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Table 2 Sample quotations from the text of policies on emergency involuntary administration of psychotropic medications

From: A review of policies on the involuntary use of psychotropic medications among persons experiencing incarceration in the United States

State

Policy text

Alaska

“Emergency Forced Medication: Inmates have the right to refuse psychotropic medication except in psychiatric emergencies or when administrative procedures have been conducted consistent with the Supreme Court Washington v. Harper decision. Psychiatric emergencies occur when an inmate poses an imminent threat to self or others and all less intrusive measures have been attempted or judged by the psychiatrist to be inadequate.” “Involuntary Medication: A legal process for the administration of psychotropic medication to an inmate who refuses voluntary treatment.”

Massachusetts

“The [emergency] involuntary administration of psychotropic medication may be used if: a. An inmate poses a clear and immediate threat to harm him/herself or others; or to prevent the immediate, substantial and irreversible deterioration of a serious mental illness of an inmate who is currently incapable of making informed medical decisions on their own behalf; and b. All less restrictive or intrusive measures have been employed or have been judged by the treating psychiatrist, on-call psychiatrist, or physician to be inadequate. Authorization for involuntary administration of psychotropic medication that is specifically limited to a single dose of such medication.”

South Dakota

“In an emergency, involuntary treatment of an inmate with psychotropic medication may be administered without panel review for up to 10 days if the treatment is ordered by two physicians, one of whom shall be a psychiatrist.”