Compelled Head-Shaving of Mental Patient With Severe Head Lice Infestation Violated Constitution
From In the Matter of the Necessity for the Hospitalization of Lila B., decided Friday by the Alaska Supreme Court (in an opinion by Chief Justice Maassen):
A woman with a severe head-lice infestation was detained at a psychiatric hospital while she awaited evaluation for a mental health commitment. The superior court issued an order authorizing hospital staff to shave the woman’s head without her consent. On appeal, the woman argues that involuntary head-shaving is a significant infringement upon a patient’s fundamental rights and should require a heightened showing from the State.
We hold that before the State may shave the head of a nonconsenting patient in its care, it must demonstrate by clear and convincing evidence that head-shaving is the least restrictive means of advancing a compelling government interest. Because the State failed to meet that heightened standard in this case, we vacate the order authorizing the involuntary head-shaving….
A police officer detained Lila B. on an emergency basis for a mental health evaluation and transported her to a correctional center. Several days later the Department of Corrections petitioned for an order authorizing Lila’s hospitalization for evaluation pursuant to AS 47.30.710. A superior court master issued the order, and after another three days Lila was transferred to the Alaska Psychiatric Institute (API) for evaluation.
API staff saw that Lila was suffering from a severe infestation of head lice, and they decided she should stay in the hospital admissions area until the infestation could be treated. Staff members encouraged her to let them apply a permethrin shampoo treatment to her hair, which was heavily matted. She responded that allowing them to touch or treat her hair would violate her religious beliefs, though she did not specify a belief system. After failing to secure her cooperation, API staff decided they would have to shave her head before she could be admitted to a hospital unit. [After an emergency court hearing,] hospital staff shaved Lila’s head….
[At the hearing,] Lila testified next, explaining her opposition to having her head shaved. She explained that her religious belief, “which is the Bible,” forbade her from touching, cutting, and shaving her hair. She testified that her eczema caused a weeping infection on her scalp, “[s]o if they cut off my hair, I’m going to have to stare at myself in
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