Procedures in Connecticut for Involuntary Medication
| Civil Procedures for Medication-Refusing Patients (§ 17a-543) | Post-Sell Civil Procedures for Incompetent Medication-Refusing Criminal Defendants (§ 17a-543a)a |
|---|---|
| Applies to patients admitted under most statutes | Applies only to patients admitted after finding of not competent to stand trial |
| Incapable of giving informed consent to medication for treatment of psychiatric disabilities | Incapable of giving informed consent to medication for treatment of psychiatric disabilities |
| Such medication is necessary for patient's treatment | Such medication is necessary for patient's treatment |
| Probate court finding by clear and convincing evidence | Probate court finding by clear and convincing evidence |
| Appointment of conservator with authority to give or withhold consent for 120 days, renewable; authority expires upon discharge from hospital | Appointment of Special Limited Conservator with authority to give or withhold consent for 120 days, renewable; authority expires upon discharge from hospital or resolution of competence matter in criminal court |
| Conservator meets with patient and physician and reviews medical record; considers risks and benefits of medication, likelihood and seriousness of adverse side effects, preferences of the patient, patient's religious views, and prognosis with and without medication | Special Limited Conservator meets with patient and physician and reviews medical record; considers risks and benefits of medication, likelihood and seriousness of adverse side effects, the preferences of the patient, and prognosis with and without medication |
| Alternative “internal procedure” available for in-hospital hearing with decision rendered by hearing officer not employed by facility in which the patient is admitted (involuntary medication may be authorized for 30 days via this procedure) | Only probate court procedure available |
↵a Special limited conservator/probate court procedures.