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S.F. No. 0040 |
Involuntary hospitalization and treatment. |
Sponsored By: Joint Judiciary Interim Committee
AN ACT relating to hospitalization and treatment of mentally
ill persons; modifying procedures for involuntary hospitalization; providing
for involuntary outpatient treatment; providing for and modifying definitions;
amending provisions relating to representation by the state and county;
amending provisions relating to payment by the county and by the state;
repealing provisions; and providing for an effective date.
1/8/2014 Bill Number Assigned
2/10/2014 S Received for Introduction
2/11/2014 S Introduced and Referred to S01
ROLL CALL
Ayes:
Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns,
Case, Christensen, Coe, Cooper, Craft, Dockstader, Driskill,
Emerich, Esquibel, F.,
Geis, Hastert, Hines, Johnson, Landen, Nicholas, P., Nutting, Perkins, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Nays:
Senator(s) Hicks, Meier and Peterson
Ayes 27
Nays 3 Excused
0 Absent 0 Conflicts 0
2/17/2014 S01 Recommended Amend and Do Pass
ROLL CALL
Ayes:
Senator(s) Burns, Christensen, Esquibel, F.,
Hicks and Schiffer
Ayes 5
Nays 0 Excused
0 Absent 0 Conflicts 0
2/17/2014 S Placed on General File
SF0040SS001/ADOPTED
Page 1-line 7 After
"provisions;" insert "specifying duty of county attorney;"
Page 1-line 12 After "W.S." insert "18‑3‑302(a) by creating a new paragraph (iv) and renumbering (iv)
as (v),".
Page 2-After line 19 Insert:
"18‑3‑302. Duties generally; employment of other attorneys by county.
(a) Each county attorney shall:
(iv) Initiate and pursue proceedings for
involuntary hospitalization and involuntary outpatient treatment as provided in
W.S. 25‑10‑101 through 25‑10‑127;
(iv)(v) Perform other duties as prescribed by law.".
Page 6-lines 4 through 23 Delete and insert:
"(xiii) "Evaluator" means a person who is:
(A) Employed by a treatment
facility or who has a contract with the department to conduct evaluations;
(B) Is trained in risk
assessment; and
(C) Is a licensed:
(I) Psychiatrist or physician;
(II) Psychologist;
(III) Professional counselor,
addictions therapist, clinical social worker or marriage and family therapist;
(IV) Physician's assistant;
(V) Advanced practice registered
nurse with a clinical specialty in psychiatric and mental health nursing
working in collaboration with a licensed physician; or
(VI) Nurse
practitioner.".
Page 7-lines 1 through 18 Delete.
Page 9-line 11 Delete ":"
insert "a danger to himself or others;".
Page 9-lines 13 through 15 Delete.
Page 14-line 3 After "act" insert "in
accordance with the terms and conditions of the contract".
Page 16-line 20 Reinsert stricken "twenty-four
(24)"; delete and strike balance of line.
Page 16-line 24 Before "patient" insert "hours if the".
Page 17-line 13 Delete "twenty-four (24)" insert "thirty-six
(36)."
Page 17-line 14 Delete "thirty-six (36)" insert "forty-eight
(48)".
Page 18-line 15 After "evaluator."
insert "If the patient remains detained after
the second evaluation under subsection (c) of this section, the evaluator shall
immediately notify the district court and county attorney of the county in
which the patient is detained of the facts of the continued detention.".
Page 22-line 19 After "proceedings" insert "; duties of county attorney".
Page 23-line 8 Delete "The county attorney"
insert "The duty of initiating and prosecuting
proceedings for involuntary hospitalization or involuntary outpatient treatment
under this section rests with the county attorney who".
Page 24-line 14 After "section"
insert "and except for hearings on applications
for involuntary hospitalization or involuntary outpatient treatment filed under
W.S. 25‑10‑109(j)(v)".
Page 36-line 13 Reinsert stricken ",".
Page 36-line 15 Delete new language.
Page 36-line 16 Delete through "jurisdiction,".
Page 37-line 2 After "district attorney" insert "," and delete balance of line.
Page 37-line 3 Delete.
Page 37-line 4 Delete "jurisdiction,".
Page 44-line 12 Delete "25‑10‑123,".
Renumber as necessary.
SCHIFFER, CHAIRMAN
2/20/2014 S Passed COW
SF0040S2001/ADOPTED
Page 22-line 21 After "Proceedings" strike
all existing language and delete all new language and insert "under this
section shall be entitled "In the Interest of ...". The county
attorney of the county where the patient is initially detained shall file the
written application, appear in and pursue the involuntary hospitalization or
involuntary outpatient treatment proceedings if the county attorney is
satisfied that there is reasonable cause to believe that the patient is
mentally ill. Proceedings may also be
initiated by the county attorney where the patient resides or the county
attorney for the county in which there is a hospital.".
Page 22-lines 22
through 24 Strike and delete.
Page 23-lines 1 through 10 Strike and delete including the Senate
Standing Committee Amendment (SF0040SS001/A) to these lines.
Page 23-line 11 Delete "the Interest of ...".". HICKS
2/21/2014 S Passed 2nd Reading
2/24/2014 S Failed 3rd Reading
ROLL CALL
Ayes:
Senator(s) Anderson, JD S02, Burns, Esquibel,
F., Meier, Schiffer and Scott
Nays:
Senator(s) Anderson, JL S28, Barnard, Bebout, Case, Christensen, Coe,
Cooper, Craft, Dockstader, Driskill, Emerich, Geis, Hastert, Hicks, Hines, Johnson, Landen, Nicholas,
P., Nutting, Perkins, Peterson, Ross, Rothfuss and
Von Flatern
Ayes 6
Nays 24 Excused
0 Absent 0 Conflicts 0