Law Project for
Psychiatric Rights
James B. Gottstein, Esq.
406 G Street, Suite 206
Anchorage, Alaska 99501
(907) 274-7686
Attorney for Plaintiff
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT ANCHORAGE
__________________, )
)
Plaintiff, )
)
vs. )
)
ALASKA PSYCHIATRIC INSTITUTE, )
)
Defendant. )
_________________________________ )
Case No. 3AN- 04-________CI
(For Declaratory and Injunctive Relief)
February 21, 2004 Draft
COMES
NOW, _________________________, Plaintiff in the above entitled action, and
alleges as follows:
A. Plaintiff is a resident of the state of Alaska and is
entitled to bring this action.
B. Plaintiff has been
prescribed psychiatric medications by the Alaska Psychiatric Institute.
C. Defendant Alaska Psychiatric
Institute (API) is an inpatient psychiatric facility owned and operated by the
State of Alaska and is an evaluation and designated treatment facility within
the meaning of AS 47.30.836.
D.
AS 47.30.836 prohibits defendant from administering
psychotropic medication to a patient in a non-crisis situation unless the
patient:
(1) has the
capacity to give informed consent to the medication, as described in AS 47.30.837 , and gives that consent; the facility shall
document the consent in the patient's medical chart;
(2) authorized
the use of psychotropic medication in a declaration properly executed under AS 47.30.950 - 47.30.980 or authorized an attorney-in-fact to consent to
the use of psychotropic medication for the patient and the attorney-in-fact
does consent; or
(3) is
determined by a court to lack the capacity to give informed consent to the
medication and the court approves use of the medication under AS 47.30.839 .
E.
Under AS 47.30.837(a) A patient has the capacity to give informed
consent for purposes of AS 47.30.836 if the patient is competent to make mental
health or medical treatment decisions and the consent is voluntary and
informed.
F.
Under AS 47.30.837(d)(2), in order to obtain informed consent API
must give the patient all information that is material to the patient's
decision to give or withhold consent, including:
1. an explanation of the
patient's diagnosis and prognosis, or their predominant symptoms, with and
without the medication;
2. information about the
proposed medication, its purpose, the method of its administration, the
recommended ranges of dosages, possible side effects and benefits, ways to
treat side effects, and risks of other conditions, such as tardive dyskinesia;
3. a review of the patient's
history, including medication history and previous side effects from
medication;
4. an explanation of
interactions with other drugs, including over-the-counter drugs, street drugs,
and alcohol; and
5. information about
alternative treatments and their risks, side effects, and benefits, including
the risks of nontreatment.
G.
Under AS 47.30.837(d)(3) "voluntary" means having
genuine freedom of choice; a choice may be encouraged and remain voluntary, but
consent obtained by using force, threats, or direct or indirect coercion is not
voluntary.
H.
When at API, Plaintiff was administered psychotropic
medication and not accurately given the information required under AS 47.30.837(d)(2).
I.
Upon information and belief, API never accurately gives
patients the information required under AS 47.30.837(d)(2).
J.
In the alternative, upon information and belief, API rarely
gives patients the information required under AS 47.30.837(d)(2) accurately.
K.
When at API, Plaintiff's consent to the administration of
psychotropic medications was not voluntary within the meaning of AS 47.30.837(d)(3).
L.
Upon information and belief, API regularly obtains
acquiescence to the administration of psychotropic medication by using force,
threats, or direct or indirect coercion in violation of AS 47.30.837(d)(3).
WHEREFORE, Plaintiff prays
for relief as follows:
1. Such Order or Orders as are
necessary to obtain compliance by API with the requirements of AS 47.30.836(1) with respect to the informed consent
provisions of AS 47.30.837.
2. A judgment declaring what is
necessary to comply with the requirements of AS 47.30.836(1) with respect to the informed consent
provisions of AS 47.30.837 of facilities .
3. Actual costs and actual
reasonable attorneys fees.
4. For other such relief as
this Court may deem just and equitable in these circumstances.
Dated this ____ day of _______,
2004 at Anchorage, Alaska.
LAW PROJECT FOR PSYCHIATRIC RIGHTS
By: __________________________
James B. Gottstein, Esq.
Alaska Bar No. 7811100