Keyhea v. Rushen

Opinion

KING, J.

In this case we hold that state prisoners presently have a statutory right to refuse long-term treatment with psychotropic drugs absent a judicial determination that they are incompetent to do so.

I. Introduction

Psychotropic (or antipsychotic) drugs 1 have become a primary tool of public mental health professionals for treating serious mental disorders, replacing such earlier measures as lobotomy, insulin shock, and electroshock. In many patients they minimize or eliminate psychotic symptoms. (Kemna, Current Status of Institutionalized Mental Health Patients’ Right to Refuse…