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S1128................................................by JUDICIARY AND RULES CHILDREN - MENTAL HEALTH SERVICES - Amends existing law to further define the qualifications of a designated examiner for purposes of children's mental health services. 02/24 Senate intro - 1st rdg - to printing 02/25 Rpt prt - to Health/Wel 03/05 Rpt out - rec d/p - to 2nd rdg 03/06 2nd rdg - to 3rd rdg 03/10 3rd rdg - PASSED - 30-2-3 AYES -- Andreason, Brandt, Burkett, Burtenshaw, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- Bailey, Calabretta Absent and excused -- Bunderson, Noble, Sorensen Floor Sponsor - Compton Title apvd - to House 03/11 House intro - 1st rdg - to Health/Wel 03/25 Rpt out - rec d/p - to 2nd rdg 03/26 2nd rdg - to 3rd rdg 03/28 3rd rdg - PASSED - 64-0-6 AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Deal, Denney, Douglas, Eberle, Edmunson, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest(Bray), Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nacarrato, Nielsen, Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bradford, Crow, Cuddy, Ellsworth, Roberts, Smith(24) Floor Sponsor - Garrett Title apvd - to Senate 03/31 To enrol 04/01 Rpt enrol - Pres signed 04/02 Sp signed 04/03 To Governor 04/08 Governor signed Session Law Chapter 249 Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE BILL NO. 1128 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO QUALIFICATIONS OF A DESIGNATED EXAMINER FOR PURPOSES OF CHILDREN'S 3 MENTAL HEALTH SERVICES; AMENDING SECTION 16-2403, IDAHO CODE, TO FURTHER 4 DEFINE TERMS; AMENDING SECTION 66-317, IDAHO CODE, TO FURTHER DEFINE TERMS 5 AND TO DELETE A CODE REFERENCE; AND AMENDING SECTION 66-329, IDAHO CODE, 6 TO FURTHER GOVERN THE DEFINITION OF A DESIGNATED EXAMINER AND TO MAKE 7 TECHNICAL CORRECTIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 16-2403, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 16-2403. DEFINITIONS. As used in this chapter: 12 (1) "Child" means an individual less than eighteen (18) years of age and 13 not emancipated by either marriage or legal proceeding. 14 (2) "Consistent with the least restrictive alternative principle" means 15 that services are delivered in the setting which places the fewest restric- 16 tions on the personal liberty of the child, and provides the greatest integra- 17 tion with individuals who do not have disabilities, in typical and age appro- 18 priate, school, community and family environments, which is consistent with 19 safe, effective and cost-effective treatment for the child and family. 20 (3) "Department" means the department of health and welfare. 21 (4) "Designated examiner" means a psychiatrist, psychologist, psychiatric 22 nurse, or social worker and such other mental health professionals as may be 23 designated in accordance with rules promulgated pursuant to the provisions of 24 chapter 52, title 67, Idaho Code, by the department of health and welfare. Any 25 person designated by the department director will be specially qualified by 26 training and experience in the diagnosis and treatment of mental or mentally 27 related illnesses or conditions. 28 (5) "Director" means the director of the state department of health and 29 welfare. 30 (6) "Emergency" means a situation in which the child's condition, as evi- 31 denced by recent behavior, poses a significant threat to the health or safety 32 of the child, his family or others, or poses a serious risk of substantial 33 deterioration in the child's condition which cannot be eliminated by the use 34 of supportive services or intervention by the child's parents, or mental 35 health professionals, and treatment in the community while the child remains 36 in his family home. 37 (7) "Informed consent to treatment" means a knowing and voluntary deci- 38 sion to undergo a specific course of treatment, evidenced in writing, and made 39 by an emancipated child, or a child's parent, or guardian, who has the capac- 40 ity to make an informed decision, after the staff of the facility or other 41 provider of treatment have explained the nature and effects of the proposed 42 treatment. 43 (8) "Involuntary treatment" means treatment, services and placement of 2 1 children provided without consent of the parent of a child, under the author- 2 ity of a court order obtained pursuant to this chapter, as directed by an 3 order of disposition issued by a designated employee of the department of 4 health and welfare under section 16-2415, Idaho Code. 5 (9) "Lacks capacity to make an informed decision concerning treatment" 6 means that the parent is unable to understand the nature and effects of hospi- 7 talization or treatment, or is unable to engage in a rational decision-making 8 process regarding such hospitalization or treatment, as evidenced by an 9 inability to weigh the risks and benefits, despite conscientious efforts to 10 explain them in terms that the parent can understand. 11 (10) "Likely to cause harm to himself or to suffer substantial mental or 12 physical deterioration" means that, as evidenced by recent behavior, the 13 child: 14 (a) Is likely in the near future to inflict substantial physical injury 15 upon himself; or 16 (b) Is likely to suffer significant deprivation of basic needs such as 17 food, clothing, shelter, health or safety; or 18 (c) Will suffer a substantial increase or persistence of symptoms of men- 19 tal illness or serious emotional disturbance which is likely to result in 20 an inability to function in the community without risk to his safety or 21 well-being or the safety or well-being of others, and which cannot be 22 treated adequately with available home and community-based outpatient ser- 23 vices. 24 (11) "Likely to cause harm to others" means that, as evidenced by recent 25 behavior causing, attempting, or threatening such harm with the apparent abil- 26 ity to complete the act, a child is likely to cause physical injury or physi- 27 cal abuse to another person. 28 (12) "Protection and advocacy system" means the agency designated by the 29 governor as the state protection and advocacy system pursuant to 42 U.S.C. 30 6042 and 42 U.S.C. 10801 et seq. 31 (13) "Serious emotional disturbance" means an emotional or behavioral dis- 32 order, or a neuropsychiatric condition which results in a serious disability, 33 and which requires sustained treatment interventions, and causes the child's 34 functioning to be impaired in thought, perception, affect or behavior. A dis- 35 order shall be considered to "result in a serious disability" if it causes 36 substantial impairment of functioning in family, school or community. A sub- 37 stance abuse disorder does not, by itself, constitute a serious emotional dis- 38 turbance, although it may coexist with serious emotional disturbance. 39 (14) "Special therapy" means any treatment modality used to treat children 40 with serious emotional disturbances which is subject to restrictions or spe- 41 cial conditions imposed by the department of health and welfare rules. 42 (15) "Surrogate parent" means any person appointed to act in the place of 43 the parent of a child for purposes of developing an individual education pro- 44 gram under the authority of the individuals with disabilities education act, 45 20 U.S.C. 1400 et seq., as amended. 46 (16) "Treatment facility" means a facility or program meeting applicable 47 licensing standards, that has been approved for the provisions of services 48 under this chapter by the department of health and welfare. 49 SECTION 2. That Section 66-317, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 66-317. DEFINITIONS. As used in this chapter, terms shall have the fol- 52 lowing meanings: 53 (a) "Department director" means the director of the state department of 3 1 health and welfare. 2 (b) "Voluntary patient" means an individual admitted to a facility for 3 evaluation pursuant to section 18-211 or 20-520, Idaho Code, or admitted to a 4 facility for treatment pursuant to section 66-318, Idaho Code. 5 (c) "Involuntary patient" means an individual committed pursuant to sec- 6 tion 18-212,18-214,66-329 or 66-1201, Idaho Code, or committed pursuant to 7 section 16-1608 or 20-520, Idaho Code, and admitted to a facility for the 8 treatment of minors. 9 (d) "Licensed physician" means an individual licensed under the laws of 10 this state to practice medicine or a medical officer of the government of the 11 United States while in this state in the performance of his official duties. 12 (e) "Designated examiner" means a psychiatrist, psychologist, psychiatric 13 nurse, or social worker and such other mental health professionals as may be 14 designated in accordance with rules promulgated pursuant to the provisions of 15 chapter 52, title 67, Idaho Code, by the department of health and welfare. 16 Aany person designated by the department directoraswill be specially quali- 17 fied by training and experience in the diagnosis and treatment of mental or 18 mentally related illnesses or conditions.Such persons shall be psychiatrists,19licensed psychologists, licensed physicians, a holder of an earned master's20level or higher degree in social work from an accredited program, a registered21nurse with an earned master's level or higher degree in psychiatric nursing22from an accredited program, or a holder of an earned master's level or higher23degree in psychology from an accredited program.24 (f) "Dispositioner" means a designated examiner employed by or under con- 25 tract with the department of health and welfare and designated by the depart- 26 ment director to determine the appropriate location for care and treatment of 27 involuntary patients. 28 (g) "Facility" means any public or private hospital, sanatorium, institu- 29 tion, mental health center or other organization designated in accordance with 30 rules adopted by the board of health and welfare as equipped to initially 31 hold, evaluate, rehabilitate or to provide care or treatment, or both, for the 32 mentally ill. 33 (h) "Lacks capacity to make informed decisions about treatment" means the 34 inability, by reason of mental illness, to achieve a rudimentary understanding 35 after conscientious efforts at explanation of the purpose, nature, and possi- 36 ble significant risks and benefits of treatment. 37 (i) "Inpatient treatment facility" means a facility in which an individ- 38 ual receives medical and mental treatment for not less than a continuous 39 twenty-four (24) hour period. 40 (j) "Supervised residential facility" means a facility, other than the 41 individual's home, in which the individual lives and in which there lives, or 42 are otherwise on duty during the times that the individual's presence is 43 expected, persons who are employed to supervise, direct, treat or monitor the 44 individual. 45 (k) "Likely to injure himself or others" means either: 46 (1) A substantial risk that physical harm will be inflicted by the pro- 47 posed patient upon his own person, as evidenced by threats or attempts to 48 commit suicide or inflict physical harm on himself; or 49 (2) A substantial risk that physical harm will be inflicted by the pro- 50 posed patient upon another as evidenced by behavior which has caused such 51 harm or which places another person or persons in reasonable fear of sus- 52 taining such harm. 53 (l) "Mentally ill" means a person, who as a result of a substantial dis- 54 order of thought, mood, perception, orientation, or memory, which grossly 55 impairs judgment, behavior, capacity to recognize and adapt to reality, 4 1 requires care and treatment at a facility. 2 (m) "Gravely disabled" means a person who, as the result of mental ill- 3 ness, is in danger of serious physical harm due to the person's inability to 4 provide for any of his basic needs for nourishment, or essential medical care, 5 or shelter or safety. 6 (n) "Outpatient commitment" means a court order directing a person to 7 comply with specified mental health treatment requirements, not involving the 8 continuous supervision of a person in an inpatient setting, that are reason- 9 ably designed to alleviate or to reduce a person's illness or disability, or 10 to maintain or prevent deterioration of the person's mental or emotional func- 11 tioning. The specified requirements may include, but need not be limited to, 12 taking prescribed medication, reporting to a facility to permit monitoring of 13 the person's condition, or participating in individual or group therapy or in 14 educational or vocational programs. Outpatient commitment may be up to one 15 (1) year. 16 SECTION 3. That Section 66-329, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 66-329. COMMITMENT TO DEPARTMENT DIRECTOR UPON COURT ORDER -- JUDICIAL 19 PROCEDURE. (a) Proceedings for the involuntary care and treatment of mentally 20 ill persons by the department of health and welfare may be commenced by the 21 filing of a written application with a court of competent jurisdiction by a 22 friend, relative, spouse or guardian of the proposed patient, or by a licensed 23 physician, prosecuting attorney, or other public official of a municipality, 24 county or of the state of Idaho, or the director of any facility in which such 25 patient may be. 26 (b) The application shall state the name and last known address of the 27 proposed patient; the name and address of either the spouse, guardian, next of 28 kin or friend of the proposed patient; whether the proposed patient can be 29 cared for privately in the event commitment is not ordered; if the proposed 30 patient is, at the time of the application, a voluntary patient; whether the 31 proposed patient has applied for release pursuant to section 66-320, Idaho 32 Code; and a simple and precise statement of the facts showing that the pro- 33 posed patient is mentally ill and either likely to injure himself or others or 34 is gravely disabled due to mental illness. 35 (c) Any such application shall be accompanied by a certificate of a des- 36 ignated examiner stating that he has personally examined the proposed patient 37 within the last fourteen (14) days and is of the opinion that the proposed 38 patient is: (i) mentally ill; (ii) likely to injure himself or others or is 39 gravely disabled due to mental illness; and (iii) lacks capacity to make 40 informed decisions about treatment, or a written statement by the applicant 41 that the proposed patient has refused to submit to examination by a designated 42 examiner. 43 (d) Upon receipt of an application for commitment, the court shall, 44 within forty-eight (48) hours appoint another designated examiner to make a 45 personal examination of the proposed patient or if the proposed patient has 46 not been examined, the court shall appoint two (2) designated examiners to 47 make individual personal examinations of the proposed patient and may order 48 the proposed patient to submit to an immediate examination. If neither desig- 49 nated examiner is a physician, the court shall order a physical examination of 50 the proposed patient. At least one (1) designated examiner shall be a psychia- 51 trist, licensed physician or licensed psychologist; no more than one (1) des-52ignated examiner may be a physician not practicing psychiatry, a holder of an53earned master's level or higher degree in social work from an accredited pro-5 1gram, a registered nurse with an earned master's level or higher degree in2psychiatric nursing from an accredited program, or a holder of an earned3master's level or higher degree in psychology from an accredited program. The 4 designated examiners shall report to the court their findings within the fol- 5 lowing seventy-two (72) hours as to the mental condition of the proposed 6 patient and his need for custody, care, or treatment by a facility. The 7 reports shall be in the form of written certificates which shall be filed with 8 the court. The court may terminate the proceedings and dismiss the application 9 without taking any further action in the event the reports of the designated 10 examiners are to the effect that the proposed patient is not mentally ill or, 11 although mentally ill, is not likely to injure himself or others or is not 12 gravely disabled due to mental illness. If the proceedings are terminated, the 13 proposed patient shall be released immediately. 14 (e) If the designated examiner's certificate states a belief that the 15 proposed patient is mentally ill and either likely to injure himself or others 16 or is gravely disabled due to mental illness, the judge of such court shall 17 issue an order authorizing any health officer, peace officer, or director of a 18 facility to take the proposed patient to a facility in the community in which 19 the proposed patient is residing or to the nearest facility to await the hear- 20 ing and for good cause may authorize treatment during such period subject to 21 the provisions of section 66-346(a)(4), Idaho Code. Under no circumstances 22 shall the proposed patient be detained in a nonmedical unit used for the 23 detention of individuals charged with or convicted of penal offenses. 24 (f) Upon receipt of such application and designated examiners' reports 25 the court shall appoint a time and place for hearing not more than seven (7) 26 days from the receipt of such designated examiners' reports and thereupon give 27 written notice of such time and place of such hearing together with a copy of 28 the application, designated examiner's certificates, and notice of the pro- 29 posed patient's right to be represented by an attorney, or if indigent, to be 30 represented by a court-appointed attorney, to the applicant, to the proposed 31 patient, to the proposed patient's spouse, guardian, next of kin or friend. 32 With the consent of the proposed patient and his attorney, the hearing may be 33 held immediately. Upon motion of the proposed patient and attorney and for 34 good cause shown, the court may continue the hearing up to an additional four- 35 teen (14) days during which time, for good cause shown, the court may autho- 36 rize treatment. 37 (g) An opportunity to be represented by counsel shall be afforded to 38 every proposed patient, and if neither the proposed patient nor others provide 39 counsel, the court shall appoint counsel in accordance with chapter 8, title 40 19, Idaho Code, no later than the time the application is received by the 41 court. 42 (h) The hearing shall be held at a facility, at the home of the proposed 43 patient, or at any other suitable place not likely to have a harmful effect on 44 the proposed patient's physical or mental health. Venue for the hearing shall 45 be in the county of residence of the proposed patient, unless the patient 46 waives the right to have venue fixed there. 47 (i) In all proceedings under this section, any existing provision of the 48 law prohibiting the disclosure of confidential communications between the des- 49 ignated examiner and proposed patient shall not apply and any designated exam- 50 iner who shall have examined the proposed patient shall be a competent witness 51 to testify as to the proposed patient's condition. 52 (j) The proposed patient, the applicant, and any other persons to whom 53 notice is required to be given shall be afforded an opportunity to appear at 54 the hearing, to testify, and to present and cross-examine witnesses. The pro- 55 posed patient shall be required to be present at the hearing unless the court 6 1 determines that the mental or physical state of the proposed patient is such 2 that his presence at the hearing would be detrimental to the proposed 3 patient's health or would unduly disrupt the proceedings. A record of the pro- 4 ceedings shall be made as for other civil hearings. The hearing shall be con- 5 ducted in as informal a manner as may be consistent with orderly procedure. 6 The court shall receive all relevant and material evidence consistent with the 7 rules of evidence. 8 (k) If, upon completion of the hearing and consideration of the record, 9 the court finds by clear and convincing evidence that the proposed patient: 10 (1) is mentally ill; and 11 (2) is, because of such condition, likely to injure himself or others, or 12 is gravely disabled due to mental illness; 13 the court shall order the proposed patient committed to the custody of the 14 department director for an indeterminate period of time not to exceed one (1) 15 year. The department director, through his dispositioner, shall determine 16 within twenty-four (24) hours the least restrictive available facility con- 17 sistent with the needs of each patient committed under this section for obser- 18 vation, care, and treatment. 19 (l) Nothing in this chapter or in any rule adopted pursuant thereto shall 20 be construed to authorize the detention or involuntary admission to a hospital 21 or other facility of an individual who: 22 (1) has epilepsy, a developmental disability, a physical disability, men- 23 tal retardation, is impaired by chronic alcoholism or drug abuse, or aged, 24 unless in addition to such condition, such person is mentally ill; 25 (2) is a patient under treatment by spiritual means alone, through 26 prayer, in accordance with the tenets and practices of a recognized church 27 or religious denomination by a duly accredited practitioner thereof and 28 who asserts to any authority attempting to detain him that he is under 29 such treatment and who gives the name of a practitioner so treating him to 30 such authority; or 31 (3) can be properly cared for privately with the help of willing and able 32 family or friends, and provided, that such personsmay be detained or 33 involuntarily admitted if such persons areis mentally ill and presents a 34 substantial risk of injury to himself or others if allowed to remain at 35 liberty. 36 (m) The order of commitment shall state whether the proposed patient 37 lacks capacity to make informed decisions about treatment, the name and 38 address of the patient's attorney and either the patient's spouse, guardian, 39 adult next of kin, or friend. 40 (n) If the patient has no spouse or guardian and if the patient has prop- 41 erty which may not be cared for pursuant to chapter 5, title 66, Idaho Code, 42 or by the patient while confined at a facility, the court shall appoint a 43 guardian ad litem for the purpose of preserving the patient's estate, pending 44 further guardianship or conservatorship proceedings. 45 (o) The commitment shall continue until the commitment is terminated and 46 shall be unaffected by the patient's conditional release or change in disposi- 47 tion.
STATEMENT OF PURPOSE RS 13071 Relating to qualifications of a designated examiner for purposes of adult and children's mental health services; amending section 16-2403, Idaho Code, to further define terms of becoming a designated examiner, adding language to strengthen the qualifications to become an examiner making it consistent with the designated examiner definition in 66-317, Idaho Code; amending section 66-317, Idaho Code to define terms making it consistent with the designated examiner's definition found in children's mental health services, 16-2403, Idaho Code; and amending section 66-329, Idaho Code, to make technical corrections. This legislation will enable the Director of Health and Welfare to promulgate rules to appoint other mental health professionals for adults as current Idaho Code allows for children. Fiscal Impact There is no fiscal impact to these changes. CONTACT Name: Ken Deibert Agency: Health and Welfare Phone: 334-0641 Statement of Purpose/Fiscal Impact S 1128