SB 646

Under current law, certain individuals who have been involuntarily committed for treatment have the right to exercise informed consent and refuse medications and treatments unless a situation exists in which medication or treatment is necessary to prevent serious physical harm to the individual or others or unless a court determines that the individual is not competent to refuse medication or treatment. A court makes this determination at a hearing if an interested person files a motion. Currently, the motion must be accompanied by a report that contains a signed statement by a physician that the individual needs medication or treatment and is not competent to refuse medication or treatment based on a physician’s examination. Under the bill, an advanced practice registered nurse who has expertise in psychiatric care may also perform the examination to determine whether or not the individual is competent to refuse medication or treatment.