(a) Experimental treatments involving any significant risk of physical or psychological harm may not be administered to a patient.
(b) If the personnel of an evaluation or treatment facility are uncertain as to whether a proposed treatment is experimental or is experimental as applied to a particular patient or would involve a significant risk of mental or physical harm to the patient, the matter may be referred to the commissioner for a determination. The patient, the patient's attorney and guardian, if any, and an adult designated by the patient, shall, simultaneously with the referral to the commissioner, be provided with copies of all the documents by which the referral is made and shall have the opportunity to provide evidence to the commissioner on the question.
(c) A determination by the commissioner that a treatment is experimental and entails significant risks of mental or physical harm is binding upon all persons involved in the administration of treatment to a patient.
Section: Previous 47.30.817 47.30.825 47.30.830 47.30.833 47.30.835 47.30.836 47.30.837 47.30.838 47.30.839 47.30.840 47.30.845 47.30.847 47.30.850 47.30.851 47.30.855 NextLast modified: November 15, 2016