Section 383.06. Involuntary treatment with psychotropic medication.

  A youth may be treated involuntarily with psychotropic medications only under the following circumstances:

(1)  In an emergency, after reasonable interventions have proved unsuccessful, the attending licensed psychologist, social worker or physician or APNP shall determine whether a recommendation for an emergency transfer to a state treatment facility under s. 51.35 (3) (e) , Stats., should be made to the superintendent. Pending that determination, the attending physician or APNP may order involuntary treatment with psychotropic medication. The youth may be treated involuntarily with psychotropic medications pending an emergency transfer, or for 72 hours, whichever is shorter. If an emergency transfer is initiated, the attending physician or APNP may order continued involuntary treatment with psychotropic medications pending completion of the transfer proceedings. In this subsection, "emergency" means a situation in which either of the following is true:

(a) The youth's perception of reality appears to be severely impaired as a result of mental illness.

(b) The youth appears to pose an immediate danger to self or others, evidenced by a recent overt act or attempt or threat to inflict serious bodily harm.

(2)  If a youth is committed under s. 51.20 , Stats., on an outpatient basis with an order to treat involuntarily in an institution and a court has found the youth 14 years or older incompetent to refuse psychotropic medications, a physician, physician assistant, APNP, or nurse shall distribute or administer the medications. The following steps shall be followed:

(a) A physician, physician assistant, APNP or nurse shall give the youth an opportunity to take the medication voluntarily. If it is not possible to comply with s. DOC 383.05 (1) due to the youth's behavior, the physician, physician assistant, APNP, or nurse shall record the reasons in the youth's clinical or medical services record.

(b) If the youth refuses to take the medication, the physician, physician assistant, APNP, or nurse shall counsel the youth and attempt to persuade the youth to take the medication.

(c) If the youth continues to refuse, the attending physician, physician assistant or APNP shall decide the course of action to be taken. Possible actions include:

1. Take no action for a period of time.

2. Send the youth to a special unit within the institution for treatment of mental illness.

3. When appropriate, put the youth in observation status pursuant to ch. DOC 375 .

4. Recommend transfer of the youth to an appropriate health care setting.

5. If appropriate, a licensed psychologist or physician may recommend to the superintendent transfer of the youth to a state treatment facility under s. 51.35 (3) (e) , Stats.

6. Direct that the youth be ordered to take the medication and that force be used to administer it, if necessary. Only the minimum amount of force required to effectively administer the medication shall be used.

Cr. Register, June, 2000, No. 534 , eff. 7-1-00 .