Inmates, involuntary feeding or hydration procedure established.
The supervisor of a jail, as defined in
24-11-1, or a prison warden may attempt to
prevent a prisoner from causing severe harm or death to himself or herself by refusing sufficient
nutrition or hydration. A prisoner may be involuntarily fed or hydrated if it is determined, pursuant
to the provisions of this Act, that the prisoner is likely to cause severe harm to himself or herself
by refusing sufficient nutrition or hydration. No supervisor of a jail or prison warden may prevent
medically imposed fasts for the purpose of conducting medical tests or procedures or religious fasts
for a reasonable length of time.
The hearing panel:
In an emergency, involuntary feeding or hydration of a prisoner may be administered
without panel review for up to three days if two medical representatives who are a physician,
physician assistant, or nurse practitioner order the treatment. Involuntary feeding for a greater
length of time requires the approval of the panel.
If involuntary feeding or hydration of a prisoner exceeds ten days, a physician who
is not the attending physician shall review the prisoner's current case and at subsequent intervals
not to exceed three days, make a written determination whether the involuntary feeding or
hydration shall be continued. The physician's written determination shall be provided to the
attending physician, the supervisor of the jail or prison warden, and the prisoner.
A jail or prison shall maintain records of any involuntary feeding or hydration of
prisoners. The records shall include any available medical history of a prisoner's prior refusal of
adequate nutrition or hydration, current and prior illnesses, and may include such other information
as deemed necessary by the jail or prison to facilitate management of prisoners.
No person who serves on the hearing panel, who is the attending physician, who is
the supervisor of the jail or prison warden, or who orders or participates in the involuntarily
feeding or hydrating of a prisoner may be held civilly or criminally liable for the involuntarily
feeding or hydrating of a prisoner pursuant to this Act if the person performs these duties in good
faith and in a reasonable manner according to generally accepted medical or other professional