The Form 3 Only Allows for Detention, Not Treatment
The Form 3 only allows for the physical detention of an individual. It does not allow you to force treatment without a patient's consent. Only emergency treatment is allowed in the event of significant risk for morbidity or mortality. Therefore, if there is no emergency and a patient refuses treatment, you must respect the wishes of the patient even if they are on a Form 3.
A patient can be in a situation where they detained on a Form 3, but found to be capable. If found capable by the
consent and capacity board, a patient has a right to refuse treatment. Under that circumstance, only a finding of incapacity under the Health Care Consent Act (HCCA) would allow you to treat the patient. As an example, a patient with schizophrenia can be detained under a Form 3 for risk of serious physical impairment, but still be capable to make a decision to refuse an antipsychotic.