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Interest of B.L.S.

Docket No. 20060234
Oral Argument: Thursday, September 21, 2006 10:00am

Docket Info

Title
In the Interest of B.L.S.

Rick Eckroth, Petitioner and Appellee
v.
B.L.S., Respondent and Appellant
Case Type
MENTAL HEALTH APPEAL : MENTAL HEALTH
Appeal From
Case No. 06-R-155
South Central Judicial District, Morton County
Gail Hagerty
2006 ND 218723 N.W.2d 395

Highlight

After a request to treat with medication has been made, an independent physician or psychiatrist must certify that the proposed treatment is clinically appropriate and necessary, that the patient was offered the treatment and refused it, that the prescribed medication is the least restrictive form necessary to meet the patient's needs, and that the benefits of treatment outweigh the known risks.
Mental health respondents are entitled to adequate notice and the opportunity to prepare to address the involuntary treatment with medication.
A district court cannot order medications which have not been noticed in the request to treat with medication and have not been certified as clinically appropriate and necessary by a second physician or psychiatrist.
The involuntary treatment with medication is not limited to psychotropic medications used to treat mental illness.


Briefs

Filing Date Description
09/12/2006 APPELLANT BRIEF View
09/14/2006 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Brian David Grosinger - 04500
APPELLANT COURT APPOINTED Gregory Ian Runge - 04724

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 09/08/2006 NOTICE OF APPEAL : 09/08/2006
2 09/08/2006 MOTION FOR Temporary Stay and Specifications of Error
3 09/08/2006 ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V.
4 09/08/2006 ACTION BY CHIEF JUSTICE (Mot. to Stay) - Denied
5 09/08/2006 RECORD ON APPEAL & 3 tapes
6 09/11/2006 SITTING WITH THE COURT : Hodny, William F.
7 09/12/2006 APPELLANT BRIEF View
8 09/12/2006 APPELLANT APPENDIX
9 09/12/2006 CD-Rom - ATB
10 09/14/2006 Cassette tapes of treatment hearing of 9-5-06(three tapes labled 1-a; 1-b; & 1-c)
11 09/14/2006 APPELLEE BRIEF View
12 09/14/2006 DISK - AEB
13 09/15/2006 Notice of Appellant to be present at hearing
14 09/20/2006 Notice of Issue Under Rule 42(c) of the N.D.R.App.P. & Motion to Dismiss Specific Issue
15 09/21/2006 Response to Notice of Issue under Rule 42(c), N.D.R.App.P. and Motion to Dismiss
16 09/21/2006 APPEARANCES: Gregory I. Runge, B.L.S.; Brian D. Grosinger
17 09/21/2006 ARGUED: Runge; Grosinger
18 10/20/2006 DISPOSITION
19 10/20/2006 UNANIMOUS OPINION : Kapsner, Carol Ronning View
20 10/20/2006 NO ACTION TAKEN (MOT/Notice of Issue under Rule 42(c))
21 10/20/2006 Judgment Mailed to Parties
22 10/20/2006 MANDATE
23 10/25/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
24 02/15/2017 EXPUNGED - Nonpermanent record items destroyed