The Tulalip Tribes may assign appropriate staff from time to time as may be necessary to examine records, inspect Tribal facilities, attend proceedings, and do whatever is necessary to monitor, evaluate, and assure adherence to patient’s rights. Such persons shall also recommend such additional safeguards or procedures as may be appropriate to secure individual rights set forth in this code.
(Res. 2023-513 § 1)
(1) 
Informed Consent. Efforts must be made to administer antipsychotic medicine voluntarily in consultation with the patient’s medical provider.
(2) 
Right to Refuse. If a person is found to be gravely disabled or to present a likelihood of serious harm as a result of a behavioral health disorder, that person has a right to refuse antipsychotic medication unless subsection (3) of this section applies.
(3) 
Involuntary Administration of Antipsychotic Medication. A person’s right to refuse antipsychotic medication may be denied when the following conditions are met, as determined by a medical opinion issued by a psychiatrist, physician assistant working with a supervising psychiatrist, psychiatric advanced registered nurse practitioner, or physician or physician assistant in consultation with a mental health professional with prescriptive authority:
(a) 
Required Determinations.
(i) 
The person has been found to be gravely disabled or to present a likelihood of serious harm as a result of a behavioral health disorder; and
(ii) 
Failure to medicate may result in either of the following:
(A) 
Likelihood of serious harm or substantial deterioration; or
(B) 
Substantially prolong the length of involuntary commitment;
(iii) 
There is no less intrusive course of treatment than medication in the best interest of that person.
(b) 
Concurring Medical Opinion.
(i) 
Requirements. An additional concurring medical opinion approving medication must be obtained that:
(A) 
Is made by a psychiatrist, physician assistant working with a supervising psychiatrist, psychiatric advanced registered nurse practitioner, or physician or physician assistant in consultation with a mental health professional with prescriptive authority; and
(B) 
Provides an opinion that the failure to medicate may result in a likelihood of serious harm or substantial deterioration or substantially prolong the length of involuntary commitment.
(ii) 
Emergency Exception. Antipsychotic medication may be administered prior to obtaining a second medical opinion under the following circumstances:
(A) 
The person presents an imminent likelihood of serious harm;
(B) 
Medically acceptable alternatives to administration of antipsychotic medications are not available or are unlikely to be successful; and
(C) 
It is the opinion of the physician, physician assistant, or psychiatric advanced registered nurse practitioner that the person’s condition constitutes an emergency requiring treatment be instituted prior to obtaining a second medical opinion.
(c) 
Documentation. Documentation in the medical record must be made of the attempt by the physician, physician assistant, or psychiatric advanced registered nurse practitioner to obtain informed consent and the reasons why antipsychotic medication is being administered over the person’s objection or lack of consent.
(4) 
Periodic Review. For continued treatment beyond 30 days through the hearing on any petition filed under this chapter, there shall be a right to periodic review of the decision to medicate by the medical director or designee.
(Res. 2023-513 § 1)
(1) 
The respondent in an action for involuntary treatment has a right to counsel provided at the Tribes’ expense at probable cause hearings and, if the person is indigent, at all stages.
(2) 
A respondent who is not indigent may retain counsel at his or her own expense, pay the Tribes for appointed counsel, or petition the Court to represent themselves.
(Res. 2023-513 § 1)
Insofar as danger to the individual or others is not created, each person involuntarily detained, treated in a less restrictive alternative course of treatment, or committed for treatment and evaluation, or subject to a substance abuse treatment intervention order pursuant to this chapter, shall have the following rights:
(1) 
To wear his or her own clothes and to keep and use his or her own personal possessions, except when deprivation of same is essential to protect the safety of the resident or other persons;
(2) 
To keep and be allowed to spend a reasonable sum of his or her own money for canteen expenses and small purchases;
(3) 
To have access to individual storage space for his or her private use;
(4) 
To have visitors at reasonable times;
(5) 
To have reasonable access to a telephone, both to make and receive confidential calls;
(6) 
To have ready access to letter-writing materials, including stamps, and to send and receive uncensored correspondence through the mail;
(7) 
To have the right to individualized care and adequate treatment;
(8) 
To discuss treatment plans and decisions with professional persons;
(9) 
To not be denied access to treatment by spiritual means;
(10) 
To dispose of property and sign contracts unless such person has been adjudicated as incompetent in a court proceeding directed to that particular issue;
(11) 
Not to have psychosurgery performed on him or her under any circumstances.
(Res. 2023-513 § 1)
Whenever any person is detained under this chapter, the person must be advised that unless the person is released or voluntarily admits himself or herself for treatment within 120 hours of the initial detention, a judicial hearing must be held in Tulalip Tribal Court within 120 hours to determine whether there is probable cause to detain the person for up to an additional 14 days based on an allegation that because of a behavioral health disorder the person presents a likelihood of serious harm or is gravely disabled, and that, at the probable cause hearing, the person has the following rights:
(1) 
To communicate immediately with an attorney; to have an attorney appointed; and to be told the name and address of the attorney that has been designated;
(2) 
To remain silent, and to know that any statement the person makes may be used against him or her;
(3) 
To present evidence on the person’s behalf;
(4) 
To cross-examine witnesses who testify against him or her;
(5) 
To be proceeded against by the rules of evidence;
(6) 
To have the Court appoint a reasonably available independent professional person to examine the person and testify in the hearing, at public expense unless the person is able to bear the cost;
(7) 
To view and copy all petitions and reports in the Court file; and
(8) 
To refuse psychiatric medications, including antipsychotic medication beginning 24 hours prior to the probable cause hearing;
(9) 
Right to a jury trial at a hearing for a 90-or 180-day commitment.
(Res. 2023-513 § 1)