Hospitalization of mentally ill-amendments.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0249

SENATE FILE
NO.
SF0072

Hospitalization of mentally ill-amendments.

Sponsored by:
Senator(s) Cooper and Representative(s) Davison

A BILL

for

AN ACT relating to the mentally ill; amending immunity provisions for specified personnel who deal with persons in emergency detention; amending a definition; requiring that specified rules of the Wyoming state hospital be adopted in accordance with the Wyoming Administrative Procedure Act; authorizing specified licensed practitioners to review finding
s
of an examiner, when indicated; and providing for an effective date.

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

Section 1.

W.S. 25
‑
10
‑
101(a)(ii)(C), 25
‑
10
‑
102, 25
‑
10
‑
109(a) and 25
‑
10
‑
110(e) are amended to read:

25
‑
10
‑
101.

Definitions.

(a)

As used in this act:

(ii)

"Dangerous to himself or others" means that, as a result of mental illness, a person:

(C)

Evidences behavior manifested by recent acts or omissions that, due to mental illness, he is unable to satisfy basic needs for nourishment, essential medical care, shelter or safety so that a substantial probability exists that death, serious physical injury, serious physical debilitation, serious mental debilitation, destabilization from lack of or refusal to take prescribed psychotropic medications for a diagnosed condition or serious physical disease will imminently ensue, unless the individual receives prompt and adequate treatment for this mental illness. No person, however, shall be deemed to be unable to satisfy his need for nourishment, essential medical care, shelter or safety if he is able to satisfy those needs with the supervision and assistance of others who are willing and available
, except a person who is incarcerated or imprisoned as a result of being charged or convicted of a criminal offense may be deemed to be unable to satisfy his need for nourishment, essential medical care, shelter or safety for purposes of this subparagraph
.

25
‑
10
‑
102.

Admittees subject to rules and regulations of state hospital.

All persons admitted to the state hospital shall be subject to the rules and regulations of the state hospital
, adopted in accordance with the requirements of the
Wyoming
Administrative Procedure Act
.

25
‑
10
‑
109.

Emergency detention.

(a)

When a law enforcement officer or examiner has reasonable cause to believe a person is mentally ill pursuant to W.S. 25
‑
10
‑
101, the person may be detained
in good faith
.
The law enforcement officer or examiner shall be immune from civil liability for the detention except there shall be no immunity from liability for negligent acts or deliberate misconduct.

25
‑
10
‑
110.

Involuntary hospitalization proceedings.

(e)

The court shall appoint one (1) or more examiners to examine the proposed patient and to make a written report to the court of the findings as to the history and mental illness of the proposed patient. The court may order the proposed patient to appear for examination and if the proposed patient does not appear the court may compel his appearance. The examination shall be held at a hospital, a medical facility, the home of the proposed patient or any other suitable place which will not have a harmful effect on his health. The examination shall be conducted no later than seven (7) days from the date of the notice. If the examination is conducted by an examiner other than a licensed physician or psychiatrist, the court shall appoint a licensed physician
,

or
psychiatrist
, physician assistant or nurse practitioner
to review the findings of the examiner and conduct a further examination, if indicated, and to report to the court.

Section 2.

This act is effective July 1, 2008.

(END)

1
SF0072