[334-162] Criteria for administrative authorization process. [See Note at part heading.] (a) A patient who is in the custody of the director and in a psychiatric facility may be ordered to receive medical treatment over the patient's objection through an administrative authorization process that includes the following due process safeguards:

(1) The facility shall give notice to the patient of the authorization process and the reasons for initiating the process;

(2) The administrative panel shall consist of three members with relevant clinical training and experience, and who are not involved with the current treatment of the patient;

(3) The patient shall have the right to attend the hearing, receive assistance from an advisor, cross examine witnesses, and present testimony, exhibits, and witnesses; and

(4) The patient shall have the right to appeal the decision of the administrative panel.

(b) The administrative process described by this section is exempt from the contested case requirements of sections 91-8.5 to 91-15.

(c) The department may adopt rules, pursuant to chapter 91, to effectuate this part. [L 2017, c 111, pt of 2]

 

 

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