Community Grievance Decision Digest

MEDICATIONS - REFUSAL ON RELIGIOUS GROUNDS

THE LAW:

"...Except when medication... has been ordered by the court under par. (g) or is necessary to prevent serious physical harm to others as evidenced by a recent overt act, attempt or threat to do such harm, a patient may refuse medications... if the patient is a member of a recognized religious organization and the religious tenets of such organization prohibit such medications and treatment.  The individual shall be informed of this right prior to administration of medications or treatment whenever the patient's condition so permits."    

§ 51.61(1)(h), Wis. Stats. [Emphasis added.]

[Note:  The Wisconsin Supreme Court held in Jones v. Gerhardstein, 141 Wis.2d 710 (1987), that all patients have the right to refuse to consent to medication unless found by a court to be incompetent to make this decision.  However, religious reasons may still be asserted as independent grounds for objecting to medication.]

DECISIONS:

[None at this time]

Last Updated: November 08, 2006