Riese Hearing
Riese Hearings: Standards for Determining Capacity to Give Informed Consent
The factors that the Riese court relied on in determining whether a patient has the capacity to give informed consent are as follows (Riese v St. Mary's Hosp. & Med. Ctr. (1987) 209 CA3d 1303, 1322):
The evidence on these points must be clear and convincing. 209 CA3d at 1322
Riese hearings are usually reserved for patients who are on their fourteen day hold, 72 hour hold, and 30 day hold,. It is a hearing specifically to address involuntary medication and emergency medication. The patient can request a Riese hearing if they believe that they are not candidate for involuntary psychiatric treatment. The hearing is conducting by hearing officer designated by the local court. The hearing officer will hold the administrative hearing within a conference in the hospital. The hearings do not take more than 10 minutes and do not occur within a courtroom. On the day of the hearing the patient,, his rights advocate, the doctor, the officer, and or the nurse may be present. Together they will record the hearing.
First the doctor will verbally present information to the officer about the patient's condition and why they necessitate medication. The nurse will follow reporting the patients symptomology and why they believe the patient needs the medication. Both the doctor and the nurse will discuss the nature of the diagnosis and its implications. Then the patient will be given an opportunity to present their reasoning as to why they do not need medication. Their advocate may counsel them on what to say and what to present but often the advocate does not speak much during the hearing. At the end the hearing officer will make a judgement and the patient will be allowed to manage their own medication or ordered to involuntary medication. NOTE: A riese hearing is not an writ of habeas corpus hearing meaning that the patient even if not ordered to involuntary treatment cannot leave the facilities. Also, the patient may have to have another writ when they reach their next tier of involuntary hold.
If desired, the patient may challenge the decision made during the riese hearing and ask for a more formal rehearing on the matter. In this case the patient bears the burden of proof rather than the hospital. This contested matter will take place in the county courthouse as a bench hearing rather than an informal hearing in front of a hearing officer.
The factors that the Riese court relied on in determining whether a patient has the capacity to give informed consent are as follows (Riese v St. Mary's Hosp. & Med. Ctr. (1987) 209 CA3d 1303, 1322):
- Is the patient aware of his or her situation?
- Can the patient understand the benefits and risks of, and the alternatives to, the proposed treatment?
- Can the patient understand and knowingly and intelligently evaluate the information required to be given patients whose voluntary informed consent is sought (by Welf & I C §5326.2), and otherwise participate in the treatment decisions through rational thought processes?
The evidence on these points must be clear and convincing. 209 CA3d at 1322
Riese hearings are usually reserved for patients who are on their fourteen day hold, 72 hour hold, and 30 day hold,. It is a hearing specifically to address involuntary medication and emergency medication. The patient can request a Riese hearing if they believe that they are not candidate for involuntary psychiatric treatment. The hearing is conducting by hearing officer designated by the local court. The hearing officer will hold the administrative hearing within a conference in the hospital. The hearings do not take more than 10 minutes and do not occur within a courtroom. On the day of the hearing the patient,, his rights advocate, the doctor, the officer, and or the nurse may be present. Together they will record the hearing.
First the doctor will verbally present information to the officer about the patient's condition and why they necessitate medication. The nurse will follow reporting the patients symptomology and why they believe the patient needs the medication. Both the doctor and the nurse will discuss the nature of the diagnosis and its implications. Then the patient will be given an opportunity to present their reasoning as to why they do not need medication. Their advocate may counsel them on what to say and what to present but often the advocate does not speak much during the hearing. At the end the hearing officer will make a judgement and the patient will be allowed to manage their own medication or ordered to involuntary medication. NOTE: A riese hearing is not an writ of habeas corpus hearing meaning that the patient even if not ordered to involuntary treatment cannot leave the facilities. Also, the patient may have to have another writ when they reach their next tier of involuntary hold.
If desired, the patient may challenge the decision made during the riese hearing and ask for a more formal rehearing on the matter. In this case the patient bears the burden of proof rather than the hospital. This contested matter will take place in the county courthouse as a bench hearing rather than an informal hearing in front of a hearing officer.