HB 173: "An Act relating to court approval of involuntary administration of psychotropic medication; and providing for an effective date."
00 HOUSE BILL NO. 173 01 "An Act relating to court approval of involuntary administration of psychotropic 02 medication; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.30.839(g) is repealed and reenacted to read: 05 (g) The court shall approve the proposed use by a facility of a psychotropic 06 medication if the court determines, by clear and convincing evidence, that 07 (1) the patient does not have the capacity to give or withhold informed 08 consent regarding the patient's treatment as described under AS 47.30.837 and did not 09 have the capacity at the time of previously expressed wishes under (d)(2) of this 10 section; 11 (2) the proposed use of the psychotropic medication is in the patient's 12 best interest; and 13 (3) there is no less intrusive alternative treatment available. 14 * Sec. 2. AS 47.30.839 is amended by adding a new subsection to read:
01 (j) The court's approval under (g) of this section applies to the patient's initial 02 period of commitment if the decision is made during that time period. If the decision is 03 made during a period for which the initial commitment has been extended, the court's 04 approval under (g) of this section applies to the period for which commitment is 05 extended. 06 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).