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ID H0291

Bill

Status

Passed

4/9/2013

Primary Sponsor

Health and Welfare Committee

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Allows health care professionals (physicians, physician's assistants, and advanced practice registered nurses practicing in hospitals) to temporarily detain minors with serious emotional disturbances who pose danger to themselves or others without a court hearing, with parent/guardian notification required as soon as possible and within 24 hours.

  • Permits physicians, physician's assistants, and advanced practice registered nurses to detain mentally ill adult patients in emergency situations without a hearing if they determine the person poses imminent danger or is gravely disabled, with evidence presented to court within 24 hours of detention.

  • Expands who may commence involuntary commitment proceedings to include licensed physicians, physician's assistants, advanced practice registered nurses practicing in hospitals, prosecuting attorneys, public officials, and facility directors, in addition to friends and relatives.

  • Requires hospitals lacking appropriate emergency mental health facilities to transport detained individuals to appropriate treatment facilities and prohibits detention of proposed patients in nonmedical units used for criminal suspects.

  • Maintains existing protections requiring court hearings within specified timeframes and appointment of designated examiners to evaluate proposed patients before commitment decisions are made.

Legislative Description

Amends existing law to provide that a minor who is suffering from a serious emotional disturbance and poses a danger to himself or others may be temporarily detained by a health care professional without a hearing; to provide that certain health care professionals may temporarily detain a mentally ill patient in an emergency without a hearing; and to provide that certain health care professionals may commence proceedings for the involuntary care and treatment of mentally ill persons by the Department of Health and Welfare.

HOSPITALIZATION

Last Action

Reported Signed by Governor on April 9, 2013 Session Law Chapter 293 Effective: 07/01/13

4/9/2013

Full Bill Text

No bill text available