62A-5-318 - Involuntary treatment with medication -- Committee -- Findings.
62A-5-318. Involuntary treatment with medication -- Committee -- Findings.
(1) If, after commitment, a resident elects to refuse treatment with medication, thedirector, the administrator of the facility for persons with mental retardation, or a designee, shallsubmit documentation regarding the resident's proposed treatment to a committee composed of:
(a) a licensed physician experienced in treating persons with mental retardation andrelated disabilities, who is not directly involved in the resident's treatment or diagnosis, and whois not biased toward any one facility;
(b) a psychologist who is a designated mental retardation professional who is not directlyinvolved in the resident's treatment or diagnosis; and
(c) another designated mental retardation professional of the facility for persons withmental retardation, or a designee.
(2) Based upon the court's finding, under Subsection 62A-5-312(13), that the residentlacks the ability to engage in a rational decision-making process regarding the need forhabilitation, rehabilitation, care, or treatment, as demonstrated by evidence of inability to weighthe possible costs and benefits of treatment, the committee may authorize involuntary treatmentwith medication if it determines that:
(a) the proposed treatment is in the medical best interest of the resident, taking intoaccount the possible side effects as well as the potential benefits of the medication; and
(b) the proposed treatment is in accordance with prevailing standards of accepted medicalpractice.
(3) In making the determination described in Subsection (2), the committee shall considerthe resident's general history and present condition, the specific need for medication and itspossible side effects, and any previous reaction to the same or comparable medication.
(4) Any authorization of involuntary treatment under this section shall be periodicallyreviewed in accordance with rules promulgated by the division.
Enacted by Chapter 132, 1993 General Session