section 5008, may be
administered to any person subject to detention pursuant to Section
5150, 5250, 5260, or 5270.15, if that person does not refuse that
medication following disclosure of the right to refuse medication as
well as information required to be given to persons
pursuant to subdivision (c) of Section 5152 and subdivision (b) of Section 5213.
pursuant to subdivision (c) of Section 5152 and subdivision (b) of Section 5213.
(b) If
any person subject to detention pursuant to Section 5150, 5250,
5260, or 5270.15, and for whom antipsychotic medication has been
prescribed, orally refuses or gives other indication of refusal of
treatment with that medication, the medication shall be administered
only when treatment staff have considered and determined that
treatment alternatives to involuntary medication are unlikely to
meet the needs of the patient, and upon a determination of that
person’s incapacity to refuse the treatment, in a hearing held for
that purpose.
(c) Each
hospital in conjunction with the hospital medical staff or any other
treatment facility in conjunction with its clinical staff shall
develop internal procedures for facilitating the filing of petitions
for capacity hearings and other activities required pursuant to this
chapter.
(d) When any
person is subject to detention pursuant to Section 5150, 5250, 5260,
or 5270.15, the agency or facility providing the treatment shall
acquire the person’s medication history, if possible.
(e) In the
case of an emergency, as defined in subdivision (m) of Section 5008,
a person detained pursuant to Section 5150, 5250, 5260, or 5270.15
may be treated with antipsychotic medication over his or her
objection prior to a capacity hearing, but only with antipsychotic
medication that is required to treat the emergency condition, which
shall be provided in the manner least restrictive to the personal
liberty of the patient. It is not necessary for harm to take place
or become unavoidable prior to intervention.

