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H0595................................by JUDICIARY, RULES AND ADMINISTRATION
GRAVELY DISABLED - Amends existing law relating to the hospitalization of
the mentally ill to revise the definition of "gravely disabled."
02/08 House intro - 1st rdg - to printing
02/11 Rpt prt - to Health/Wel
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 66-0-4
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Block,
Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest,
Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake,
Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Shepherd, Smith(33), Smith(23), Smylie,
Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Black, Higgins, Mortensen, Sellman
Floor Sponsor - Jaquet
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Health/Wel
03/08 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Wheeler
Title apvd - to House
03/15 To enrol - rpt enrol - Sp signed
Pres signed
03/15 To Governor
03/20 Governor signed
Session Law Chapter 128
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 595
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE HOSPITALIZATION OF THE MENTALLY ILL; AMENDING SECTION 66-317,
3 IDAHO CODE, TO REVISE THE DEFINITION OF "GRAVELY DISABLED" AND TO MAKE
4 TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 66-317, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 66-317. DEFINITIONS. As used in this chapter, terms shall have the fol-
9 lowing meanings:
10 (a) "Department director" means the director of the state department of
11 health and welfare.
12 (b) "Voluntary patient" means an individual admitted to a facility for
13 evaluation pursuant to section 18-211 or 20-520, Idaho Code, or admitted to a
14 facility for treatment pursuant to section 66-318, Idaho Code.
15 (c) "Involuntary patient" means an individual committed pursuant to sec-
16 tion 18-212, 18-214, 66-329 or 66-1201, Idaho Code, or committed pursuant to
17 section 16-1608 or 20-520, Idaho Code, and admitted to a facility for the
18 treatment of minors.
19 (d) "Licensed physician" means an individual licensed under the laws of
20 this state to practice medicine or a medical officer of the government of the
21 United States while in this state in the performance of his official duties.
22 (e) "Designated examiner" means any person designated by the department
23 director as specially qualified by training and experience in the diagnosis
24 and treatment of mental or mentally related illnesses or conditions. Such per-
25 sons shall be psychiatrists, licensed psychologists, licensed physicians, a
26 holder of an earned master's level or higher degree in social work from an
27 accredited program, a registered nurse with an earned master's level or higher
28 degree in psychiatric nursing from an accredited program, or a holder of an
29 earned master's level or higher degree in psychology from an accredited pro-
30 gram.
31 (f) "Dispositioner" means a designated examiner employed by or under con-
32 tract with the department of health and welfare and designated by the depart-
33 ment director to determine the appropriate location for care and treatment of
34 involuntary patients.
35 (g) "Facility" means any public or private hospital, sanatorium, institu-
36 tion, mental health center or other organization designated in accordance with
37 rules adopted by the board of health and welfare as equipped to initially
38 hold, evaluate, rehabilitate or to provide care or treatment, or both, for the
39 mentally ill.
40 (h) "Lacks capacity to make informed decisions about treatment" means the
41 inability, by reason of mental illness, to achieve a rudimentary understanding
42 after conscientious efforts at explanation of the purpose, nature, and possi-
43 ble significant risks and benefits of treatment.
2
1 (i) "Inpatient treatment facility" means a facility in which an individ-
2 ual receives medical and mental treatment for not less than a continuous
3 twenty-four (24) hour period.
4 (j) "Supervised residential facility" means a facility, other than the
5 individual's home, in which the individual lives and in which there lives, or
6 are otherwise on duty during the times that the individual's presence is
7 expected, persons who are employed to supervise, direct, treat or monitor the
8 individual.
9 (k) "Likely to injure himself or others" means either:
10 (1) A substantial risk that physical harm will be inflicted by the pro-
11 posed patient upon his own person, as evidenced by threats or attempts to
12 commit suicide or inflict physical harm on himself; or
13 (2) A substantial risk that physical harm will be inflicted by the pro-
14 posed patient upon another as evidenced by behavior which has caused such
15 harm or which places another person or persons in reasonable fear of sus-
16 taining such harm.
17 (l) "Mentally ill" means a person, who as a result of a substantial dis-
18 order of thought, mood, perception, orientation, or memory, which grossly
19 impairs judgment, behavior, capacity to recognize and adapt to reality,
20 requires care and treatment at a facility.
21 (m) "Gravely disabled" means a person who, as the result of mental ill-
22 ness, is in danger of serious physical harm due to the person's inability to
23 provide for any of his essential basic needs for nourishment, or essential
24 medical care, or shelter or safety.
25 (n) "Outpatient commitment" means a court order directing a person to
26 comply with specified mental health treatment requirements, not involving the
27 continuous supervision of a person in an inpatient setting, that are reason-
28 ably designed to alleviate or to reduce a person's illness or disability, or
29 to maintain or prevent deterioration of the person's mental or emotional func-
30 tioning. The specified requirements may include, but need not be limited to,
31 taking prescribed medication, reporting to a facility to permit monitoring of
32 the person's condition, or participating in individual or group therapy or in
33 educational or vocational programs. Outpatient commitment may be up to one (1)
34 year.
STATEMENT OF PURPOSE
RS 11817
The purpose of this legislation is to clarify the definition of
“gravely disabled” in the code and to make technical corrections.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: Rep. Wendy Jaquet
Phone: 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 595