2002 Legislation
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HOUSE BILL NO. 595 – Gravely disabled, redefined


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Daily Data Tracking History

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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 595
  1                                        AN ACT
  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.
  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 / Fiscal Impact

                           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.

Name:	Rep. Wendy Jaquet
Phone:	332-1130