MODEL PENAL CODE ANNOTATED
 

MODEL PENAL CODE

 
 Section 3.08. Use of Force by Persons with Special Responsibility for Care, Discipline or Safety of Others.

  The use of force upon or toward the person of another is justifiable if:

   * * *

   (4) the actor is a doctor or other therapist or a person assisting him at his direction, and:

     (a) the force is used for the purpose of administering a recognized form of treatment which the actor believes to be adapted to promoting the physical or mental health of the patient;  and

     (b) the treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent or guardian or other person legally competent to consent in his behalf, or the treatment is administered in an emergency when the actor believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent;  . . .

* * *