§ 7625

Hearing on application for involuntary medication; burden of proof (a) Unless consolidated with an application for involuntary treatment pursuant to subdivision 7624(b)(2) or (b)(4) of this title, a hearing on an application for involuntary medication shall be held within seven days after filing and shall be conducted in accordance with sections 7613, 7614, and 7616 and subsections 7615(b)–(e) of this title. (b) In a hearing conducted pursuant to this section, section 7626, or section 7627 of this title, the Commissioner has the burden of proof by clear and convincing evidence. (c) In determining whether or not the person is competent to make a decision regarding the proposed treatment, the court shall consider whether the person is able to make a decision and appreciate the consequences of that decision. (Added 1997, No. 114 (Adj. Sess.), § 4; amended 2013, No. 192 (Adj. Sess.), §§ 13, 25; 2023, No. 6, § 204, eff. July 1, 2023.)