February
3, 2005
Alaska Bar Assn Health Law Section
10
Civil Forced Drugging Standards
¨State Laws may define Federal Rights (Mills v.
Rogers)
–Incompetent to Decline (Refuse)
–“Professional Judgment” (Youngberg v. Romeo/Rennie
v. Klein)
–“Best Interests”
•Where Junk Science Comes In
–“Substituted Judgment”
–“Least Restrictive Alternative”
¨But see Sell