N.J. Admin. Code § 10A:16-11.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:16-11.1 - Authority

(a) Pursuant to Washington, et al. v. Harper, 494 U.S. 210, 110 S. Ct. 1028 (1990), clinically indicated psychotropic medications which have been prescribed for the inmate by a psychiatrist as part of an individualized treatment plan may be administered by the responsible health care provider to any seriously mentally ill inmate against the will of the inmate and consistent with the medical interests of the inmate.

(b) Administration of clinically indicated involuntary psychotropic medications is in an inmate's medical interest where one or more of the following concerns exists:

1. There is substantial likelihood of serious physical harm to the inmate or to others;

2. There is a substantial likelihood of significant property damage;

3. The inmate is unable to care for himself or herself so that the inmate's health or safety is endangered; and/or

4. The inmate is incapable of participating in any treatment plan which would offer the inmate a realistic opportunity to improve his or her condition.

(c) Prior to the administration of clinically indicated involuntary psychotropic medications to an inmate, the responsible health authority or designee shall consult with the correctional facility Administrator or designee. The Administrator or designee shall immediately notify the custody staff supervisor of the intended administration of involuntary psychotropic medications to an inmate.

(d) When the custody staff supervisor reasonably believes the use of force is necessary in order to ensure that the responsible health care provider can administer the clinically indicated involuntary psychotropic medications, the use of force shall be authorized and the custody staff shall use only that force that is objectively reasonable in accordance with 10A:3-3.2.

N.J. Admin. Code § 10A:16-11.1

Amended by R.2007 d.217, effective 7/16/2007.
See: 39 N.J.R. 749(a), 39 N.J.R. 2650(a).
In (a), inserted "by the responsible health care provider"; and added (c) and (d).