Does a person with mental illness have the right to refuse antipsychotic medication?
Yes, a person with mental illness has the right to refuse antipsychotic medication in Maryland. Mental Health Law is based on the principle that individuals diagnosed with mental illness have the right to make their own decisions about their mental health treatment. This includes the right to refuse antipsychotic medication. The Maryland Mental Health Law recognizes that those with mental illness have the freedom to make personal decisions and take responsibility for the consequences, and that individuals are entitled to refuse treatment even if it may be considered medically necessary. This same law sets the framework for the involuntary commitment of individuals who are a danger to themselves or others, and there are specific criteria that must be met to justify involuntary treatment. If a person with mental illness wishes to refuse antipsychotic medication, they must do so in writing and sign a mental health form. This form must be completed in the presence of a licensed mental health professional and witnessed by an adult. If the individual is competent, then their request will be honored and psychotropic medications will not be administered. However, if the individual is not competent, then their decision can be overridden and the medication may be administered. Overall, a person with mental illness in Maryland has the right to refuse antipsychotic medication if they are competent to do so. This right is protected under the Maryland Mental Health Law.
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