- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 30. Mental Health
- Section 838. Psychotropic Medication in Emergencies.
previous: Section 837
. Informed Consent.
next: Section 839
. Court-Ordered Administration of Medication.
AS 47.30.838. Psychotropic Medication in Emergencies.
- (a) Except as provided in (c) and (d) of this section, an evaluation facility or designated treatment facility may
administer psychotropic medication to a patient without the patient's informed consent, regardless of whether the
patient is capable of giving informed consent, only if
- (1) there is a crisis situation, or an impending crisis situation, that requires immediate use of the medication to
preserve the life of, or prevent significant physical harm to, the patient or another person, as determined by a
licensed physician or a registered nurse; the behavior or condition of the patient giving rise to a crisis under this
paragraph and the staff's response to the behavior or condition must be documented in the patient's medical record; the
documentation must include an explanation of alternative responses to the crisis that were considered or attempted by
the staff and why those responses were not sufficient; and
- (2) the medication is ordered by a licensed physician; the order
- (A) may be written or oral and may be received by telephone, facsimile machine, or in person;
- (B) may include an initial dosage and may authorize additional, as needed, doses; if additional, as needed, doses are
authorized, the order must specify the medication, the quantity of each authorized dose, the method of administering
the medication, the maximum frequency of administration, the specific conditions under which the medication may be
given, and the maximum amount of medication that may be administered to the patient in a 24-hour period;
- (C) is valid for only 24 hours and may be renewed by a physician for a total of 72 hours, including the initial 24 hours,
only after a personal assessment of the patient's status and a determination that there is still a crisis situation as
described in (1) of this subsection; upon renewal of an order under this subparagraph, the facts supporting the renewal
shall be written into the patient's medical record.
- (b) When a patient is no longer in the crisis situation that lead to the use of psychotropic medication without consent
under (a) of this section, an appropriate health care professional shall discuss the crisis with the patient, including
precursors to the crisis, in order to increase the patient's and the professional's understanding of the episode and to
discuss prevention of future crises. The professional shall seek and consider the patient's recommendations for
managing potential future crises.
- (c) If crisis situations as described in (a)(1) of this section occur repeatedly, or if it appears that they may occur
repeatedly, the evaluation facility or designated treatment facility may administer psychotropic medication during no
more than three crisis periods without the patient's informed consent only with court approval under AS 47.30.839
- (d) An evaluation facility or designated treatment facility may administer psychotropic medication to a patient without
the patient's informed consent if the patient is unable to give informed consent but has authorized the use of
psychotropic medication in an advance health care directive properly executed under AS 13.52 or has authorized an agent or surrogate under AS 13.52 to consent to this form of treatment for the patient and the
agent or surrogate does consent.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.