HB0230 - Detoxification commitment.
|
2001 |
State of Wyoming |
01LSO-0278 |
HOUSE BILL NO. HB0230
Detoxification commitment.
Sponsored by: Representative(s) Luthi, Miller, D. and
Osborn and
Senator(s) Schiffer
A BILL
for
1 AN ACT relating to the
public health and safety; providing
2 for
the commitment of individuals abusing alcohol or drugs;
3
specifying grounds for commitments, emergency commitments
4 and
recommitments; generally implementing process for
5
commitments; specifying petition and examination
6
requirements, appointment of counsel, length of
7
commitments, payment of costs and other procedures;
8
providing for law enforcement duties and duties of others
9
involved in commitment proceedings; specifying nonliability
10 of law enforcement officers; allowing for
voluntary
11 commitment; requiring that records be kept
confidential;
12 and providing for an effective date.
13
14 Be It Enacted by the Legislature of the State of Wyoming:
15
Page 1
1 Section
1. W.S.
35-28-101 through 35-28-127 are
2
created to read:
3
4 35-28-101. Definitions.
5
6 (a) As used in this act:
7
8 (i) "Administrator"
means the administrator of
9 an
approved treatment facility or his designee;
10
11 (ii) "Approved
private treatment facility" means
12 a private facility meeting the standards
prescribed in
13 regulations of the department for the care
and treatment of
14 substance abusers;
15
16 (iii) "Approved
public treatment facility" means
17 any institution under the supervision of the
department and
18 approved by the department for the care and
treatment of
19 substance abusers, or any public institution
approved by
20 the department for the care and treatment of
substance
21 abusers, but not specifically under the
supervision of the
22 department;
23
Page 2
1 (iv) "Approved
treatment facility" includes an
2
approved private treatment facility or an approved public
3
treatment facility;
4
5 (v) "Dangerous
to himself or others" means that,
6 a
person:
7
8 (A) Evidences a
substantial probability of
9
physical harm to himself as manifested by evidence of
10 recent threats of or attempts at suicide or
serious bodily
11 harm;
12
13 (B) Evidences a
substantial probability of
14 physical harm to other individuals as
manifested by a
15 recent overt homicidal act, attempt or
threat or other
16 violent act, attempt or threat which places
others in
17 reasonable fear of serious physical harm to
them; or
18
19 (C) Evidences
behavior manifested by recent
20 acts or omissions that, due to the use of
alcohol or drugs,
21 he is unable to satisfy basic needs for
nourishment,
22 essential medical care, shelter or safety so
that a
23 substantial probability exists that death,
serious physical
24 injury, serious physical debilitation or
serious physical
Page 3
1
disease will imminently ensue, unless the individual
2
receives prompt and adequate treatment for this condition.
3 No
person, however, shall be deemed to be unable to satisfy
4 his
need for nourishment, essential medical care, shelter
5 or
safety if he is able to satisfy those needs with the
6
supervision and assistance of others who are willing and
7
available.
8
9 (vi) "Department"
means the department of health
10 created by W.S. 9-2-101;
11
12 (vii) "Incapacitated
by alcohol or drugs" means
13 that a person, as a result of the use of
alcohol or drugs,
14 is unconscious or has his judgment otherwise
so impaired
15 that he is incapable of realizing and making
rational
16 decisions;
17
18 (viii) "Intoxicated
person" means a person whose
19 mental or physical functioning is
substantially impaired as
20 a result of the use of alcohol or drugs;
21
22 (ix) "Petitioner"
means the person filing an
23 application for initial commitment of a
person under this
Page 4
1
act, or in the case of a petition for recommitment the
2
person filing that petition;
3
4 (x) "Physician"
means an individual licensed
5
under the laws of this state to practice medicine or a
6
physician in the service of the United States government
7
while in this state in the performance of his official
8
duties;
9
10 (xi) "Practice
of addictions therapy" means
11 providing services based on theory and
methods of
12 counseling, psychotherapy and addictionology
to persons who
13 are experiencing cognitive, affective or
behavioral
14 psychosocial dysfunction as a direct or
indirect result of
15 addiction, chemical dependency, abuse of
chemical
16 substances or related disorders. The
practice of addictions
17 therapy includes, but is not limited to,
addiction
18 prevention, crisis intervention, diagnosis,
referral,
19 direct treatment and follow-up treatment
which is rendered
20 to individuals, families, groups,
organizations, schools
21 and communities who are adversely affected
by addictions or
22 related disorders;
23
Page 5
1 (xii) "Substance
abuser" means a person whose
2 use
of alcohol or other mind altering substances is causing
3 substantial
impairment or danger to the person's health or
4
ability to function socially or economically;
5
6 (xiii) "Treatment"
means the broad range of
7
emergency, outpatient, intermediate and inpatient services
8 and
care, including diagnostic evaluation, medical,
9
psychiatric, psychological and social service care,
10 vocational rehabilitation and career
counseling, which may
11 be extended to substance abusers and
intoxicated persons;
12
13 (xiv) "This
act" means W.S. 35-28-101 through
14 35-28-127.
15
16 35-28-102. Protective custody for
intoxicated or
17 incapacitated persons.
18
19 Any person who appears to be intoxicated or incapacitated
20 by alcohol or drugs in a public place and is
dangerous to
21 himself or others may be taken into
protective custody by
22 law enforcement authorities, acting with
probable cause,
23 and if taken into protective custody, shall
be taken
24 forthwith to an approved treatment facility
or county jail
Page 6
1 offering detoxification
services for emergency commitment.
2 If
emergency commitment is not appropriate, as determined
3 by
the administrator of the facility, the person may be
4
detained as a patient in protective custody until no longer
5
intoxicated, or up to seventy-two (72) hours after
6
admission in either an approved treatment facility or
7
county jail offering detoxification services, but only
8
until he is no longer intoxicated or incapacitated or only
9 so
long as he is no longer dangerous to himself or others.
10
11 35-28-103. Duty of detaining officer.
12
13 Any law enforcement officer, in detaining a person pursuant
14 to W.S. 35-28-102 and in taking him to an
approved
15 treatment facility or county jail offering
detoxification
16 services, for emergency commitment is taking
him into
17 protective custody and shall make every
reasonable effort
18 to protect his health and safety. In taking
the person into
19 protective custody, the detaining officer
may take
20 reasonable steps to protect himself. Taking
a person into
21 protective custody under this section is not
an arrest. No
22 entry or other record shall be made to
indicate that the
23 person has been arrested or charged with a
crime.
24
Page 7
1 35-28-104. Law enforcement officers not liable.
2
3 Law enforcement
authorities who act in compliance with W.S.
4 35-28-102
and 35-28-103 are acting in the course of their
5
official duty and are not criminally or civilly liable for
6
their actions.
7
8 35-28-105. Grounds for emergency commitment.
9
10 (a) An
intoxicated person may be committed to an
11 approved treatment facility or county jail
offering
12 detoxification services for emergency
treatment if the
13 person:
14
15 (i) Is
incapacitated by the effects of alcohol;
16 and
17
18 (ii) Is dangerous to himself or others.
19
20 35-28-106. Contents of written
commitment
21 application.
22
23 Any law enforcement officer, physician, spouse, guardian or
24 relative of the person to be committed, or
any other
Page 8
1 responsible person, may
make a written application for
2
commitment under W.S. 35-28-105 directed to the
3
administrator of an approved treatment facility. The
4 application
shall state the circumstances requiring
5
emergency commitment, including the applicant's personal
6
observations and the specific statements of others, if any,
7
upon which the person making the application relies.
8
9 35-28-107. Confinement of disruptive detainee.
10
11 If any person taken into protective custody, pursuant to
12 W.S. 35-28-102 or detained under emergency
commitment
13 pursuant to W.S. 35-28-105, is disruptive
beyond the
14 ability of the treatment facility or county
jail offering
15 detoxification services to control the
person's behavior,
16 or leaves without staff approval, the
facility
17 administrator shall contact law enforcement
authorities who
18 may further detain the person at whatever
level of
19 confinement is necessary to protect the
detainee or others.
20
21 35-28-108. Refusal of application.
22
23 The administrator of an approved treatment facility shall
24 refuse an application if the application
fails to sustain
Page 9
1 the grounds for
emergency commitment set forth in W.S.
2 35-28-105.
The person detained shall be immediately
3
released and shall be encouraged to seek voluntary
4
treatment if appropriate, unless the person is under
5
protective custody. In that event the person may be
6
detained until no longer intoxicated, or up to seventy-two
7
(72) hours after admission.
8
9 35-28-109. Approval of admission.
10
11 Upon approval of the application by the administrator of an
12 approved treatment facility, the person
shall be retained
13 or brought to the facility by a law
enforcement officer or
14 any other interested person. The person
shall be retained
15 at the facility to which he was admitted, or
transferred to
16 another appropriate approved treatment
facility, until
17 discharged under W.S. 35-28-112.
18
19 35-28-110. Payment for treatment under
emergency
20 commitment.
21
22 (a) Subject to
the provisions of subsection (d) of
23 this section, the county in which involuntary
commitment
24 proceedings are brought shall pay the costs
of:
Page 10
1
2 (i) Detention,
including costs of medical
3
treatment for those conditions demanding immediate medical
4
attention;
5
6 (ii) Proceedings
for detention or involuntary
7
commitment pursuant to W.S. 35-28-102, 35-28-105 or
8 35-28-113.
The costs of these proceedings include the cost
9 of
appointed counsel, licensed physicians and licensed
10 professional counselors; and
11
12 (iii) Clothing,
if the person does not have and
13 cannot afford to purchase adequate clothing.
14
15 (b) Subject to
the provisions of subsections (c) and
16 (d) of this section, when a detained person
or proposed
17 patient is not a resident of Wyoming, the
department shall
18 pay the costs listed in paragraphs (a)(i)
through (iii) of
19 this section.
20
21 (c) Subject to
the provisions of subsection (d) of
22 this section, if an involuntary commitment
is ordered
23 pursuant to W.S. 35-28-120, the county's
liability for
24 costs shall at that time terminate, if the
county attorney
Page 11
1
notifies the department of the order. Any costs of
2
treatment incurred after the department is notified of the
3
involuntary commitment order, all costs of transportation
4 and
all involuntary commitment costs shall be paid by the
5
department for persons committed as a result of this act.
6
7 (d) An approved
treatment facility shall attempt to
8
recover all costs of treatment from public and private
9
health insurance, from persons committed or persons
10 obligated to pay on their behalf, and from
government
11 benefit programs prior to seeking payment
from the county
12 or the department under this section.
13
14 35-28-111. Patient's right to receive
copy of an
15 application for commitment; right to counsel.
16
17 A copy of the written application for commitment and a
18 written explanation of the person's right to
counsel shall
19 be given to the person within twenty-four
(24) hours after
20 the commitment by the administrator, who
shall provide a
21 reasonable opportunity for the person to
consult counsel.
22
23 35-28-112. Maximum period of detention.
24
Page 12
1 No person committed
under W.S. 35-28-105 shall be detained
2 in
any treatment facility for more than five (5) days
3
excluding Saturdays, Sundays and legal holidays. If a
4
petition for involuntary commitment under W.S. 35-28-113
5 has
been filed within the five (5) days, excluding
6
Saturdays, Sundays and legal holidays, and the
7
administrator of an approved treatment facility finds that
8
grounds for emergency commitment still exist, he may detain
9 the
person until the petition has been heard and
10 determined, but no longer than ten (10)
days, excluding
11 Saturdays, Sundays and legal holidays after
filing the
12 petition.
13
14 35-28-113. Petition for involuntary commitment.
15
16 (a) A person
may be committed by the district court
17 upon the petition of his spouse or guardian,
a relative, a
18 physician, the administrator of any approved
treatment
19 facility or any other responsible person.
Any person
20 applying for commitment shall do so to the
district court
21 through the clerk of court of the county in
which the
22 person to be committed resides or is
present.
23
Page 13
1 (b) Unless the
proposed patient is represented by
2
counsel the court shall appoint an attorney to represent
3
him.
4
5 (c) Proceedings
in this section shall be entitled "In
6 the
interest of ....". The county attorney of the county
7
where the application is filed shall appear in the public
8
interest.
9
10 (d) Upon
receipt of an application, the court shall
11 issue notice thereof to the proposed
patient, the person
12 responsible for the care or custody of the
proposed patient
13 and other persons designated by the court.
The notice shall
14 be served as provided by the Wyoming Rules
of Civil
15 Procedure.
The notice shall apprise the proposed patient:
16
17 (i) Of the purpose of the proceeding;
18
19 (ii) Of the
identity of the appointed examiner,
20 and his authority to conduct an examination;
21
22 (iii) Of his
right to counsel, the identity of
23 counsel appointed by the court to represent
him and his
24 right to counsel of his own selection;
Page 14
1
2 (iv) Of the
requirements for an involuntary
3
commitment order under this act;
4
5 (v) Of the
basis for the proposed
6
hospitalization, including a detailed statement of the
7
facts and supporting testimony; and
8
9 (vi) That a
hearing will be held if warranted by
10 the report of the examination of the
proposed patient.
11
12 35-28-114. Duties of county attorney.
13
14 (a) The county
attorney appearing in the public
15 interest shall investigate the grounds upon
which the
16 application is based and shall within five
(5) days
17 excluding Saturdays, Sundays and legal
holidays, submit a
18 petition for commitment, provide notice as
provided by the
19 Wyoming Rules of Civil Procedure. The notice
shall apprise
20 the proposed patient:
21
22 (i) Of the purpose of the proceeding;
1 (ii) Of his
right to counsel, the identity of
2
counsel appointed by the court to represent him and his
3
right to counsel of his own selection;
4
5 (iii) Of the
requirements for an involuntary
6
commitment under this section;
7
8 (iv) Of the
basis for the proposed commitment,
9 including
a detailed statement of the facts and supporting
10 testimony; and
11
12 (v) That a hearing will be held if warranted.
13
14 (b) The county
attorney shall provide a written
15 report to the district court as to whether
probable cause
16 exists that the person named in the petition
is a substance
17 abuser. All information obtained as a result
of the
18 investigation and written report shall be
documented and
19 made a part of the record of any further
proceedings. The
20 petition shall allege that the person is a
substance abuser
21 who habitually lacks self-control as to the
use of
22 alcoholic beverages or other drugs and that
he:
23
Page 16
1 (i) Has
threatened, attempted or inflicted
2
physical harm on himself or on another and that unless
3
committed is likely to inflict harm on himself or on
4
another; or
5
6 (ii) Is
incapacitated by the effects of alcohol
7 or
drugs. A refusal to undergo treatment does not
8 constitute
evidence of a lack of judgment as to the need
9 for
treatment.
10
11 35-28-115. Hearing on petition.
12
13 Upon filing of a petition under W.S. 35-28-113,
the court
14 shall fix a date for a hearing not later
than ten (10) days
15 excluding Saturdays, Sundays and legal
holidays after the
16 date the petition was filed. A copy of the
petition and of
17 the notice of the hearing, including the
date fixed by the
18 court, shall be served on the petitioner,
the person whose
19 commitment is sought, the person's next of
kin other than
20 the petitioner, a parent or legal guardian
if commitment of
21 a minor is sought, the administrator in
charge of the
22 approved treatment facility to which the
person has been
23 committed for emergency care and any other
person the court
Page 17
1
believes advisable. A copy of the petition and
2
certification shall be delivered to each person notified.
3
4 35-28-116. Testimony at the hearing.
5
6 (a) At the
hearing the court shall hear all relevant
7
testimony, including if possible, the testimony of at least
8 one
(1) licensed physician or one (1) licensed counselor
9 who
is engaged in the practice of addictions therapy who
10 has examined the person whose commitment is
sought.
11
12 (b) The court
shall determine whether the petitioner
13 represented by the county attorney has shown
by a clear and
14 convincing standard that the person is
incapacitated by the
15 effects of alcohol or drugs.
16
17 35-28-117. Court appointed physician and counselor.
18
19 If the person has refused to be examined by a licensed
20 physician or a licensed counselor engaged in
the practice
21 of addictions therapy, he shall be given an
opportunity to
22 be examined by a court-appointed licensed
physician or
23 licensed professional counselor engaged in
the practice of
24 addictions therapy. If he refuses and there
is sufficient
Page 18
1 evidence to believe that
the allegations of the petition
2 are
true, or if the court believes that more evidence is
3
necessary, the court may order a temporary commitment to an
4
approved treatment facility for a period of not more than
5
five (5) days for purposes of a diagnostic examination.
6
7 35-28-118. Compensation of a court
appointed
8 physician and counselor by
county.
9
10 A licensed physician or licensed professional counselor
11 practicing addictions therapy appointed by
the court to
12 examine and assess a person for the purposes
of involuntary
13 commitment shall be paid by the county where
the hearing
14 and commitment proceedings take place, or by
the department
15 if so provided under W.S. 35-28-110, at a
rate to be fixed
16 by the district court judge. The county or
department shall
17 seek reimbursement for such expense as
provided under W.S.
18 35-28-110(d).
19
20 35-28-119. Order for involuntary commitment.
21
22 If after hearing all relevant evidence, including the
23 results of any diagnostic examination, the
court finds that
24 grounds for involuntary commitment have been
established by
Page 19
1 clear and convincing
evidence, it shall make an order of
2
commitment to any appropriate approved treatment facility.
3
4 35-28-120. Discharge before end of commitment period.
5
6 (a) A person
committed for treatment shall be
7
discharged at any time before the end of the period for
8
which he has been committed if either of the following
9
conditions is met:
10
11 (i) In case of
commitment on the grounds of
12 likelihood of infliction of physical harm
upon himself or
13 another, that the likelihood of such harm no
longer exists;
14 or
15
16 (ii) In case of
commitment on the grounds of the
17 need of treatment and incapacity, that the
incapacity no
18 longer exists, further treatment will not be
likely to
19 bring about significant improvement in the
person's
20 condition, or treatment is no longer
adequate or
21 appropriate.
22
23 35-28-121. Maximum period of involuntary commitment.
24
Page 20
1 Any person committed
under W.S. 35-28-113 shall remain for
2
treatment for a period not to exceed ninety (90) days
3
unless sooner discharged. At the end of the ninety (90) day
4
period, he shall be discharged automatically unless the
5
administrator of the facility to which the patient is
6
committed prior to expiration of the period obtains a court
7
order for recommitment upon the grounds set forth in W.S.
8 35-28-113
for recommitment for a further period not to
9
exceed ninety (90) days.
10
11 35-28-122. Hearing on petition for recommitment.
12
13 Upon the filing of a petition for recommitment under W.S.
14 35-28-122, the court shall fix a date for
hearing no later
15 than ten (10) days, excluding Saturdays,
Sundays or legal
16 holidays, after the date the petition was
filed. A copy of
17 the petition and of the notice of hearing,
including the
18 date fixed by the court, shall be served on
the petitioner,
19 the original petitioner under W.S. 35-28-113
if different
20 from the petitioner for recommitment, at
least one (1)
21 parent or legal guardian if a minor and any
other person
22 the court believes advisable. At the hearing
the court
23 shall proceed as provided in this act for an
original
24 petition.
Page 21
1
2 35-28-123. Discharge from recommitment.
3
4 A person recommitted
under W.S. 35-28-123 who has not been
5
discharged before the end of the ninety (90) day period
6
shall be automatically discharged at the expiration of that
7
period unless the administrator of the facility to which
8 the
patient is committed prior to expiration of the period,
9
obtains a court order on the grounds set forth in this act
10 for recommitment for a further period not to
exceed ninety
11 (90) days.
12
13 35-28-124. Duties of department of
health as to
14 approved private or public treatment facility.
15
16 (a) The department shall:
17
18 (i) Adopt
standards governing approved private
19 and public treatment facilities;
20
21 (ii) Designate
private and public treatment
22 facilities as "approved private"
or "approved public"
23 treatment facilities;
24
Page 22
1 (iii) Enter into
contracts with approved public
2 or
private treatment facilities for the treatment of
3
persons under the provisions of this act;
4
5 (iv) Require
reports from the public or private
6
treatment facilities concerning the services rendered to
7 patients
under the provisions of this act;
8
9 (v) Visit each
approved public and private
10 treatment facility at least once a year to
review methods
11 of treatment for all patients being treated
under the
12 provisions of this act;
13
14 (vi) Investigate
complaints made by or on behalf
15 of patients who are incapacitated by alcohol
or drugs; and
16
17 (vii) Promulgate
rules and regulations necessary
18 to administer this act.
19
20 35-28-125. Voluntary patients.
21
22 (a) Upon the
recommendation of the director of the
23 department of health or his designee, the
administrator of
24 any approved treatment facility shall
receive any substance
Page 23
1
abuser who applies to be received into the facility, treat
2 him
in the same manner as if committed by the district
3
court and release him pursuant to the rules and regulations
4 of
the department.
5
6 (b) If a
voluntary patient leaves an approved public
7
treatment facility with or against the advice of the
8
administrator in charge of the facility, the division shall
9
make reasonable provisions for his transportation to
10 another facility or to his home.
11
12 (c) Any
resident of the state who voluntarily submits
13 himself for treatment shall not forfeit any
of his rights
14 as a citizen of the state of Wyoming. The
fact that he has
15 submitted himself for treatment or that he
has been given
16 help or guidance shall not be used against
him in any
17 proceeding in any court. The record of any
such voluntary
18 patient shall be confidential and shall not
be divulged
19 except on order of the court. Voluntary
patients may be
20 required to pay the cost of their treatment
and care.
21
22 (d) The
administrator of an approved treatment
23 facility shall discharge any patient
admitted pursuant to
Page 24
1
this section who no longer needs treatment at the approved
2
treatment facility.
3
4 35-28-126. Transfer to another facility.
5
6 The administrator of the
facility to which the person was
7
committed may transfer any person committed to its custody
8
from one approved treatment facility to another if transfer
9 is
advisable based on the committed person's needs. A
10 written report shall state the reasons why
transfer to
11 another facility or program is necessary to
meet the
12 treatment needs of the committed person.
Notice of the
13 transfer and the reasons therefor shall be
given to the
14 court, the person's attorney and the
person's immediate
15 family, subject to rules of confidentiality.
16
17 35-28-127. Records to be kept
confidential;
18 exceptions.
19
20 (a) Records and
reports made under this act which
21 directly or indirectly identify a patient, a
former patient
22 or an individual for whom an application for
treatment has
23 been filed, shall be confidential and shall
not be
24 disclosed by any person unless:
Page 25
1
2 (i) The patient
or, if he is a minor or
3 incompetent,
his parent or guardian, consents;
4
5 (ii) Disclosure
is necessary to carry out this
6
act; or
7
8 (iii) A court
determines disclosure is necessary
9 for
the conduct of proceedings before it and failure to
10 disclose would be contrary to the public
interest.
11
12 (b) Patient
records identified in subsection (a) of
13 this section may be provided without consent
of the
14 patient, parent or guardian by and between
approved
15 treatment facilities, only for the purpose
of facilitating
16 referral treatment, admission, readmission
or transfer of
17 the patient under this act.
18
19 Section 2. This act is effective July 1, 2001.
20
21 (END)
Page 26