Substitute Senate Bill No. 967
Public Act No. 19-99
AN ACT CONCERNING TH E RECOMMENDATIONS OF THE
DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES
REGARDING EMERGENCY MEDICATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 17a-543a of the general statutes is repealed and
the following is substituted in lieu thereof (Effective from passage):
(a) (1) (A) If it is determined by the head of the hospital and two
qualified physicians that a patient who is a defendant placed in the
custody of the Commissioner of Mental Health and Addiction Services
pursuant to section 54-56d is incapable of giving informed consent to
medication for the treatment of the patient's psychiatric disabilities and
such medication is deemed to be necessary for the patient's treatment,
the facility in which the patient is placed may petition the probate
court for the district in which such facility is located for appointment
of a special limited conservator with specific authority to consent to
the administration of medication, provided an employee of such
facility shall not be appointed or serve as the special limited
conservator. The provisions of section 45a-649 concerning issuance of a
citation and notice, personal service and representation by,
appointment of, and compensation of an attorney shall apply to any
petition filed under this subsection as if such patient were a Substitute Senate Bill No. 967
Public Act No. 19-99 2 of 5
respondent under section 45a-649, except that (i) the court shall only be
required to issue such citation and notice to the patient, the patient's
attorney and any conservator appointed for the patient, and (ii) the
court, in its discretion, may order notice as it directs to other persons
having an interest in the patient and to such persons the patient
requests to be notified. The Probate Court may appoint a special
limited conservator with such specific authority pursuant to this
subparagraph if the court finds by clear and convincing evidence that
the patient is incapable of giving informed consent to medication for
the treatment of the patient's psychiatric disabilities and such
medication is necessary for the patient's treatment. The Probate Court
may grant the special limited conservator specific authority to consent
to the release of the patient's medical records to such facility if the
court finds by clear and convincing evidence that the patient is
unwilling or unable to release such records and such records are
necessary to make decisions concerning the patient's treatment.
(B) The special limited conservator shall meet with the patient and
the physician, review the patient's written record and consider the
risks and benefits from the medication, the likelihood and seriousness
of adverse side effects, the preferences of the patient, the patient's
religious views, and the prognosis with and without medication. After
consideration of such information, the special limited conservator shall
either consent to the patient receiving medication for the treatment of
the patient's psychiatric disabilities or refuse to consent to the patient
receiving such medication.
(2) The authority of a special limited conservator to consent to the
administration of medication under subdivision (1) of this subsection
shall be effective for not more than one hundred twenty days. In the
case of continuous hospitalization of the patient beyond such one
hundred twenty days, if the head of the hospital and two qualified
physicians determine that the patient continues to be incapable of Substitute Senate Bill No. 967
Public Act No. 19-99 3 of 5
giving informed consent to medication for the treatment of the
patient's psychiatric disabilities and such medication is deemed to be
necessary for the patient's treatment, the authority of the special
limited conservator to consent to the administration of medication may
be extended for a period not to exceed one hundred twenty days by
order of the Probate Court without a hearing upon application by the
head of the hospital. Prompt notice of the order shall be given to the
patient, special limited conservator and facility.
(3) The reasonable compensation of a special limited conservator
appointed under this subsection shall be established by the Probate
Court Administrator and paid from the Probate Court Administration
Fund.
(b) (1) If it is determined by the head of the hospital and two
qualified physicians that (A) a patient who is a defendant placed in the
custody of the Commissioner of Mental Health and Addiction Services
pursuant to section 54-56d is capable of giving informed consent but
refuses to consent to medication for treatment of the patient's
psychiatric disabilities, (B) there is no less intrusive beneficial
treatment, and (C) without medication, the psychiatric disabilities with
which the patient has been diagnosed will continue unabated and
place the patient or others in direct threat of harm, the facility in which
the patient is placed may petition the probate court for the district in
which such facility is located to authorize the administration to the
patient of medication for the treatment of the patient's psychiatric
disabilities, despite the refusal of the patient to consent to such
medication. The provisions of section 45a-649 concerning issuance of a
citation and notice, personal service and representation by,
appointment of, and compensation of an attorney shall apply to any
petition filed under this subsection as if such patient were a
respondent under section 45a-649, except that (i) the court shall only be
required to issue such citation and notice to the patient, the patient's Substitute Senate Bill No. 967
Public Act No. 19-99 4 of 5
attorney and any conservator appointed for the patient, and (ii) the
court, in its discretion, may order notice as it directs to other persons
having an interest in the patient and to such persons the patient
requests to be notified. The Probate Court may authorize the
administration of medication to the patient if the court finds by clear
and convincing evidence that (I) the patient is capable of giving
informed consent but refuses to consent to medication for treatment of
the patient's psychiatric disabilities, (II) there is no less intrusive
beneficial treatment, and (III) without medication, the psychiatric
disabilities with which the patient has been diagnosed will continue
unabated and place the patient or others in direct threat of harm.
(2) An order authorizing the administration of medication under
subdivision (1) of this subsection shall be effective for not more than
one hundred twenty days. In the case of continuous hospitalization of
the patient beyond such one hundred twenty days, if the head of the
hospital and two qualified physicians determine that (A) the patient
continues to be capable of giving informed consent but refuses to
consent to medication for treatment of the patient's psychiatric
disabilities, (B) there is no less intrusive beneficial treatment, and (C)
without medication, the psychiatric disabilities with which the patient
has been diagnosed will continue unabated and place the patient or
others in direct threat of harm, the order may be extended for a period
not to exceed one hundred twenty days by order of the Probate Court
without a hearing. Prompt notice of the order shall be given to the
patient and facility.
(c) Notwithstanding the provisions of subsections (a) and (b) of this
section, if obtaining consent under this section would cause a
medically harmful delay to a patient whose condition is of an
extremely critical nature, as determined by the personal observation of
a physician or the senior clinician on duty in the facility in which the
patient is placed, the physician or senior clinician may order Substitute Senate Bill No. 967
Public Act No. 19-99 5 of 5
medication for treatment of the patient's psychiatric disabilities
without consent.
[(c)] (d) Unless there is a serious risk of harm to the patient or
others, based upon the patient's past history or current condition,
nothing in this section authorizes any form of involuntary medical,
psychological or psychiatric treatment of any patient who in the
sincere practice of his or her religious beliefs is being treated by prayer
alone in accordance with the principles and practices of a church or
religious denomination by a duly accredited practitioner or ordained
minister, priest or rabbi thereof.
[(d)] (e) Nothing in this section shall be construed to limit the
application of sections 45a-644 to 45a-663, inclusive, except as
specifically provided in this section.