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ANDERSON v. STATE

No. 1 CA-CIV 5946.

135 Ariz. 578 (1982)

663 P.2d 570

In the Matter of Petition for Court-Ordered Treatment of Matthew ANDERSON, Plaintiff-Appellant, v. STATE of Arizona, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied March 2, 1983.

Review Denied April 19, 1983.

Attorney(s) appearing for the Case

Ross P. Lee, Maricopa County Public Defender by Edward C. Voss, Deputy Public Defender, Phoenix, for plaintiff-appellant.

Robert K. Corbin, Atty. Gen. by H. Charles Pyeatte, Asst. Atty. Gen., Phoenix, for defendant-appellee.

OPINION

CONTRERAS, Judge.

At issue is the right of an adult who has not been adjudged incompetent but who is involuntarily committed to the Arizona State Hospital (ASH) to refuse, in non-emergency situations, to take psychotropic (anti-psychotic) drugs prescribed for his treatment. We conclude that such drugs can only be administered in strict accordance with the Arizona Mental Health Services Act (MHSA), and that, absent the statutory preconditions, the trial...

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