59-2976. Administration of medications and other treatments.
59-2976
59-2976. Administration of medications and othertreatments.(a) Medications and other treatments shall beprescribed, ordered and administered only in conformity withaccepted clinical practice. Medication shall be administered onlyupon the written order of a physician or upon a verbal ordernoted in the patient's medical records and subsequently signed bythe physician. The attending physician shall review regularly thedrug regimen of each patient under the physician's care and shallmonitor any symptoms of harmful side effects. Prescriptions forpsychotropic medications shall be written with a termination datenot exceeding 30 days thereafter but may be renewed.
(b) During the course of treatment the responsiblephysician or psychologist or such person's designee shallreasonably consult with the patient, the patient's legalguardian, or a minor patient's parent and give consideration tothe views the patient, legal guardian or parent expressesconcerning treatment and any alternatives.No medication or other treatment may be administered to any voluntary patientwithout the patient's consent, or the consent of such patient's legal guardianor of such patient's parent if the patient is a minor.
(c) Consent for medical or surgical treatments not intendedprimarily to treat a patient's mental disorder shall be obtainedin accordance with applicable law.
(d) Whenever any patient is receiving treatment pursuant toK.S.A. 59-2954, 59-2958, 59-2959, 59-2964, 59-2966 or 59-2967 andamendments thereto, and thetreatment facility is administering to the patient any medicationor other treatment which alters the patient's mental state insuch a way as to adversely affect the patient's judgment orhamper the patient in preparing for or participating in anyhearing provided for by this act, then two days prior to and duringany such hearing, the treatment facility may not administer suchmedication or other treatment unless such medication or othertreatment is necessary to sustain the patient's life or toprotect the patient or others. Prior to the hearing, a report ofall such medications or other treatment which have beenadministered to the patient, along with a copy of any writtenconsent(s) which the patient may have signed, shall be submittedto the court. Counsel for the patient may preliminarily examinethe attending physician regarding the administration of anymedication to the patient within two days of the hearing withregard to the affect that medication may have had upon thepatient's judgment or ability to prepare for or participate inthe hearing. On the basis thereof, if the court determines thatmedication or other treatment has been administered whichadversely affects the patient's judgment or ability to preparefor or participate in the hearing, the court may grant to thepatient a reasonable continuance in order to allow for thepatient to be better able to prepare for or participate in thehearing and the court shall order that such medication or othertreatment be discontinued until the conclusion of the hearing,unless the court finds that such medication or other treatment isnecessary to sustain the patient's life or to protect the patientor others, in which case the court shall order that the hearingproceed.
(e) Whenever a patient receiving treatment pursuant toK.S.A. 59-2954, 59-2958, 59-2959, 59-2964, 59-2966 or 59-2967 andamendments thereto, objects to taking any medication prescribedfor psychiatric treatment, and after full explanation of thebenefits and risks of such medication continues their objection,the medication may be administered over the patient's objection;except that the objection shall be recorded in thepatient's medical record and at the same time written noticethereof shall be forwarded to the medical director of thetreatment facility or the director's designee. Within five daysafter receiving such notice, excluding Saturdays, Sundays andlegal holidays, the medical director or designee shall deliver tothe patient and the patient's physician the medical director's ordesignee's written decision concerning the administration of thatmedication, and a copy of that decision shall be placed in thepatient's medical record.
(f) In no case shall experimental medication beadministered without the patient's consent, which consent shallbe obtained in accordance with subsection (a)(6) of K.S.A. 59-2978and amendments thereto.
History: L. 1996, ch. 167, § 32; Apr. 18.