November 08, 2019, 13:10FMatzke
Person in custody refusing medical treatment
Assume facts: Inmate swallows batteries/razor blades and is taken to ER. Inmate is coherent, has no history of mental illness and is refusing medical treatment. The local prison and hospital administrator call the County Attorney's office on Friday afternoon, wanting some type of authorization to treat the inmate without his consent.
H&S 773.008(1) does not apply nor does Chapter 313 because the patient is awake, coherent and is saying 'no'. 773.008(2) does not apply due to AG Opinion RQ-0915-GA.
Since the only 'mentally ill' statement he has made is 'don't touch me', are any quick legal actions available or is a guardianship required? This emergency has passed, but it's is not the first time I've received a call like this.