Involuntary commitments.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0092

HOUSE BILL
NO.
HB0123

Involuntary commitments.

Sponsored by:
Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to involuntary commitments; amending procedures for the involuntary commitment of the mentally ill; providing that the state hospital is the hospital of last resort; specifying payment of costs for emergency detentions; amending a definition; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 25
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10
‑
101(a)(iv), 25
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10
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104(a)(intro) and (i) through (v), 25
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10
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110(a)(intro) and (j)(intro) and 25
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10
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112(c)(into) and (e) are amended to read:

25
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10
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101.

Definitions.

(a)

As used in this act:

(iv)

"Examiner" means a licensed psychiatrist, a licensed physician, a licensed advanced practitioner of nursing with a clinical specialty in psychiatric and mental health nursing working in collaboration with a licensed physician, a licensed psychologist, a licensed professional counselor, a licensed addictions therapist, a licensed clinical social worker or a licensed marriage and family therapist
when working in collaboration with a licensed physician or licensed psychiatrist
;

25
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10
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104.

Duties of department of health and social services as to hospitals other than state hospital.

(a)

The department, with respect to hospitals
or other licensed treatment facilities
other than the state hospital, shall:

(i)

Adopt standards for the designation of hospitals
or other licensed treatment facilities
as qualified to
accept patients and
provide treatment under this act;

(ii)

Designate hospitals
or other licensed treatment facilities
which qualify under the standards adopted pursuant to paragraph (i) of this subsection;

(iii)

Enter into contracts with designated hospitals
or other licensed treatment facilities
for the
housing and
treatment of persons with mental illness, and other services incident to the hospitalization of patients
. Designated hospitals or other licensed treatment facilities having a contract with the department shall receive individuals detained under W.S. 25
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10
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109
;

(iv)

Require reports from designated hospitals
or other licensed treatment facilities
concerning the services rendered to patients under the provisions of this act;

(v)

Visit each designated hospital
or other licensed treatment facility
at least once a year to review methods of treatment for all patients with mental illness;

25
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10
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110.

Involuntary hospitalization proceedings.

(a)

Proceedings for the involuntary hospitalization of a person may be commenced by the filing of a written application with the court
in the county in which the person is detained
. The application shall be accompanied by either:

(j)

If, upon completion of the hearing and consideration of the record, the court or the jury finds by clear and convincing evidence that the proposed patient is mentally ill the court shall consider the least restrictive and most therapeutic alternatives
, and
the state hospital shall serve as a hospital of last resort to receive patients if no local hospital is reasonably available
, and
the court
shall:

25
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10
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112.

Liability for costs of detention, involuntary hospitalization and proceedings therefor.

(c)

Subject to the provisions of subsections (d) and (e) of this section, if
involuntary hospitalization

continued emergency detention
is ordered pursuant to W.S.
25
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10
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110
25
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10
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109
, the county's liability for
any
costs
of detention, treatment or transportation
shall at that time terminate
.

and t
he department shall
not
be responsible for
the
those
costs
.

of treatment incurred after the entry of the involuntary hospitalization order unless
T
he county attorney
notifies
shall notify
the department of
that
the emergency
order. Any costs of treatment incurred after the
involuntary hospitalization
emergency detention
order, all costs of transportation and all
involuntary hospitalization
emergency detention
costs shall be paid by:

(e)

When a person is detained under W.S. 25
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10
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109, the county
in which the person resided
shall be liable for costs of treatment for the first seventy-two (72) hours of detention, in addition to any Saturday, Sunday or legal holiday that falls within the seventy-two (72) hours, or until
a hearing required under W.S. 25
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10
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109(h) is conducted
continuing emergency detention is ordered
. If the person remains in detention after the hearing pursuant to W.S. 25
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10
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109(k)(iii), the department shall directly, or under contract with local providers, provide psychiatric treatment until the person is released from detention or involuntary commitment is ordered. When a person is detained under W.S. 25
‑
10
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110, the county shall be liable
only
for costs of treatment for the first seventy-two (72) hours
.
, in addition to any Saturday, Sunday or legal holiday that falls within the seventy-two (72) hours, or until a hearing required under W.S. 25
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10
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110 is conducted, but in no event shall the county be liable for costs of treatment occurring ten (10) or more days after the date of application for involuntary hospitalization is filed with the court.

Section 2.
This act is effective July 1, 2005.

(END)

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HB0123