Sec. 17a-543a. Administration of medication to criminal defendant placed in custody of Commissioner of Mental Health and Addiction Services. Special limited conservator.
Sec. 17a-543a. Administration of medication to criminal defendant placed in
custody of Commissioner of Mental Health and Addiction Services. Special limited
conservator. (a)(1)(A) If it is determined by the head of the hospital and two qualified
physicians that a patient who is a defendant placed in the custody of the Commissioner
of Mental Health and Addiction Services pursuant to section 54-56d is incapable of
giving informed consent to medication for the treatment of the patient's psychiatric
disabilities and such medication is deemed to be necessary for the patient's treatment,
the facility in which the patient is placed may petition the probate court for the district
in which such facility is located for appointment of a special limited conservator with
specific authority to consent to the administration of medication, provided an employee
of such facility shall not be appointed or serve as the special limited conservator. The
provisions of section 45a-649 concerning issuance of a citation and notice, personal
service and representation by, appointment of, and compensation of an attorney shall
apply to any petition filed under this subsection as if such patient were a respondent
under section 45a-649, except that (i) the court shall only be required to issue such
citation and notice to the patient, the patient's attorney and any conservator appointed
for the patient, and (ii) the court, in its discretion, may order notice as it directs to other
persons having an interest in the patient and to such persons the patient requests to be
notified. The Probate Court may appoint a special limited conservator with such specific
authority pursuant to this subparagraph if the court finds by clear and convincing evidence that the patient is incapable of giving informed consent to medication for the
treatment of the patient's psychiatric disabilities and such medication is necessary for
the patient's treatment. The Probate Court may grant the special limited conservator
specific authority to consent to the release of the patient's medical records to such facility
if the court finds by clear and convincing evidence that the patient is unwilling or unable
to release such records and such records are necessary to make decisions concerning
the patient's treatment.
(B) The special limited conservator shall meet with the patient and the physician,
review the patient's written record and consider the risks and benefits from the medication, the likelihood and seriousness of adverse side effects, the preferences of the patient,
the patient's religious views, and the prognosis with and without medication. After
consideration of such information, the special limited conservator shall either consent
to the patient receiving medication for the treatment of the patient's psychiatric disabilities or refuse to consent to the patient receiving such medication.
(2) The authority of a special limited conservator to consent to the administration
of medication under subdivision (1) of this subsection shall be effective for not more
than one hundred twenty days. In the case of continuous hospitalization of the patient
beyond such one hundred twenty days, if the head of the hospital and two qualified
physicians determine that the patient continues to be incapable of giving informed consent to medication for the treatment of the patient's psychiatric disabilities and such
medication is deemed to be necessary for the patient's treatment, the authority of the
special limited conservator to consent to the administration of medication may be extended for a period not to exceed one hundred twenty days by order of the Probate Court
without a hearing upon application by the head of the hospital. Prompt notice of the
order shall be given to the patient, special limited conservator and facility.
(3) The reasonable compensation of a special limited conservator appointed under
this subsection shall be established by the Probate Court Administrator and paid from
the Probate Court Administration Fund.
(b) (1) If it is determined by the head of the hospital and two qualified physicians
that (A) a patient who is a defendant placed in the custody of the Commissioner of
Mental Health and Addiction Services pursuant to section 54-56d is capable of giving
informed consent but refuses to consent to medication for treatment of the patient's
psychiatric disabilities, (B) there is no less intrusive beneficial treatment, and (C) without
medication, the psychiatric disabilities with which the patient has been diagnosed will
continue unabated and place the patient or others in direct threat of harm, the facility
in which the patient is placed may petition the probate court for the district in which
such facility is located to authorize the administration to the patient of medication for
the treatment of the patient's psychiatric disabilities, despite the refusal of the patient
to consent to such medication. The provisions of section 45a-649 concerning issuance
of a citation and notice, personal service and representation by, appointment of, and
compensation of an attorney shall apply to any petition filed under this subsection as if
such patient were a respondent under section 45a-649, except that (i) the court shall
only be required to issue such citation and notice to the patient, the patient's attorney
and any conservator appointed for the patient, and (ii) the court, in its discretion, may
order notice as it directs to other persons having an interest in the patient and to such
persons the patient requests to be notified. The Probate Court may authorize the administration of medication to the patient if the court finds by clear and convincing evidence
that (I) the patient is capable of giving informed consent but refuses to consent to medication for treatment of the patient's psychiatric disabilities, (II) there is no less intrusive
beneficial treatment, and (III) without medication, the psychiatric disabilities with which
the patient has been diagnosed will continue unabated and place the patient or others
in direct threat of harm.
(2) An order authorizing the administration of medication under subdivision (1) of
this subsection shall be effective for not more than one hundred twenty days. In the case
of continuous hospitalization of the patient beyond such one hundred twenty days, if
the head of the hospital and two qualified physicians determine that (A) the patient
continues to be capable of giving informed consent but refuses to consent to medication
for treatment of the patient's psychiatric disabilities, (B) there is no less intrusive beneficial treatment, and (C) without medication, the psychiatric disabilities with which the
patient has been diagnosed will continue unabated and place the patient or others in
direct threat of harm, the order may be extended for a period not to exceed one hundred
twenty days by order of the Probate Court without a hearing. Prompt notice of the order
shall be given to the patient and facility.
(c) Unless there is a serious risk of harm to the patient or others, based upon the
patient's past history or current condition, nothing in this section authorizes any form
of involuntary medical, psychological or psychiatric treatment of any patient who in
the sincere practice of his or her religious beliefs is being treated by prayer alone in
accordance with the principles and practices of a church or religious denomination by
a duly accredited practitioner or ordained minister, priest or rabbi thereof.
(d) Nothing in this section shall be construed to limit the application of sections
45a-644 to 45a-663, inclusive, except as specifically provided in this section.
(P.A. 04-160, S. 3; P.A. 07-117, S. 2.)
History: P.A. 07-117 inserted Subpara. (A) and (B) designators in Subsec. (a)(1), inserted in Subsecs. (a)(1)(A) and
(b)(1) provisions re notice pursuant to Sec. 45a-649, with enumerated exceptions, and findings by clear and convincing
evidence, and made technical changes throughout.