2006 Legislation
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HOUSE BILL NO. 734 – Mentally ill, treatment


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Bill Status

H0734......................................................by STATE AFFAIRS
MENTAL ILLNESS - Amends existing law relating to mental illness to remove
language referencing medical attendance upon the mentally ill; to revise
the definition for "voluntary patient"; to revise provisions applicable to
the authority to admit voluntary patients and to receive involuntary
patients; to revise provisions applicable to a detention with a hearing;
and to revise exemptions from liability.
02/24    House intro - 1st rdg - to printing
02/27    Rpt prt - to Health/Wel
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 61-0-9
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Collins, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Shepherd(2), Shirley, Skippen, Smith(30), Smylie, Snodgrass,
      Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Clark, Crow, Deal, Nonini, Schaefer,
      Shepherd(8), Smith(24), Wood
    Floor Sponsor - Garrett
    Title apvd - to Senate
03/13    Senate intro - 1st rdg - to Health/Wel
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Marley, Sweet
    Floor Sponsor - Broadsword
    Title apvd - to House
03/21    To enrol
03/22    Rpt enrol - Sp signed
03/23    Pres signed - To Governor
03/24    Governor signed
         Session Law Chapter 214
         Effective: 07/01/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 734
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
 13        ENCE.
 14    Be It Enacted by the Legislature of the State of Idaho:
 15        SECTION  1.  That  Section 39-4501, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
 17        39-4501.  PURPOSES -- APPLICATION. (1) The primary purposes of this  chap-
 18    ter are:
 19        (a)  To provide and codify Idaho law concerning consent for the furnishing
 20        of  hospital,  medical,  dental or surgical care, treatment or procedures,
 21        and concerning what constitutes an informed consent for such care,  treat-
 22        ment or procedures; and
 23        (b)  To provide certainty and clarity in the law of medical consent in the
 24        furtherance of high standards of health care and its ready availability in
 25        proper cases.
 26        (2)  Nothing in this chapter shall be deemed to amend or repeal the provi-
 27    sions of chapter 3, title 66, Idaho Code, as those provisions pertain to medi-
 28    cal attendance upon or hospitalization of the mentally ill, nor the provisions
 29    of  chapter  6,  title 18, Idaho Code, pertaining to the provision of examina-
 30    tions, prescriptions, devices and informational materials regarding prevention
 31    of pregnancy or pertaining to therapeutic abortions and consent to the perfor-
 32    mance thereof.
 33        (3)  Nothing in this chapter shall be construed to permit or  require  the
 34    provision  of  health  care  for  a  patient in contravention of the patient's
 35    stated or implied objection thereto upon religious grounds nor shall  anything
 36    in  this  chapter be construed to require the granting of permission for or on
 37    behalf of any patient who is not able to act for himself by his parent, spouse
 38    or guardian in violation of the  religious  beliefs  of  the  patient  or  the
 39    patient's parent or spouse.
 40        SECTION  2.  That  Section  66-317, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
  1        66-317.  DEFINITIONS. As used in this chapter, terms shall have  the  fol-
  2    lowing meanings:
  3        (a1)  "Department  director" means the director of the state department of
  4    health and welfare.
  5        (b2)  "Voluntary patient" means an individual admitted to a  facility  for
  6    evaluation  pursuant to section 18-211 or 20-520, Idaho Code, or admitted to a
  7    facility for observation, diagnosis, evaluation, care or treatment pursuant to
  8    section 66-318, Idaho Code.
  9        (c3)  "Involuntary patient" means an individual committed pursuant to sec-
 10    tion 18-212, 66-329 or 66-1201, Idaho Code, or committed pursuant  to  section
 11    16-1619  or   20-520, Idaho Code, and admitted to a facility for the treatment
 12    of minors.
 13        (d4)  "Licensed physician" means an individual licensed under the laws  of
 14    this  state to practice medicine or a medical officer of the government of the
 15    United States while in this state in the performance of his official duties.
 16        (e5)  "Designated examiner" means a psychiatrist, psychologist,  psychiat-
 17    ric  nurse, or social worker and such other mental health professionals as may
 18    be designated in accordance with rules promulgated pursuant to the  provisions
 19    of  chapter 52, title 67, Idaho Code, by the department of health and welfare.
 20    Any person designated by the department director will be  specially  qualified
 21    by  training  and  experience in the diagnosis and treatment of mental or men-
 22    tally related illnesses or conditions.
 23        (f6)  "Dispositioner" means a designated examiner  employed  by  or  under
 24    contract  with  the  department  of  health  and welfare and designated by the
 25    department director to determine the appropriate location for care and  treat-
 26    ment of involuntary patients.
 27        (g7)  "Facility"  means any public or private hospital, sanatorium, insti-
 28    tution, mental health center or other organization  designated  in  accordance
 29    with rules adopted by the board of health and welfare as equipped to initially
 30    hold, evaluate, rehabilitate or to provide care or treatment, or both, for the
 31    mentally ill.
 32        (h8)  "Lacks  capacity  to  make informed decisions about treatment" means
 33    the inability, by reason of mental illness, to achieve  a  rudimentary  under-
 34    standing  after  conscientious  efforts at explanation of the purpose, nature,
 35    and possible significant risks and benefits of treatment.
 36        (i9)  "Inpatient treatment facility" means a facility in which an individ-
 37    ual receives medical and mental treatment  for  not  less  than  a  continuous
 38    twenty-four (24) hour period.
 39        (j10) "Supervised  residential  facility" means a facility, other than the
 40    individual's home, in which the individual lives and in which there lives,  or
 41    are  otherwise  on  duty  during  the  times that the individual's presence is
 42    expected, persons who are employed to supervise, direct, treat or monitor  the
 43    individual.
 44        (k11) "Likely to injure himself or others" means either:
 45        (1a)  A  substantial risk that physical harm will be inflicted by the pro-
 46        posed patient upon his own person, as evidenced by threats or attempts  to
 47        commit suicide or inflict physical harm on himself; or
 48        (2b)  A  substantial risk that physical harm will be inflicted by the pro-
 49        posed patient upon another as evidenced by behavior which has caused  such
 50        harm  or which places another person or persons in reasonable fear of sus-
 51        taining such harm.
 52        (l12) "Mentally ill" means a person, who as a result of a substantial dis-
 53    order of thought, mood, perception,  orientation,  or  memory,  which  grossly
 54    impairs  judgment,  behavior,  capacity  to  recognize  and  adapt to reality,
 55    requires care and treatment at a facility.
  1        (m13) "Gravely disabled" means a person who, as the result of mental  ill-
  2    ness,  is  in danger of serious physical harm due to the person's inability to
  3    provide for any of his basic needs for nourishment, or essential medical care,
  4    or shelter or safety.
  5        (n14) "Outpatient commitment" means a court order directing  a  person  to
  6    comply  with specified mental health treatment requirements, not involving the
  7    continuous supervision of a person in an inpatient setting, that  are  reason-
  8    ably  designed  to alleviate or to reduce a person's illness or disability, or
  9    to maintain or prevent deterioration of the person's mental or emotional func-
 10    tioning. The specified requirements may include, but need not be  limited  to,
 11    taking  prescribed medication, reporting to a facility to permit monitoring of
 12    the person's condition, or participating in individual or group therapy or  in
 13    educational or vocational programs. Outpatient commitment may be up to one (1)
 14    year.
 15        (o15) "Protection  and advocacy system" means the agency designated by the
 16    governor as the state protection and advocacy system  pursuant  to  42  U.S.C.
 17    section 15043 and 42 U.S.C. sections 10801 et seq.
 18        SECTION  3.  That  Section  66-318, Idaho Code, be, and the same is hereby
 19    amended to read as follows:
 21    (a1) The director of any facility may admit as a voluntary patient the follow-
 22    ing  persons for observation, diagnosis, evaluation, care or treatment of men-
 23    tal illness:
 24        (1a)  Any person who is eighteen (18) years of age or older;
 25        (2b)  Any individual fourteen (14) to eighteen (18) years of age  who  may
 26        apply  to  be admitted for observation, diagnosis, evaluation, and care or
 27        treatment and the facility director will notify  the  parent,  parents  or
 28        guardian  of  the  individual  of  the admission; a parent or guardian may
 29        apply for the individual's release and the facility director will  release
 30        the  patient within three (3) days, excluding Saturdays, Sundays and legal
 31        holidays, of the application for discharge, unless  the  time  period  for
 32        diagnosis,  evaluation,  care or treatment is extended pursuant to section
 33        66-320, Idaho Code;
 34        (3c)  Any emancipated minor;
 35        (4d)  Any individual under fourteen (14) years of age upon application  of
 36        the  individual's  parent or guardian, provided that admission to an inpa-
 37        tient facility shall require a recommendation for admission  by  a  desig-
 38        nated examiner;
 39        (5e)  Any  individual  who lacks capacity to make informed decisions about
 40        treatment upon application of the  individual's  guardian;  provided  that
 41        admission  to  an  inpatient  facility  shall require a recommendation for
 42        admission by a designated examiner; or
 43        (6f)  Any individual confined for examination pursuant to  section  18-211
 44        or 20-520, Idaho Code.
 45        (b2)  The  director of any facility must refuse admission to any applicant
 46    under this section whenever:
 47        (1a)  The applicant is determined not to be  in need of observation, diag-
 48        nosis, evaluation, care or treatment at the facility;
 49        (2b)  The applicant lacks is determined to lack capacity to make  informed
 50        decisions  about  treatment  unless  the application is made by a guardian
 51        with authority to consent to treatment; or
 52        (3c)  The applicant's welfare or the welfare of society, or both, are bet-
 53        ter protected by the provisions of section 66-329, Idaho Code.
  1        SECTION 4.  That Section 66-324, Idaho Code, be, and the  same  is  hereby
  2    amended to read as follows:
  3        66-324.  AUTHORITY  TO  RECEIVE  INVOLUNTARY PATIENTS. The director of any
  4    facility is authorized to receive therein for observation, diagnosis,  evalua-
  5    tion, care and or treatment any individual:
  6        (1)  Ccommitted  to  the department director pursuant to sections 16-1619,
  7    20-520, 18-212, 18-214 or 66-329, or Idaho Code;
  8        (2)  Ttransferred pursuant to section 66-1201, Idaho Code; or
  9        (3)  Detained or transferred pursuant to section 66-326, Idaho Code.
 10        SECTION 5.  That Section 66-326, Idaho Code, be, and the  same  is  hereby
 11    amended to read as follows:
 12        66-326.  DETENTION  WITHOUT  HEARING.  (a1)  No person shall be taken into
 13    custody or detained as an alleged emergency patient for  observation,  diagno-
 14    sis,  evaluation,  care  or  treatment  of mental illness unless and until the
 15    court has ordered such apprehension and custody under the provisions  outlined
 16    in  section  66-329, Idaho Code; provided, however, that a person may be taken
 17    into custody by a peace officer and placed in a facility, or the person may be
 18    detained at a hospital at which the person presented or was brought to receive
 19    medical or mental health care, if the peace officer  or  a  physician  medical
 20    staff member of such hospital has reason to believe that the person is gravely
 21    disabled  due  to  mental  illness  or the person's continued liberty poses an
 22    imminent danger to that person or others, as evidenced by a threat of substan-
 23    tial physical harm;  provided,  under  no  circumstances  shall  the  proposed
 24    patient be detained in a nonmedical unit used for the detention of individuals
 25    charged  with  or convicted of penal offenses. Whenever a person is taken into
 26    custody or detained under this section without court order, the evidence  sup-
 27    porting the claim of grave disability due to mental illness or imminent danger
 28    must  be  presented  to  a duly authorized court within twenty-four (24) hours
 29    from the time the individual was placed in custody or detained.
 30        (b2)  If the court finds the individual to be gravely disabled due to men-
 31    tal illness or imminently dangerous under subsection (a1) of this section, the
 32    court shall issue a temporary custody order requiring the person to be held in
 33    a facility, and requiring an examination of the person by a  designated  exam-
 34    iner  within  twenty-four  (24)  hours of the entry of the order of the court.
 35    Under no circumstances shall the proposed patient be detained in a  nonmedical
 36    unit  used for the detention of individuals charged with or convicted of penal
 37    offenses.
 38        (c3)  Where an examination is required under subsection (b2) of this  sec-
 39    tion,  the designated examiner shall make his findings and report to the court
 40    within twenty-four (24) hours of the examination.
 41        (d4)  If the designated examiner finds, in his examination under this sec-
 42    tion, that the person is mentally ill, and either is likely to injure  himself
 43    or others or is gravely disabled due to mental illness, the prosecuting attor-
 44    ney  shall  file, within twenty-four (24) hours of the examination of the per-
 45    son, a petition with the court requesting the patient's detention pending com-
 46    mitment proceedings pursuant to the provisions of section 66-329, Idaho  Code.
 47    Upon  the  receipt  of such a petition, the court shall order his detention to
 48    await hearing which shall be within five (5) days (including  Saturdays,  Sun-
 49    days  and  legal  holidays)  of  the  detention order. If no petition is filed
 50    within twenty-four (24) hours of the designated examiner's examination of  the
 51    person, the person shall be released from the facility.
 52        (e5)  Any  person  held  in  custody  under the provisions of this section
  1    shall have the same protection and rights which are  guaranteed  to  a  person
  2    already  committed  to the department director. Upon taking a person into cus-
  3    tody, notice shall be  given  to  the  person's  immediate  relatives  of  the
  4    person's physical whereabouts and the reasons for detaining or taking the per-
  5    son into custody.
  6        (6)  Nothing in this section shall preclude a hospital from transferring a
  7    person  who  has  been detained under this section to another facility that is
  8    willing to accept the transferred  individual  for  purposes  of  observation,
  9    diagnosis, evaluation, care or treatment.
 10        SECTION  6.  That  Section  66-341, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
 12        66-341.  EXEMPTIONS FROM LIABILITY. No agency, public or private facility,
 13    nor an employee of a public or private facility, nor the superintendent,  pro-
 14    fessional  person  in charge, or attending staff of any such facility, nor any
 15    public official performing functions necessary to the administration  of  this
 16    chapter,  nor a peace officer responsible for detaining or transporting a per-
 17    son pursuant to this chapter,  shall  be  civilly  or  criminally  liable  for
 18    detaining,  failing to detain, diagnosing, transporting, treating or releasing
 19    a person pursuant to this chapter; provided that such  duties  were  performed
 20    according  to  the  procedures of this chapter in good faith and without gross
 21    negligence.
 22        SECTION 7.  That Section 66-601, Idaho Code, be, and the  same  is  hereby
 23    amended to read as follows:
 24        66-601.  DEFINITIONS. For the purposes of this chapter, the following def-
 25    initions shall apply:
 26        (1)  "Agent"  means  an  adult  properly  appointed  to make mental health
 27    treatment decisions for a principal under  a  declaration  for  mental  health
 28    treatment and also means an alternative agent.
 29        (2)  "Attending  physician"  means  the licensed physician who has primary
 30    responsibility for the care and treatment of the declarant.
 31        (3)  "Facility" means:
 32        (a)  A designated treatment facility, as  defined  in  section  66-317(g),
 33        Idaho Code;
 34        (b)  A nursing home; or
 35        (c)  An assisted living home.
 36        (4)  "Incapable"  means  that,  by order of a court in a guardianship pro-
 37    ceeding under section 66-322, Idaho Code, or in the opinion of two (2)  physi-
 38    cians that include a psychiatrist, or in the opinion of a physician and a pro-
 39    fessional  mental health clinician, a person's ability to receive and evaluate
 40    information effectively or communicate decisions is impaired to such an extent
 41    that the person currently lacks the capacity to make mental  health  treatment
 42    decisions.
 43        (5)  "Mental  health  treatment" means electroconvulsive treatment, treat-
 44    ment with psychotropic medication  or  short-term  admission  to  a  treatment
 45    facility for a period not to exceed seventeen (17) days.
 46        (6)  "Mental  illness" means a substantial disorder of thought, mood, per-
 47    ception, orientation or memory, which grossly impairs judgment,  behavior,  or
 48    capacity to recognize and adapt to reality.
 49        (7)  "Professional  mental health clinician" means an individual who holds
 50    an earned master's level or higher degree in social work  from  an  accredited
 51    program; a registered nurse with an earned master's degree or higher degree in
  1    nursing  with a specialization in psychiatric or mental health nursing from an
  2    accredited program; an individual who holds an earned master's level or higher
  3    degree in psychology from an accredited program; or an individual who holds an
  4    earned master's level or higher degree  in  counseling,  marriage  and  family
  5    therapy  or  other closely related degree. Additionally, professionals in each
  6    category must have at least two (2) years  experience  in  a  clinical  mental
  7    health setting.

Statement of Purpose / Fiscal Impact

     REPRINT        REPRINT        REPRINT        REPRINT 
                      STATEMENT OF PURPOSE

                             RS 16145

Idaho Code Section 66-301 et seq. concerns the hospitalization of
persons with mental illness.  A problem arises under the current
statute when a gravely disabled patient (i.e., one who poses a
risk to themselves or others) refuses care or seeks to leave a

The purpose of this legislation is to clarify certain statutory
provisions and authorize hospitals to detain a gravely disabled
person for 24 hours.  The same conditions and limits would apply
to hospitals as currently apply to law enforcement.  Accordingly,
the proposed amendment would: (1) protect gravely disabled
persons, health care providers, and the public; (2) reduce the
demands on law enforcement; and(3) retain the substantive and
procedural protections currently afforded to individuals who
would otherwise be detained by law enforcement. 

                           FISCAL NOTE

There is no fiscal impact on the general fund.

Name: Steven A. Millard 
Phone: (208) 338-5100
Name: Representative Kathie Garrett
(208) 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                           H 734