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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
614
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
THE
DEVELOPMENTALLY
DISABLED
AND
MENTALLY
ILL;
AMENDING
SECTION
2
66
-
317,
IDAHO
CODE,
TO
REVISE
DEFINITIONS;
AMENDING
SECTION
66
-
329,
3
IDAHO
CODE,
TO
REVISE
A
PROVISION
REGARDING
THE
DETENTION
OR
INVOLUN
-
4
TARY
ADMISSION
TO
A
HOSPITAL
OR
OTHER
FACILITY
OF
CERTAIN
INDIVIDUALS;
5
AMENDING
SECTION
66
-
402,
IDAHO
CODE,
TO
REVISE
A
DEFINITION;
AMENDING
6
SECTION
66
-
406,
IDAHO
CODE,
TO
PROVIDE
FOR
A
REBUTTABLE
PRESUMPTION
7
THAT
A
PERSON
IS
UNABLE
TO
MEET
ESSENTIAL
REQUIREMENTS
FOR
PHYSICAL
8
HEALTH
OR
SAFETY
IN
CERTAIN
INSTANCES;
AND
DECLARING
AN
EMERGENCY
AND
9
PROVIDING
AN
EFFECTIVE
DATE.
10
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
1
1
SECTION
1.
That
Section
66
-
317,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
66
-
317.
DEFINITIONS.
As
used
in
this
chapter:
14
(1)
"Department
director"
means
the
director
of
the
state
department
of
15
health
and
welfare.
16
(2)
"Voluntary
patient"
means
an
individual
admitted
to
a
facility
for
17
evaluation
pursuant
to
section
18
-
211,
Idaho
Code,
or
admitted
to
a
facility
18
for
observation,
diagnosis,
evaluation,
care,
or
treatment
pursuant
to
sec
-
19
tion
66
-
318,
Idaho
Code.
20
(3)
"Involuntary
patient"
means
an
individual
committed
pursuant
to
21
section
18
-
212,
66
-
329,
or
66
-
1201,
Idaho
Code.
22
(4)
"Designated
examiner"
means
an
individual
who
meets
the
qualifica
-
23
tions
pursuant
to
section
66
-
323,
Idaho
Code.
24
(5)
"Dispositioner"
means
a
designated
examiner
employed
by
or
under
25
contract
with
the
department
of
health
and
welfare
and
designated
by
the
de
-
26
partment
director
to
determine
the
appropriate
location
for
care
and
treat
-
27
ment
of
involuntary
patients.
28
(6)
"Facility"
means
any
public
or
private
hospital,
state
hospital,
29
institution,
mental
health
center,
or
other
organization
designated
in
ac
-
30
cordance
with
rules
adopted
by
the
board
of
health
and
welfare
as
equipped
31
to
initially
hold,
evaluate,
rehabilitate,
or
provide
care
or
treatment,
or
32
both,
for
the
mentally
ill.
33
(7)
"Lacks
capacity
to
make
informed
decisions
about
treatment"
means
34
the
inability,
by
reason
of
mental
illness,
to
achieve
a
rudimentary
under
-
35
standing
after
conscientious
efforts
at
explanation
of
the
purpose,
nature,
36
and
possible
significant
risks
and
benefits
of
treatment.
37
(8)
"Inpatient
treatment
facility"
means
a
facility
in
which
an
indi
-
38
vidual
receives
medical
and
mental
treatment
for
not
less
than
a
continuous
39
twenty
-
four
(24)
hour
period.
40
(9)
"Supervised
residential
facility"
means
a
facility,
other
than
the
41
individual's
home,
in
which
the
individual
lives
and
in
which
there
live,
or
42
2
are
otherwise
on
duty
during
the
times
that
the
individual's
presence
is
ex
-
1
pected,
persons
who
are
employed
to
supervise,
direct,
treat,
or
monitor
the
2
individual.
3
(10)
"Likely
to
injure
himself
or
others"
means:
4
(a)
A
substantial
risk
that
physical
harm
will
be
inflicted
by
the
pro
-
5
posed
patient
upon
his
own
person,
as
evidenced
by
threats
or
attempts
6
to
commit
suicide
or
inflict
physical
harm
on
himself;
or
7
(b)
A
substantial
risk
that
physical
harm
will
be
inflicted
by
the
pro
-
8
posed
patient
upon
another
as
evidenced
by
behavior
that
has
caused
such
9
harm
or
that
places
another
person
or
persons
in
reasonable
fear
of
sus
-
10
taining
such
harm;
or
1
1
(c)
The
proposed
patient
lacks
insight
into
his
need
for
treatment
and
12
is
unable
or
unwilling
to
comply
with
treatment
and,
based
on
his
psy
-
13
chiatric
history,
clinical
observation
or
other
clinical
evidence,
if
14
he
does
not
receive
and
comply
with
treatment,
there
is
a
substantial
15
risk
he
will
continue
to
physically,
emotionally
or
mentally
deterio
-
16
rate
to
the
point
that
he
will,
in
the
reasonably
near
future,
inflict
17
physical
harm
on
himself
or
another
person.
18
(11)
"Mentally
ill"
means
a
condition
resulting
in
a
substantial
dis
-
19
order
of
thought,
mood,
perception,
or
orientation
that
grossly
impairs
20
judgment,
behavior,
or
capacity
to
recognize
and
adapt
to
reality
and
re
-
21
quires
care
and
treatment
at
a
facility
or
through
outpatient
treatment.
22
However,
the
term
"mentally
ill"
does
not
include
conditions
discussed
in
23
section
66
-
329(13)(a),
Idaho
Code.
24
(12)
(a)
"Gravely
disabled"
means
the
condition
of
a
person
who,
as
the
25
result
of
mental
illness,
has
demonstrated
an
inability
to:
26
(a)
(i)
Attend
to
basic
physical
needs,
such
as
medical
care,
27
food,
clothing,
shelter,
or
safety;
28
(b)
(ii)
Protect
himself
from
harm
or
victimization
by
others;
29
(c)
(iii)
Exercise
sufficient
behavioral
control
to
avoid
seri
-
30
ous
criminal
justice
involvement
,
such
as
repeated
law
enforce
-
31
ment
contact
;
or
32
(d)
(iv)
Recognize
that
he
is
experiencing
symptoms
of
a
serious
33
mental
illness
and
lacks
the
insight
into
his
need
for
treatment,
34
whereby
the
subsequent
absence
of
treatment
may
result
in
deteri
-
35
oration
of
his
condition
such
that
any
of
the
circumstances
listed
36
in
this
subsection
may
be
satisfied
in
the
near
future.
37
(b)
A
judicial
finding
in
any
currently
pending
criminal
proceeding
38
that
a
defendant
is
unfit
and
there
is
not
a
substantial
probability
the
39
defendant
will
be
fit
to
proceed
within
the
foreseeable
future
or
if
the
40
defendant
is
not
fit
to
proceed
after
the
expiration
of
the
additional
41
one
hundred
eighty
(180)
days,
pursuant
to
section
18
-
212,
Idaho
Code,
42
shall
create
a
rebuttable
presumption
that
the
person
is
gravely
dis
-
43
abled
for
purposes
of
section
66
-
329,
Idaho
Code.
44
(13)
"Neurocognitive
disorder"
means
decreased
mental
function
due
to
a
45
medical
disease
other
than
a
psychiatric
illness,
including:
46
(a)
Alzheimer's
disease;
47
(b)
Frontotemporal
lobar
degeneration;
48
(c)
Lewy
body
dementia;
49
(d)
Vascular
dementia;
50
3
(e)
Traumatic
brain
injury;
1
(f)
Inappropriate
use
or
abuse
of
substances
or
medications;
2
(g)
Infection
with
human
immunodeficiency
virus;
3
(h)
Prion
diseases;
4
(i)
Parkinson's
disease;
or
5
(j)
Huntington's
disease.
6
(14)
"Outpatient
treatment"
means
mental
health
treatment,
not
involv
-
7
ing
the
continuous
supervision
of
a
person
in
an
inpatient
setting,
that
is
8
reasonably
designed
to
alleviate
or
to
reduce
a
person's
mental
illness
or
to
9
maintain
or
prevent
deterioration
of
the
person's
physical,
mental,
or
emo
-
10
tional
functioning.
Mental
health
services
or
treatment
may
include,
but
1
1
need
not
be
limited
to,
taking
prescribed
medication,
reporting
to
a
facil
-
12
ity
to
permit
monitoring
of
the
person's
condition,
or
participating
in
in
-
13
dividual
or
group
therapy.
14
(15)
"Protection
and
advocacy
system"
means
the
agency
designated
by
15
the
governor
as
the
state
protection
and
advocacy
system
pursuant
to
42
16
U.S.C.
15043
and
42
U.S.C.
10801
et
seq.
17
(16)
"Holding
proceedings
in
abeyance"
means
an
alternative
to
judicial
18
commitment
based
on
an
agreement
entered
into
by
all
parties,
including
the
19
proposed
patient,
and
agreed
to
by
the
court,
providing
for
voluntary
condi
-
20
tions
of
treatment,
which
hold
in
a
state
of
suspension
or
inactivity
the
pe
-
21
tition
for
involuntary
commitment.
22
(17)
"Senior
designated
examiner"
means
an
individual
who
has
three
(3)
23
years
of
experience
as
a
designated
examiner
and
five
(5)
years
of
post
-
mas
-
24
ter's
degree
experience
in
a
mental
health
field
and
who
has
been
approved
by
25
the
department
director
or
the
department
director's
designee
to
act
as
a
se
-
26
nior
designated
examiner.
27
SECTION
2.
That
Section
66
-
329,
Idaho
Code,
be,
and
the
same
is
hereby
28
amended
to
read
as
follows:
29
66
-
329.
COMMITMENT
TO
DEPARTMENT
DIRECTOR
UPON
COURT
ORDER
-
-
JUDI
-
30
CIAL
PROCEDURE.
(1)
Proceedings
for
the
involuntary
care
and
treatment
of
31
mentally
ill
persons
by
the
department
of
health
and
welfare
may
be
commenced
32
by
the
filing
of
a
written
application
with
a
court
of
competent
jurisdiction
33
by
a
friend,
relative,
spouse
or
guardian
of
the
proposed
patient,
by
a
li
-
34
censed
physician,
by
a
physician
assistant
or
advanced
practice
registered
35
nurse
practicing
in
a
hospital,
by
a
prosecuting
attorney
or
other
public
of
-
36
ficial
of
a
municipality,
county
or
of
the
state
of
Idaho,
or
by
the
director
37
of
any
facility
in
which
such
patient
may
be.
38
(2)
The
application
shall
state
the
name
and
last
known
address
of
the
39
proposed
patient;
the
name
and
address
of
the
spouse,
guardian,
next
of
kin,
40
or
friend
of
the
proposed
patient;
whether
the
proposed
patient
can
be
cared
41
for
privately
in
the
event
commitment
is
not
ordered;
whether
the
proposed
42
patient
is,
at
the
time
of
the
application,
a
voluntary
patient;
whether
the
43
proposed
patient
has
applied
for
release
pursuant
to
section
66
-
320,
Idaho
44
Code;
and
a
simple
and
precise
statement
of
the
facts
showing
that
the
pro
-
45
posed
patient
is
mentally
ill
and
either
likely
to
injure
himself
or
others
46
or
is
gravely
disabled
due
to
mental
illness.
47
(3)
Any
such
application
shall
be
accompanied
by
a
certificate
of
a
des
-
48
ignated
examiner
stating
that
he
has
personally
examined
the
proposed
pa
-
49
4
tient
within
the
last
fourteen
(14)
days
and
is
of
the
opinion
that
the
pro
-
1
posed
patient
is:
(i)
mentally
ill;
(ii)
likely
to
injure
himself
or
oth
-
2
ers
or
is
gravely
disabled
due
to
mental
illness;
and
(iii)
lacks
capacity
to
3
make
informed
decisions
about
treatment;
4
or
a
written
statement
by
the
applicant
that
the
proposed
patient
has
refused
5
to
submit
to
examination
by
a
designated
examiner.
6
(4)
Upon
receipt
of
an
application
for
commitment,
the
court
shall,
7
within
forty
-
eight
(48)
hours,
appoint
another
designated
examiner
to
make
8
a
personal
examination
of
the
proposed
patient,
or
if
the
proposed
patient
9
has
not
been
examined,
the
court
shall
appoint
two
(2)
designated
examiners
10
to
make
individual
personal
examinations
of
the
proposed
patient
and
may
1
1
order
the
proposed
patient
to
submit
to
an
immediate
examination.
If
neither
12
designated
examiner
is
a
physician,
the
court
shall
order
a
physical
exami
-
13
nation
of
the
proposed
patient.
At
least
one
(1)
designated
examiner
shall
14
be
a
senior
designated
examiner.
The
designated
examiners
shall
report
to
15
the
court
their
findings
within
the
following
seventy
-
two
(72)
hours
as
to
16
the
mental
condition
of
the
proposed
patient
and
his
need
for
custody,
care,
17
or
treatment
by
a
facility.
The
reports
shall
be
in
the
form
of
written
cer
-
18
tificates
that
shall
be
filed
with
the
court.
The
court
may
terminate
the
19
proceedings
and
dismiss
the
application
without
taking
any
further
action
in
20
the
event
the
reports
of
the
designated
examiners
are
to
the
effect
that
the
21
proposed
patient
is
not
mentally
ill
or,
although
mentally
ill,
is
not
likely
22
to
injure
himself
or
others
or
is
not
gravely
disabled
due
to
mental
illness.
23
If
the
proceedings
are
terminated,
the
proposed
patient
shall
be
released
24
immediately.
25
(5)
If
the
designated
examiner's
certificate
states
a
belief
that
the
26
proposed
patient
is
mentally
ill
and
either
likely
to
injure
himself
or
oth
-
27
ers
or
is
gravely
disabled
due
to
mental
illness,
the
judge
of
such
court
28
shall
issue
an
order
authorizing
any
health
officer,
peace
officer,
or
di
-
29
rector
of
a
facility
to
take
the
proposed
patient
to
a
facility
in
the
com
-
30
munity
in
which
the
proposed
patient
is
residing
or
to
the
nearest
facility
31
to
await
the
hearing,
and
for
good
cause
may
authorize
treatment
during
such
32
period
subject
to
the
provisions
of
section
66
-
346(a)(4),
Idaho
Code.
Under
33
no
circumstances
shall
the
proposed
patient
be
detained
in
a
nonmedical
unit
34
used
for
the
detention
of
individuals
charged
with
or
convicted
of
penal
of
-
35
fenses.
36
(6)
Upon
receipt
of
such
application
and
designated
examiners'
re
-
37
ports,
the
court
shall
appoint
a
time
and
place
for
a
hearing
not
more
than
38
seven
(7)
days
from
the
receipt
of
such
designated
examiners'
reports
and
39
thereupon
give
written
notice
of
such
time
and
place
of
such
hearing,
to
-
40
gether
with
a
copy
of
the
application,
designated
examiner's
certificates,
41
and
notice
of
the
proposed
patient's
right
to
be
represented
by
an
attor
-
42
ney
or,
if
indigent,
to
be
represented
by
a
court
-
appointed
attorney,
to
43
the
applicant,
to
the
proposed
patient,
to
the
proposed
patient's
spouse,
44
guardian,
next
of
kin,
or
friend.
With
the
consent
of
the
proposed
patient
45
and
his
attorney,
the
hearing
may
be
held
immediately.
Upon
motion
of
the
46
petitioner,
or
upon
motion
of
the
proposed
patient
and
attorney,
and
for
good
47
cause
shown,
the
court
may
continue
the
hearing
up
to
an
additional
seven
48
(7)
days
during
which
time,
for
good
cause
shown,
the
court
may
authorize
49
treatment.
50
5
(7)
An
opportunity
to
be
represented
by
counsel
shall
be
afforded
to
ev
-
1
ery
proposed
patient,
and,
if
neither
the
proposed
patient
nor
others
pro
-
2
vide
counsel,
the
court
shall
appoint
counsel
in
accordance
with
chapter
8,
3
title
19,
Idaho
Code,
no
later
than
the
time
the
application
is
received
by
4
the
court.
5
(8)
If
the
involuntary
detention
was
commenced
under
this
section,
the
6
hearing
shall
be
held
in
a
manner
and
at
a
suitable
place
not
likely
to
have
7
a
harmful
effect
on
the
proposed
patient's
physical
or
mental
health.
Venue
8
for
the
hearing
shall
be
in
the
county
of
residence
of
the
proposed
patient
9
or
in
the
county
where
the
proposed
patient
was
found
immediately
prior
to
10
commencement
of
such
proceedings.
1
1
(9)
In
all
proceedings
under
this
section,
any
existing
provision
of
12
the
law
prohibiting
the
disclosure
of
confidential
communications
between
13
the
designated
examiner
and
proposed
patient
shall
not
apply
and
any
desig
-
14
nated
examiner
who
shall
have
examined
the
proposed
patient
shall
be
a
compe
-
15
tent
witness
to
testify
as
to
the
proposed
patient's
condition.
16
(10)
The
proposed
patient,
the
applicant,
and
any
other
persons
to
whom
17
notice
is
required
to
be
given
shall
be
afforded
an
opportunity
to
appear
at
18
the
hearing,
to
testify,
and
to
present
and
cross
-
examine
witnesses.
The
19
proposed
patient
may,
after
consulting
with
his
attorney,
waive
his
presence
20
at
court.
The
court
may
waive
the
presence
of
a
proposed
patient
if
the
men
-
21
tal
or
physical
state
of
the
proposed
patient
is
such
that
his
presence
at
the
22
hearing
would
be
detrimental
to
the
proposed
patient's
health
or
would
un
-
23
duly
disrupt
the
proceedings.
A
record
of
the
proceedings
shall
be
made
as
24
for
other
civil
hearings.
The
hearing
shall
be
conducted
in
as
informal
a
25
manner
as
may
be
consistent
with
orderly
procedure.
The
court
shall
receive
26
all
relevant
and
material
evidence
consistent
with
the
rules
of
evidence.
27
(11)
If,
upon
completion
of
the
hearing
and
consideration
of
the
record,
28
and
after
consideration
of
reasonable
alternatives
including,
but
not
lim
-
29
ited
to,
holding
the
proceedings
in
abeyance
for
a
period
of
up
to
thirty
(30)
30
days,
the
court
finds
by
clear
and
convincing
evidence
that
the
proposed
pa
-
31
tient:
32
(a)
Is
mentally
ill;
and
33
(b)
Is,
because
of
such
condition,
likely
to
injure
himself
or
others,
34
or
is
gravely
disabled
due
to
mental
illness;
35
the
court
shall
order
the
proposed
patient
committed
to
the
custody
of
the
36
department
director
for
observation,
care,
and
treatment
for
an
indeter
-
37
minate
period
of
time
not
to
exceed
one
(1)
year.
The
department
director,
38
through
his
dispositioner,
shall
determine
within
twenty
-
four
(24)
hours
39
the
least
restrictive
available
facility
or
outpatient
treatment,
con
-
40
sistent
with
the
needs
of
each
patient
committed
under
this
section
for
41
observation,
care,
and
treatment.
42
(12)
The
commitment
order
constitutes
a
continuing
authorization
for
43
the
department
of
health
and
welfare,
law
enforcement,
or
director
of
a
fa
-
44
cility,
upon
request
of
the
director
of
the
outpatient
facility,
the
physi
-
45
cian,
or
the
department
director
through
his
dispositioner,
to
transport
a
46
committed
patient
to
designated
outpatient
treatment
for
the
purpose
of
mak
-
47
ing
reasonable
efforts
to
obtain
the
committed
patient's
compliance
with
the
48
terms
and
conditions
of
outpatient
treatment.
If
the
director
of
the
outpa
-
49
6
tient
facility,
the
treating
physician,
or
the
department
director
through
1
his
dispositioner
determines
any
of
the
following:
2
(a)
The
patient
is
failing
to
adhere
to
the
terms
and
conditions
of
3
outpatient
treatment
or
the
patient
refuses
outpatient
treatment
after
4
reasonable
efforts
at
compliance
have
been
made;
or
5
(b)
Outpatient
treatment
is
not
effective
after
reasonable
efforts
6
have
been
made;
7
the
department
director
through
his
dispositioner
shall
cause
the
commit
-
8
ted
patient
to
be
transported
by
the
department
of
health
and
welfare,
law
9
enforcement,
or
director
of
a
facility
to
the
least
restrictive
available
10
facility
for
observation,
care,
and
treatment
on
an
inpatient
basis.
Within
1
1
forty
-
eight
(48)
hours
of
a
committed
patient's
transfer
from
outpatient
12
treatment
to
a
facility
for
inpatient
treatment,
the
department
director
13
through
his
dispositioner
shall
notify
the
court
that
originally
ordered
the
14
commitment,
the
committed
patient's
attorney,
and
the
committed
patient's
15
spouse,
guardian,
adult
next
of
kin,
or
friend
of
the
change
in
disposi
-
16
tion
and
provide
a
detailed
affidavit
reciting
the
facts
and
circumstances
17
supporting
the
transfer
from
outpatient
treatment
to
inpatient
treatment
18
at
a
facility.
The
court
shall
conduct
an
ex
parte
review
of
the
notice
and
19
affidavit
within
forty
-
eight
(48)
hours
of
filing
and
determine
whether
the
20
change
in
disposition
from
outpatient
treatment
to
inpatient
treatment
at
a
21
facility
is
supported
by
probable
cause.
In
no
event
shall
the
calculation
22
of
forty
-
eight
(48)
hours
provided
for
in
this
subsection
include
holidays
23
formally
recognized
and
observed
by
the
state
of
Idaho,
nor
shall
the
cal
-
24
culation
include
weekends.
If
the
court
determines
that
probable
cause
25
exists,
the
department
director
through
his
dispositioner
shall
continue
26
with
care
and
treatment
on
an
inpatient
basis
at
the
least
restrictive
avail
-
27
able
facility.
Within
twenty
-
four
(24)
hours
of
a
finding
of
probable
cause,
28
the
court
shall
issue
an
order
to
show
cause
why
the
patient
does
not
meet
29
the
conditions
in
paragraph
(a)
or
(b)
of
this
subsection.
The
order
shall
30
be
served
on
the
committed
patient,
the
committed
patient's
attorney
and
the
31
committed
patient's
spouse,
guardian,
adult
next
of
kin,
or
friend.
The
pa
-
32
tient
shall
have
fifteen
(15)
days
to
present
evidence
that
the
conditions
in
33
paragraph
(a)
or
(b)
of
this
subsection
have
not
been
met.
In
no
event
shall
34
the
calculation
of
twenty
-
four
(24)
hours
provided
for
in
this
subsection
35
include
holidays
formally
recognized
and
observed
by
the
state
of
Idaho,
36
nor
shall
the
calculation
include
weekends.
If
the
court
determines
that
37
a
change
in
disposition
from
outpatient
treatment
to
inpatient
treatment
38
does
not
meet
the
conditions
in
paragraph
(a)
or
(b)
of
this
subsection,
the
39
department
director
through
his
dispositioner
will
continue
with
outpatient
40
treatment
on
the
same
or
modified
terms
and
conditions.
Nothing
provided
41
in
this
section
shall
limit
the
authority
of
any
law
enforcement
officer
to
42
detain
a
patient
pursuant
to
the
emergency
authority
conferred
by
section
43
66
-
326,
Idaho
Code.
44
(13)
Nothing
in
this
chapter
or
in
any
rule
adopted
pursuant
thereto
45
shall
be
construed
to
authorize
the
detention
or
involuntary
admission
to
a
46
hospital
or
other
facility
of
an
individual
who:
47
(a)
Has
a
neurological
disorder,
a
neurocognitive
disorder,
a
develop
-
48
mental
disability
as
defined
in
section
66
-
402,
Idaho
Code,
or
a
physi
-
49
cal
disability
,
or
any
medical
disorder
that
includes
psychiatric
symp
-
50
7
tomology
or
is
primarily
impaired
by
substance
use,
unless
in
addition
1
to
such
condition,
such
person
is
mentally
ill;
2
(b)
Is
a
patient
under
treatment
by
spiritual
means
alone,
through
3
prayer,
in
accordance
with
the
tenets
and
practices
of
a
recognized
4
church
or
religious
denomination
by
a
duly
accredited
practitioner
5
thereof
and
who
asserts
to
any
authority
attempting
to
detain
him
that
6
he
is
under
such
treatment
and
who
gives
the
name
of
a
practitioner
so
7
treating
him
to
such
authority;
or
8
(c)
Can
be
cared
for
privately
with
the
help
of
willing
and
able
family
9
or
friends
in
such
a
way
as
to
no
longer
present
substantial
risk
to
him
-
10
self
or
others,
provided
that
such
person
may
be
detained
or
involuntar
-
1
1
ily
admitted
if
such
person
is
mentally
ill
and
presents
a
substantial
12
risk
of
injury
to
himself
or
others
if
such
care
is
not
adequate.
13
(14)
The
order
of
commitment
shall
state
whether
the
proposed
patient
14
lacks
capacity
to
make
informed
decisions
about
treatment,
the
name
and
ad
-
15
dress
of
the
patient's
attorney
and
the
patient's
spouse,
guardian,
adult
16
next
of
kin,
or
friend.
17
(15)
If
the
patient
has
no
spouse
or
guardian
and
if
the
patient
has
18
property
that
may
not
be
cared
for
pursuant
to
chapter
5,
title
66,
Idaho
19
Code,
or
by
the
patient
while
confined
at
a
facility,
the
court
shall
appoint
20
a
guardian
ad
litem
for
the
purpose
of
preserving
the
patient's
estate,
pend
-
21
ing
further
guardianship
or
conservatorship
proceedings.
22
(16)
The
commitment
shall
continue
until
terminated
and
shall
be
unaf
-
23
fected
by
the
patient's
conditional
release
or
change
in
disposition.
24
SECTION
3.
That
Section
66
-
402,
Idaho
Code,
be,
and
the
same
is
hereby
25
amended
to
read
as
follows:
26
66
-
402.
DEFINITIONS.
As
used
in
this
chapter:
27
(1)
"Adult"
means
an
individual
eighteen
(18)
years
of
age
or
older.
28
(2)
"Artificial
life
-
sustaining
procedures"
means
any
medical
proce
-
29
dure
or
intervention
that
utilizes
mechanical
means
to
sustain
or
supplant
30
a
vital
function.
Artificial
life
-
sustaining
procedures
shall
not
include
31
the
administration
of
medication,
and
it
shall
not
include
the
performance
32
of
any
medical
procedure
deemed
necessary
to
alleviate
pain,
or
any
proce
-
33
dure
that
could
be
expected
to
result
in
the
recovery
or
long
-
term
survival
34
of
the
patient
and
his
restoration
to
consciousness.
35
(3)
"Department"
means
the
Idaho
department
of
health
and
welfare.
36
(4)
"Director"
means
the
director
of
the
department
of
health
and
wel
-
37
fare.
38
(5)
"Developmental
disability"
means
a
chronic
disability
of
a
person
39
that
appears
before
the
age
of
twenty
-
two
(22)
and:
40
(a)
Is
attributable
to
an
impairment,
such
as
intellectual
disability,
41
cerebral
palsy,
epilepsy,
autism
or
other
condition
found
to
be
closely
42
related
to
or
similar
to
one
(1)
of
these
impairments
that
requires
sim
-
43
ilar
treatment
or
services,
or
is
attributable
to
dyslexia
resulting
44
from
such
impairments;
and
45
(b)
Results
in
substantial
functional
limitations
in
three
(3)
or
more
46
of
the
following
areas
of
major
life
activity:
self
-
care,
receptive
and
47
expressive
language,
learning,
mobility,
self
-
direction,
capacity
for
48
independent
living,
or
economic
self
-
sufficiency;
and
49
8
(c)
Reflects
the
need
for
a
combination
and
sequence
of
special,
in
-
1
terdisciplinary
or
generic
care,
treatment
or
other
services
that
are
2
of
lifelong
or
extended
duration
and
individually
planned
and
coordi
-
3
nated.
4
(6)
"Emancipated
minor"
means
an
individual
between
fourteen
(14)
and
5
eighteen
(18)
years
of
age
who
has
been
married
or
whose
circumstances
indi
-
6
cate
that
the
parent
-
child
relationship
has
been
renounced.
7
(7)
"Evaluation
committee"
means
an
interdisciplinary
team
of
at
least
8
three
(3)
individuals
designated
by
the
director
or
his
designee
to
evaluate
9
an
individual
as
required
by
the
provisions
of
this
chapter.
Each
committee
10
must
include
a
physician
licensed
to
practice
medicine
in
the
state
of
Idaho,
1
1
a
licensed
social
worker
or
a
licensed
professional
counselor,
and
a
clini
-
12
cal
psychologist
or
such
other
individual
who
has
a
master's
degree
in
psy
-
13
chology
as
designated
by
the
department
director.
In
a
proceeding
governed
14
by
section
66
-
404,
Idaho
Code,
a
licensed
independent
practitioner
may
be
15
used
instead
of
a
physician.
Each
committee
member
must
be
specially
qual
-
16
ified
by
training
and
experience
in
the
diagnosis
and
treatment
of
persons
17
with
a
developmental
disability.
18
(8)
"Facility"
means
the
southwest
Idaho
treatment
center,
a
nursing
19
facility,
an
intermediate
care
facility,
an
intermediate
care
facility
for
20
people
with
intellectual
disabilities,
a
licensed
residential
or
assisted
21
living
facility,
a
group
foster
home,
other
organizations
licensed
to
pro
-
22
vide
twenty
-
four
(24)
hour
care,
treatment
and
training
to
the
developmen
-
23
tally
disabled,
a
mental
health
center,
or
an
adult
and
child
development
24
center.
25
(9)
"Lacks
capacity
to
make
informed
decisions"
means
the
inability,
by
26
reason
of
developmental
disability,
to
achieve
a
rudimentary
understanding
27
of
the
purpose,
nature,
and
possible
risks
and
benefits
of
a
decision,
after
28
conscientious
efforts
at
explanation,
but
shall
not
be
evidenced
by
improv
-
29
ident
decisions
within
the
discretion
allowed
nondevelopmentally
disabled
30
individuals.
31
(10)
"Licensed
independent
practitioner"
or
"LIP"
means:
32
(a)
A
licensed
physician
or
physician
assistant
pursuant
to
section
33
54
-
1803,
Idaho
Code;
or
34
(b)
A
licensed
advanced
practice
registered
nurse
pursuant
to
section
35
54
-
1402,
Idaho
Code.
36
(11)
"Likely
to
injure
himself
or
others"
means:
37
(a)
A
substantial
risk
that
physical
harm
will
be
inflicted
by
the
re
-
38
spondent
upon
his
own
person
as
evidenced
by
threats
or
attempts
to
com
-
39
mit
suicide
or
inflict
physical
harm
on
himself;
or
40
(b)
A
substantial
risk
that
physical
harm
or
a
sexual
offense
will
be
41
inflicted
by
the
respondent
upon
another
as
evidenced
by
behavior
that
42
has
caused
such
harm
or
that
places
another
person
or
persons
in
reason
-
43
able
fear
of
sustaining
such
harm;
or
44
(c)
That
the
respondent
is
unable
to
meet
essential
requirements
for
45
physical
health
or
safety.
46
(12)
"Manage
financial
resources"
means
the
actions
necessary
to
ob
-
47
tain,
administer
and
dispose
of
real,
personal,
intangible
or
business
48
property,
benefits
and/or
income.
49
9
(13)
"Meet
essential
requirements
for
physical
health
or
safety"
means
1
the
actions
necessary
to
provide
health
care,
food,
clothing,
shelter,
per
-
2
sonal
hygiene
and/or
other
care
without
which
serious
physical
injury
or
3
illness
would
occur.
4
(14)
"Minor"
means
an
individual
under
age
eighteen
(18)
years.
5
(15)
"Protection
and
advocacy
system"
means
the
agency
designated
by
6
the
governor
of
the
state
of
Idaho
to
provide
advocacy
services
for
people
7
with
disabilities
pursuant
to
42
U.S.C.
6042.
8
(16)
"Respondent"
means
the
individual
subject
to
judicial
proceedings
9
authorized
by
the
provisions
of
this
chapter.
10
SECTION
4.
That
Section
66
-
406,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
amended
to
read
as
follows:
12
66
-
406.
JUDICIAL
PROCEDURE
FOR
COMMITMENT
TO
DIRECTOR.
(1)
Proceed
-
13
ings
for
the
involuntary
care
and
treatment
of
developmentally
disabled
per
-
14
sons
by
the
department
may
be
commenced
by
the
filing
of
a
written
applica
-
15
tion
with
a
court
of
competent
jurisdiction
by
a
friend,
relative,
spouse
or
16
guardian
of
the
respondent,
or
by
a
licensed
physician,
prosecuting
attorney
17
or
other
public
official,
or
the
head
of
the
facility
in
which
the
respondent
18
may
be.
19
(2)
The
application
shall
state
the
name
and
last
known
address
of
20
the
respondent;
the
name
and
address
of
either
the
respondent's
spouse,
21
guardian,
next
of
kin
or
friend;
whether
the
respondent
can
be
cared
for
22
privately
in
the
event
commitment
is
not
ordered;
and
a
simple
and
precise
23
statement
of
facts
showing
that
the
respondent
is
developmentally
disabled
24
and
likely
to
injure
himself
or
others.
25
(3)
Any
application
shall
be
accompanied
by
a
report
of
an
evaluation
26
committee
stating
that
the
committee
has
examined
the
respondent
within
the
27
last
fourteen
(14)
days
and
is
of
the
opinion
that
the
respondent
is
develop
-
28
mentally
disabled
and
likely
to
injure
himself
or
others;
or
a
written
state
-
29
ment
by
the
committee
that
the
respondent
has
refused
to
submit
to
examina
-
30
tion.
31
(4)
Upon
receipt
of
an
application
for
commitment
not
accompanied
by
32
an
evaluation
committee
report,
the
court
shall,
within
forty
-
eight
(48)
33
hours,
order
the
respondent
to
submit
to
an
examination.
The
evaluation
com
-
34
mittee
shall
report
to
the
court
its
findings
within
three
(3)
working
days
35
of
the
order.
36
(5)
If
it
is
determined
by
the
evaluation
committee
that
the
respondent
37
is
developmentally
disabled
and
likely
to
injure
himself
or
others
pending
38
the
hearing,
the
court
may
issue
an
order
authorizing
a
department
employee,
39
peace
officer,
or
head
of
a
facility
to
take
the
respondent
to
a
facility
in
40
the
community
in
which
the
respondent
is
residing
or
to
the
nearest
facility
41
to
await
the
hearing
and
for
good
cause
may
authorize
treatment
during
such
42
period
subject
to
the
provisions
of
section
66
-
412(4),
Idaho
Code.
43
(6)
Upon
receipt
of
the
application
and
evaluation
committee
report,
44
the
court
shall
appoint
a
time
and
place
for
a
hearing
which
shall
be
held
not
45
more
than
seven
(7)
days
from
receipt
of
the
report
and
give
written
notice
46
of
the
time
and
place
of
the
hearing
together
with
a
copy
of
the
application,
47
evaluation
committee
report,
and
notice
of
the
respondent's
right
to
be
rep
-
48
resented
by
an
attorney,
or
if
indigent,
to
be
represented
by
a
court
-
ap
-
49
10
pointed
attorney,
to
the
applicant,
to
the
respondent,
and
to
either
the
re
-
1
spondent's
spouse,
guardian,
next
of
kin
or
friend,
if
other
than
the
appli
-
2
cant.
With
the
consent
of
the
respondent
and
his
attorney,
the
hearing
may
be
3
held
immediately.
Upon
motion
for
good
cause
shown
and
with
the
respondent's
4
consent,
the
court
may
continue
the
hearing
up
to
an
additional
fourteen
(14)
5
days.
6
(7)
An
opportunity
to
be
represented
by
counsel
shall
be
afforded
to
ev
-
7
ery
respondent,
and
if
neither
the
respondent
nor
others
provide
counsel,
8
the
court
will
appoint
the
counsel
in
accordance
with
chapter
8,
title
19,
9
Idaho
Code.
10
(8)
The
hearing
shall
be
held
at
a
facility,
at
the
respondent's
home,
1
1
or
at
any
other
suitable
place
not
likely
to
have
a
harmful
effect
on
the
re
-
12
spondent's
physical
or
mental
health.
13
(9)
In
all
proceedings
under
the
provisions
of
this
section,
any
ex
-
14
isting
provision
of
law
prohibiting
the
disclosure
of
confidential
commu
-
15
nications
between
any
member
of
the
evaluation
committee
and
the
respondent
16
shall
not
apply.
17
(10)
The
respondent,
the
applicant,
and
any
other
person
to
whom
no
-
18
tice
is
required
to
be
given
shall
be
afforded
an
opportunity
to
appear
at
19
the
hearing,
to
testify,
and
to
present
and
cross
-
examine
witnesses.
The
20
respondent
shall
be
required
to
be
present
at
the
hearing
free
from
drugs
21
likely
to
impair
the
respondent's
ability
to
communicate
or
understand
the
22
proceedings,
unless
the
court
determines
that
the
mental
or
physical
state
23
of
the
respondent
is
such
that
his
presence
at
the
hearing
free
from
drugs
24
would
be
detrimental
to
the
respondent's
health
or
would
unduly
disrupt
the
25
proceedings.
A
record
of
the
proceedings
shall
be
made
as
for
other
civil
26
hearings.
The
hearing
shall
be
conducted
in
an
informal
manner
consistent
27
with
orderly
procedure
and
rules
of
evidence.
28
(11)
If,
upon
completion
of
the
hearing
and
consideration
of
the
record,
29
the
court
finds
by
clear
and
convincing
evidence
that
the
respondent:
30
(a)
Is
developmentally
disabled;
and
31
(b)
Because
of
such
condition
is
likely
to
injure
himself
or
others;
and
32
(c)
Lacks
capacity
to
make
informed
decisions
about
treatment;
33
the
court
shall
order
the
respondent
committed
to
the
custody
of
the
direc
-
34
tor
for
an
indeterminate
period
of
time
not
to
exceed
three
(3)
years.
The
35
director
or
his
designee
shall
determine
within
forty
-
eight
(48)
hours
the
36
least
restrictive
available
placement
consistent
with
the
needs
of
each
re
-
37
spondent
committed
under
the
provisions
of
this
section
and
make
arrangement
38
for
placement
in
that
setting.
39
(12)
Nothing
in
the
provisions
of
this
chapter
or
in
any
rules
or
regu
-
40
lations
adopted
pursuant
hereto
shall
be
construed
to
authorize
the
commit
-
41
ment
of
an
individual
who
can
be
properly
cared
for
privately
with
the
help
of
42
willing
and
able
family
or
friends.
43
(13)
The
order
of
commitment
shall
state
the
name
and
address
of
the
re
-
44
spondent's
attorney,
and
either
the
respondent's
spouse,
guardian,
adult
45
next
of
kin
or
friend,
if
any.
46
(14)
A
judicial
finding
in
any
currently
pending
criminal
proceeding
47
that
a
defendant
is
unfit
and
there
is
not
a
substantial
probability
the
48
defendant
will
be
fit
to
proceed
within
the
foreseeable
future
or
if
the
49
defendant
is
not
fit
to
proceed
after
the
expiration
of
the
additional
one
50
11
hundred
eighty
(180)
days,
pursuant
to
section
18
-
212,
Idaho
Code,
shall
1
create
a
rebuttable
presumption
that
the
respondent
is
unable
to
meet
es
-
2
sential
requirements
for
physical
health
or
safety
for
purposes
of
section
3
66
-
329(11),
Idaho
Code.
4
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
5
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
6
July
1,
2026.
7