Wash. Rev. Code § 71.05.215

Current through 2024

Section 71.05.215 - [Effective 1/1/2025] Right to refuse antipsychotic medicine-Rules

(1) A person found to be gravely disabled or to present a likelihood of serious harm as a result of a behavioral health disorder has a right to refuse antipsychotic medication unless it is determined that the failure to medicate may result in a likelihood of serious harm or substantial deterioration or substantially prolong the length of involuntary commitment and there is no less intrusive course of treatment than medication in the best interest of that person.

(2) The authority shall adopt rules to carry out the purposes of this chapter. These rules shall include:

(a) An attempt to obtain the informed consent of the person prior to administration of antipsychotic medication.

(b) For short-term treatment up to thirty days, the right to refuse antipsychotic medications unless there is an additional concurring medical opinion approving medication by a psychiatrist, physician assistant working with a psychiatrist who is acting as a participating physician as defined in RCW 18.71A.010, psychiatric *advanced registered nurse practitioner, or physician or physician assistant in consultation with a mental health professional with prescriptive authority.

(c) For continued treatment beyond thirty days through the hearing on any petition filed under RCW 71.05.217, the right to periodic review of the decision to medicate by the medical director or designee.

(d) Administration of antipsychotic medication in an emergency and review of this decision within twenty-four hours. An emergency exists if the person presents an imminent likelihood of serious harm, and medically acceptable alternatives to administration of antipsychotic medications are not available or are unlikely to be successful; and in the opinion of the physician, physician assistant, or psychiatric *advanced registered nurse practitioner, the person's condition constitutes an emergency requiring the treatment be instituted prior to obtaining a second medical opinion.

(e) Documentation in the medical record of the attempt by the physician, physician assistant, or psychiatric *advanced registered nurse practitioner to obtain informed consent and the reasons why antipsychotic medication is being administered over the person's objection or lack of consent.

RCW 71.05.215

Amended by 2024 c 62,§ 20, eff. 1/1/2025.

Amended by 2020 c 302,§ 30, eff. 6/11/2020.

Amended by 2018 c 201,§ 3008, eff. 7/1/2018.

Amended by 2016SP1 c 29,§ 228, eff. 4/1/2018.

Amended by 2016 c 155,§ 3, eff. 6/9/2016.

2008 c 156 § 2; 1997 c 112 § 16; 1991 c 105 § 1.

*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.

Effective date- 2024 c 62 s s 1-8, 10-18, 20-26, 28, and 30-32: See note following RCW 18.71A.010.

Intent- 2024 c 62 : See note following RCW 18.71A.020.

Findings-Intent-Effective date- 2018 c 201 : See notes following RCW 41.05.018.

Effective dates-2016 sp.s. c 29: See note following RCW 71.05.760.

Short title-Right of action-2016 sp.s. c 29: See notes following RCW 71.05.010.

Severability-1991 c 105: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1991 c 105 s 6.]

This section is set out more than once due to postponed, multiple, or conflicting amendments.