TITLE 66

STATE CHARITABLE INSTITUTIONS

CHAPTER 3

HOSPITALIZATION OF MENTALLY ILL

66-317.  Definitions. As used in this chapter:

(1)  "Department director" means the director of the state department of health and welfare.

(2)  "Voluntary patient" means an individual admitted to a facility for evaluation pursuant to section 18-211, Idaho Code, or admitted to a facility for observation, diagnosis, evaluation, care, or treatment pursuant to section 66-318, Idaho Code.

(3)  "Involuntary patient" means an individual committed pursuant to section 18-212, 66-329, or 66-1201, Idaho Code.

(4)  "Designated examiner" means a psychiatrist, psychologist, psychiatric nurse, or social worker and such other mental health professionals as may be designated in accordance with rules promulgated pursuant to the provisions of chapter 52, title 67, Idaho Code, by the department of health and welfare. Any person designated by the department director or the department director’s designee will be specially qualified by licensure, training, and experience in the diagnosis and treatment of mental or mentally related illnesses or conditions.

(5)  "Dispositioner" means a designated examiner employed by or under contract with the department of health and welfare and designated by the department director to determine the appropriate location for care and treatment of involuntary patients.

(6)  "Facility" means any public or private hospital, state hospital, institution, mental health center, or other organization designated in accordance with rules adopted by the board of health and welfare as equipped to initially hold, evaluate, rehabilitate, or provide care or treatment, or both, for the mentally ill.

(7)  "Lacks capacity to make informed decisions about treatment" means the inability, by reason of mental illness, to achieve a rudimentary understanding after conscientious efforts at explanation of the purpose, nature, and possible significant risks and benefits of treatment.

(8)  "Inpatient treatment facility" means a facility in which an individual receives medical and mental treatment for not less than a continuous twenty-four (24) hour period.

(9)  "Supervised residential facility" means a facility, other than the individual’s home, in which the individual lives and in which there live, or are otherwise on duty during the times that the individual’s presence is expected, persons who are employed to supervise, direct, treat, or monitor the individual.

(10) "Likely to injure himself or others" means:

(a)  A substantial risk that physical harm will be inflicted by the proposed patient upon his own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on himself; or

(b)  A substantial risk that physical harm will be inflicted by the proposed patient upon another as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or

(c)  The proposed patient lacks insight into his need for treatment and is unable or unwilling to comply with treatment and, based on his psychiatric history, clinical observation or other clinical evidence, if he does not receive and comply with treatment, there is a substantial risk he will continue to physically, emotionally or mentally deteriorate to the point that he will, in the reasonably near future, inflict physical harm on himself or another person.

(11) "Mentally ill" means a condition resulting in a substantial disorder of thought, mood, perception, or orientation that grossly impairs judgment, behavior, or capacity to recognize and adapt to reality and requires care and treatment at a facility or through outpatient treatment. However, the term "mentally ill" does not include conditions discussed in section 66-329(13)(a), Idaho Code.

(12) "Gravely disabled" means the condition of a person who, as the result of mental illness, has demonstrated an inability to:

(a)   Attend to basic physical needs, such as medical care, food, clothing, shelter, or safety;

(b)   Protect himself from harm or victimization by others;

(c)  Exercise sufficient behavioral control to avoid serious criminal justice involvement; or

(d)  Recognize that he is experiencing symptoms of a serious mental illness and lacks the insight into his need for treatment, whereby the subsequent absence of treatment may result in deterioration of his condition such that any of the circumstances listed in this subsection may be satisfied in the near future.

(13) "Neurocognitive disorder" means decreased mental function due to a medical disease other than a psychiatric illness, including:

(a)  Alzheimer’s disease;

(b)  Frontotemporal lobar degeneration;

(c)  Lewy body dementia;

(d)  Vascular dementia;

(e)  Traumatic brain injury;

(f)  Inappropriate use or abuse of substances or medications;

(g)  Infection with human immunodeficiency virus;

(h)  Prion diseases;

(i)  Parkinson’s disease; or

(j)  Huntington’s disease.

(14) "Outpatient treatment" means mental health treatment, not involving the continuous supervision of a person in an inpatient setting, that is reasonably designed to alleviate or to reduce a person’s mental illness or to maintain or prevent deterioration of the person’s physical, mental, or emotional functioning. Mental health services or treatment may include, but need not be limited to, taking prescribed medication, reporting to a facility to permit monitoring of the person’s condition, or participating in individual or group therapy.

(15) "Protection and advocacy system" means the agency designated by the governor as the state protection and advocacy system pursuant to 42 U.S.C. 15043 and 42 U.S.C. 10801 et seq.

(16) "Holding proceedings in abeyance" means an alternative to judicial commitment based on an agreement entered into by all parties, including the proposed patient, and agreed to by the court, providing for voluntary conditions of treatment, which hold in a state of suspension or inactivity the petition for involuntary commitment.

(17)  "Senior designated examiner" means a licensed psychiatrist, licensed psychologist, licensed physician, or any of the following who has three (3) years of experience as a designated examiner and five (5) years of post-master’s degree experience in a mental health field and who has been approved by the department director or the department director’s designee to act as a senior designated examiner:

(a)  A licensed clinical social worker;

(b)  A licensed clinical professional counselor; or

(c)  A licensed marriage and family therapist.

History:

[66-317, added 1951, ch. 290, sec. 1, p. 622; am. 1959, ch. 207, sec. 1, p. 439; am. 1969, ch. 187, sec. 1, p. 552; am. 1972, ch. 44, sec. 1, p. 67; am. 1973, ch. 173, sec. 1, p. 363; am. 1974, ch. 165, sec. 5, p. 1405; am. 1981, ch. 114, sec. 9, p. 174; am. 1982, ch. 59, sec. 6, p. 95; am. 1986, ch. 84, sec. 1, p. 243; am. 1998, ch. 90, sec. 1, p. 315; am. 2001, ch. 107, sec. 21, p. 370; am. 2002, ch. 128, sec. 1, p. 357; am. 2003, ch. 249, sec. 2, p. 643; am. 2004, ch. 315, sec. 1, p. 885; am. 2005, ch. 391, sec. 59, p. 1315; am. 2006, ch. 214, sec. 2, p. 645; am. 2008, ch. 331, sec. 1, p. 910; am. 2022, ch. 93, sec. 1, p. 262.]