TITLE 56

PUBLIC ASSISTANCE AND WELFARE

CHAPTER 19 [21]

CRISIS RESPONSE FOR PERSONS WITH A NEUROCOGNITIVE DISORDER

56-1903 [56-2103].  DEFINITIONS. As used in this chapter:

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

(2)  "Health care provider" means a person licensed, certified, or otherwise authorized by law to administer health care services in the ordinary course of business or practice of a profession, including a physician, physician assistant, and advanced practice registered nurse.

(3)  "Health care services" means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.

(4)  "Hospital" means a medical hospital as defined in section 39-1301, Idaho Code, including freestanding emergency departments.

(5)  "Likely to injure themselves or others" means:

(a)  A substantial risk that serious physical harm will be inflicted by the person upon their own person, as evidenced by threats of suicide or threats to inflict serious physical harm on themselves;

(b)  A substantial risk that serious physical harm will be inflicted by the person 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 person lacks insight into the need for treatment and is unable or unwilling to comply with treatment based on the person’s medical history, clinical observation, or other clinical evidence, and if the person does not receive and comply with treatment, there is a substantial risk that the person will continue to physically, emotionally, or cognitively deteriorate to the point that the person will, in the reasonably near future, inflict serious physical harm on themselves or another person.

(6)  "Neurocognitive disorder" has the same meaning as provided in section 66-317(13), Idaho Code, except that for purposes of this chapter neurocognitive disorder does not include decreased mental function due to inappropriate use or abuse of substances or medications.

(7)  "Peace officer" means an employee of a law enforcement agency that is a part of or administered by the state or any political subdivision of the state and whose duties include and primarily consist of the prevention and detection of crime and the enforcement of penal, traffic, or highway laws of the state or any political subdivision of the state. Peace officer also means an employee of a police or law enforcement agency of a federally recognized Indian tribe who has satisfactorily completed the peace officer standards and training academy and has been deputized by a sheriff of a county or a chief of police of a city of the state of Idaho.

(8)  "Protective custody" means when a peace officer detains a person and takes such person to a hospital. The peace officer shall make every reasonable effort to protect the person’s health and safety while the peace officer takes reasonable steps to protect the peace officer’s safety. Protective custody under this section is not an arrest.

History:

[56-1903 [56-2103], added 2024, ch. 264, sec. 1, p. 918.]