Title 25 revisions.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0015

ENROLLED ACT NO. 35, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to
involuntary
commitments and emergency detentions; amending

definition
s
as specified;
specifying services that can be considered treatment;
authorizing licensed psychologists to conduct examinations for the purpose of involuntary hospitalization proceedings;
clarifying liability for costs of emergency detention;
specifying responsibility for the transportation of a detainee, a patient and a discharged person under
specified
conditions;
authoriz
ing counties to establish a single point of responsibility for treatment of detainees;

conforming provisions;
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)
(ix) and
(xiii)
, 25
‑
10
‑
110(e)
, 25
‑
10
‑
112(a)(
i
i),
(iii)
,
by creating a new paragraph (iv),

(e)

and
by creating a new subsection (g)
and
25
‑
10
‑
125 are amended to read:

25
‑
10
‑
101.

Definitions.

(a)

As used in this act:

(ix)

"Mental illness" and "mentally ill"
mean a physical, emotional, mental or behavioral disorder which causes a person to be dangerous to himself or others and which requires treatment
, but do not include addiction to drugs or alcohol, drug or alcohol intoxication or developmental disabilities, except when one (1) or more of those conditions co-occurs as a secondary diagnosis with a mental illness
;

(xiii)

"Treatment" means diagnosis, evaluation,
intervention
, which may include psychiatric
medication,

therapy o
r prescribed care other than

individual and group mental health counseling, illness management

diversion services such as immediate linkages to mental health services in the community
and discharge planning
. T
reatment
s
hall
begin at the time of detention
,
if the person knowingly and voluntarily consents
,

and
shall
continue throughout involuntary hospitalization.
Treatment may be given without the consent of the detained person or his parent or guardian when treatment is limited to diagnosis or evaluation or when treatment is necessary to prevent immediate and serious physical harm to the person or others.

"
Treatment
"
does not
include
observation
,

or
supervision
;

or discharge planning;

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
license
d

psychiatrist
or licensed psychologist
,
the court shall appoint a licensed physician
,

or
licensed

psychiatrist
or licensed psychologist

to review the findings of the examiner and conduct a further examination, if indicated, and to report to the court.

25
‑
10
‑
112.

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

(a)

Subject to the provisions of subsections (d) and (e) of this section, the county in which a person is detained or in which involuntary hospitalization proceedings are brought shall pay the costs of:

(ii)

Proceedings for detention or involuntary hospitalization pursuant to W.S. 25
‑
10
‑
109 or 25
‑
10
‑
110. The costs of these proceedings include the cost of appointed counsel and examiners;

and

(iii)

Clothing, if the person does not have and cannot afford to purchase adequate clothing
;
.

and

(iv)

Costs incurred under W.S. 25
‑
10
‑
125(b).

(e)

When a person is detained under W.S. 25
‑
10
‑
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. If the person remains in detention after the hearing pursuant to W.S. 25
‑
10
‑
109(k)(iii), the department shall directly, or under contract with local providers, provide
psychiatric
treatment

for those conditions specified in paragraph (a)(i) of this section
until the person is released from detention or involuntary commitment is ordered, subject to payment of costs as provided in this subsection or subsection (c) of this section.

(g)

Each board of county commissioners
may
establish a single point of responsibility to identify, make referrals
to
, intervene and co
ordinate
with community or regional resources
prior to and after an
emergency
detention. The single point of responsibility may be
assigned
to a community mental health center,
designated
hospital or other entity that
is able to
provide treatment as defined under this act
.

25
‑
10
‑
125.

Clothing and transportation upon discharge.

(a)

The department, pursuant to W.S. 25
‑
10
‑
112 shall insure that a patient discharged

from the state's custody
possesses suitable clothing and adequate means to insure his arrival at the home from which he was admitted or another place within the state, which is in the best interests of the state and of the patient.

(b)

The county responsible for payment of costs pursuant to W.S. 25
‑
10
‑
112(a) shall insure that a patient discharged from
emergency detention

within seventy-two (72) hours, or upon expiration of emergency
detention
after seventy-two (72)
hours
without
a court order for
hospitalization under W.S. 25
‑
10
‑
110
,
possesses suitable clothing and adequate means to insure his arrival at the home from which he was admitted or another place, which is in the best interests of the
county
and of the patient.

Section
2
.

This act is effective July 1, 20
10
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1