---identifier: "/us/cfr/t28/s549.65"source: "ecfr"legal_status: "authoritative_unofficial"title: "28 CFR § 549.65 - Refusal to accept treatment."title_number: 28title_name: "Judicial Administration"section_number: "549.65"section_name: "Refusal to accept treatment."chapter_name: "BUREAU OF PRISONS, DEPARTMENT OF JUSTICE"subchapter_number: "C"subchapter_name: "INSTITUTIONAL MANAGEMENT"part_number: "549"part_name: "MEDICAL SERVICES"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"authority: "5 U.S.C. 301; 10 U.S.C. 876b; 18 U.S.C. 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), Chapter 313, 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510."cfr_part: "549"---
Identifier
/us/cfr/t28/s549.65
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Bureau of Prisons, Department of Justice
Authority
5 U.S.C. 301; 10 U.S.C. 876b; 18 U.S.C. 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), Chapter 313, 5006-5024 (Repealed ... 5 U.S.C. 301; 10 U.S.C. 876b; 18 U.S.C. 3621, 3622, 3524, 4001, 4005, 4042, 4045, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), Chapter 313, 5006-5024 (Repealed October 12, 1984 as to offenses committed after that date), 5039; 28 U.S.C. 509, 510.
# 549.65 Refusal to accept treatment.(a) When, as a result of inadequate intake or abnormal output, a physician determines that the inmate's life or health will be threatened if treatment is not initiated immediately, the physician shall give consideration to forced medical treatment of the inmate.(b) Prior to medical treatment being administered against the inmate's will, staff shall make reasonable efforts to convince the inmate to voluntarily accept treatment. Medical risks faced by the inmate if treatment is not accepted shall also be explained to the inmate. Staff shall document their treatment efforts in the medical record of the inmate.(c) When, after reasonable efforts, or in an emergency preventing such efforts, a medical necessity for immediate treatment of a life or health threatening situation exists, the physician may order that treatment be administered without the consent of the inmate. Staff shall document their treatment efforts in the medical record of the inmate.(d) Staff shall continue clinical and laboratory monitoring as necessary until the inmate's life or permanent health is no longer threatened.(e) Staff shall continue medical, psychiatric and/or psychological follow-up as long as necessary.[45 FR 23365, Apr. 4, 1980, as amended at 59 FR 31883, June 20, 1994]