Cal. Code Regs. tit. 15 § 1217

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 1217 - Psychotropic Medications

The responsible physician, in cooperation with the facility administrator, shall develop written policies and procedures governing the use of psychotropic medications. An incarcerated person found by a physician to be a danger to themself or others by reason of mental disorders may be involuntarily given psychotropic medication appropriate to the illness on an emergency basis. Psychotropic medication is any medication prescribed for the treatment of symptoms of psychoses and other mental and emotional disorders. An emergency is a situation in which action to impose treatment over the incarcerated person's objection is immediately necessary for the preservation of life or the prevention of serious bodily harm to the incarcerated person or others, and it is impracticable to first gain consent. It is not necessary for harm to take place prior to treatment.

If psychotropic medication is administered during an emergency, such medication shall be only that which is required to treat the emergency condition. The medication shall be prescribed by a physician following a clinical evaluation. The responsible physician shall develop a protocol for the supervision and monitoring of incarcerated persons involuntarily receiving psychotropic medication.

Psychotropic medication shall not be administered to an incarcerated person absent an emergency unless the person has given informed consent in accordance with Welfare and Institutions Code Section 5326.2, or has been found to lack the capacity to give informed consent consistent with the county's hearing procedures under the Lanterman-Petris-Short Act for handling capacity determinations and subsequent reviews.

There shall be a policy which limits the length of time both voluntary and involuntary psychotropic medications may be administered and a plan of monitoring and re-evaluating all incarcerated people receiving psychotropic medications, including a review of all emergency situations.

The administration of psychotropic medication is not allowed for disciplinary reasons.

Cal. Code Regs. Tit. 15, § 1217

1. Editorial correction of Note filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
5. Amendment of second paragraph filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
6. Amendment of second paragraph and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
7. Amendment of first paragraph filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).
8. Amendment filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46).

Note: Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.

1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
5. Amendment of second paragraph filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
6. Amendment of second paragraph and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
7. Amendment of first paragraph filed 1-26-2017; operative 4/1/2017 (Register 2017, No. 4).
8. Amendment filed 11-17-2022; operative 1/1/2023 (Register 2022, No. 46).