Psychiatric Medications: Court Order Must Specify Drug and Dosage

Legal Eagle Eye Newsletter for the Nursing Profession

May 1999

  Quick Summary: A court order for involuntary administration of psychotropic medication must specify the medication that is to be used, and the dosage, or the order is invalid. APPELLATE COURT OF ILLINOIS, 1999.

   The patient had been admitted to a state facility with a diagnosis of psychosis not otherwise specified. He refused to participate in group activities, became highly agitated and refused to take his medication.

   The psychiatrist believed haloperidol would bring about improvement of the patient’s thought disorder and diminish his agitation. Besides haloperidol the psychiatrist was also considering Risperidol or Zyprexia, which have fewer side effects than haloperidol but can only be given PO.

   A court order was obtained authorizing involuntary administration of psychotropic medication to the patient.

   The Appellate Court of Illinois overturned the court order. The court order was invalid because it did not specify whether the patient was to receive haloperidol, Risperidol or Zyprexia, or indicate the dosage, the court said. The court order was also invalid because it could be read to it leave open to the physician’s discretion to select yet another medication. An open-ended court order for administration of medication against the patient’s expressed wishes is improper and should not have been signed by the judge, the court ruled. In re Len P., 706 N.E. 2d 104 (Ill. App., 1999).