Starting November 1, 2026, courts will require proof for forced medication

Courts will require clear and convincing evidence—a strong level of proof—before authorizing medication without consent through this process. The process covers defendants held under the referenced Oklahoma law for treatment to restore their ability to stand trial. The mental health department or its designated provider must notify the court, prosecutor, and defense lawyer when seeking medication for someone who refuses it or may lack the ability to decide. The prosecutor, department, or designated provider may apply. Applications must describe the diagnosis, treatment plan, medicine classes, dose ranges, delivery method, and any physician belief that the person cannot decide. Unusual delivery methods need an explanation. The applicant must prove an important state interest justifies overriding consent. Medication must be substantially likely to restore the ability to stand trial and substantially unlikely to cause side effects that seriously hinder work with the defense lawyer. Medication must be necessary and in the person’s best medical interest. Less intrusive treatments must be unlikely to achieve substantially the same results. These requirements take effect November 1, 2026.

People facing these medication applications will have a lawyer, hearing notice, and rights to attend and request an independent expert. These protections and order limits apply to people facing medication applications under this court process. Courts must appoint a lawyer if the person cannot afford one. The person must be able to meet with the lawyer as soon as practical, receive the application and hearing notice, and learn the court’s decision. Courts must make specific findings about all required proof, the person’s treatment wishes, and their ability to accept or refuse medication. Applications must also seek permission to continue medication while the person remains incarcerated after regaining the ability to stand trial. Orders must list possible medicines and dose ranges. The order lasts through the current involuntary commitment order and any interim wait for trial or a hearing on another request for involuntary treatment or medication. Other state laws allowing medication remain unchanged. Starting November 1, 2026, hearings must occur no later than 30 days after filing unless good cause supports a delay.

The law will count contracted health care companies and their employees as state employees for government harm claims. This classification applies under the Governmental Tort Claims Act, which governs claims seeking compensation for harm caused by government workers. The companies and workers must provide medical care to inmates or detainees in law enforcement custody or control under contracts with city, county, or state entities. This provision takes effect November 1, 2026.