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Bill Detail: HB22-1256

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Title Modifications To Civil Involuntary Commitment
Status Signed by the Speaker of the House (06/01/2022)
Bill Subjects
  • Health Care & Health Insurance
House Sponsors J. McCluskie (D)
J. Amabile (D)
Senate Sponsors D. Moreno (D)
R. Gardner (R)
House Committee Public and Behavioral Health & Human Services
Senate Committee Appropriations
Date Introduced 02/22/2022
Summary

Current law sets forth emergency procedures to transport a person
for a screening and to detain a person for a 72-hour treatment and
evaluation if the person appears to have a mental health disorder, and as
a result of the mental health disorder, appears to be an imminent danger
to the person's self or others, or appears to be gravely disabled. Current
law also sets forth procedures to certify a person for short-term or

long-term care and treatment if the person has a mental health disorder,
and as a result of the mental health disorder, is a danger to the person's
self or others, or is gravely disabled. The bill modifies these procedures
by:
  • Transferring duties of the executive director of the
department of human services to the commissioner
(commissioner) of the behavioral health administration
(BHA);
  • Limiting who can take a person into protective custody and
transport the person to an outpatient mental health facility,
a facility designated by the commissioner of the BHA
(designated facility), or an emergency medical services
facility (EMS facility) if the person has probable cause to
believe a person is experiencing a behavioral health crisis;
  • Requiring the facility where the person is transported to
require an application, in writing, stating the circumstances
and specific facts under which the person's condition was
called to the attention of a certified peace officer or
emergency medical services provider;
  • Requiring an intervening professional to screen the person
immediately or within 8 hours after the person's arrival at
the facility to determine if the person meets the criteria for
an emergency mental health hold;
  • Establishing certain rights for a person being transported,
which must be explained prior to transporting the person;
  • Requiring a petition for certification for long-term
treatment and care to be filed with the court at least 30 days
prior to the expiration of the extended certification and
requiring the petition to include a recommendation as to
whether the certification should take place on an inpatient
or outpatient basis;
  • Effective July 1, 2023:
  • Subjecting a person who files a malicious or false
petition for an evaluation of a respondent to
criminal prosecution;
  • Authorizing a certified peace officer to transport a
person to an emergency medical services facility
(EMS facility), even if a warrant has been issued for
the person's arrest, if the certified peace officer
believes it is in the best interest of the person;
  • Authorizing an intervening professional or certified
peace officer to initiate an emergency mental health
hold at the time of screening the respondent;
  • Authorizing a secure transportation provider to take
a respondent into custody and transport the person
to an EMS facility or designated facility for an
emergency mental health hold;
  • Expanding the list of professionals who may
terminate the emergency mental health hold;
  • Requiring the evaluation to be completed using a
standardized form approved by the commissioner;
  • Expanding who can initiate a certification to include
an advanced practice registered nurse with training
in psychiatric nursing and prescriptive authority;
  • Requiring an EMS facility to immediately notify the
BHA if a person is evaluated and the evaluating
professional determines that the person continues to
meet the criteria for an emergency mental health
hold and the initial emergency mental health hold is
set to expire before an appropriate placement is
located;
  • Requiring the BHA to support the EMS facility in
locating an appropriate placement option. If an
appropriate placement option cannot be located, the
bill authorizes the EMS facility to place the person
under a second emergency mental health hold and
requires the court to immediately appoint an
attorney.
  • Authorizing a designated facility to place the person
under a second emergency mental health hold if the
person has been recently transferred from an EMS
facility to the designated facility and the designated
facility is unable to complete the evaluation before
the initial emergency mental health hold is set to
expire; and
  • Requiring the facility to provide the person with a
discharge summary and a copy of the completed
evaluation; facilitate a follow-up appointment
within 7 calendar days after discharge; attempt to
follow up with the person 48 hours after discharge;
and encourage the person to designate a family
member, friend, or lay person to participate in the
person's discharge planning.
  • Effective January 1, 2025:
  • Authorizing the court to certify a respondent for not
more than 3 months for short-term treatment and
place the respondent in the BHA's custody without
the need for an emergency mental health hold upon
a petition of certain individuals;
  • Requiring the court to commit the respondent to the
custody of the BHA if the court finds that grounds
for certification for short-term treatment have been
established;
  • Authorizing the judge or magistrate who certified
the respondent for short-term treatment to sign the
notice of certification;
  • Requiring the notification of certification to include
a recommendation whether the certification should
take place on an inpatient or outpatient basis;
  • Authorizing the BHA to delegate physical custody
of the respondent to a designated facility;
  • Requiring an extended certification to be filed with
the court at least 30 days prior to the expiration of
the original certification;
  • Establishing requirements for a short-term or
long-term certification on an outpatient basis; and
  • Requiring the outpatient treatment provider, in
collaboration with the BHA, to develop a treatment
plan for the respondent and requiring the BHA to
create a one-step grievance process for the
respondent related to the respondent's treatment plan
or provider.
The bill establishes a right to an attorney for a person certified for
short-term or long-term care and treatment, regardless of income.
The bill establishes certain rights for a person transported or
detained for an emergency mental health hold or certified on an outpatient
basis. The bill modifies current rights for a person certified for short-term
or long-term care and treatment on an inpatient basis. The bill grants a
person whose rights are wrongfully denied or violated a private right of
action against the facility.
Beginning January 1, 2025, the bill requires the BHA to annually
submit a report to the general assembly on the outcomes and effectiveness
of the involuntary commitment system, disaggregated by region,
including any recommendations to improve the system and outcomes for
persons involuntarily committed or certified.
The bill makes conforming amendments.

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with Amendments
Full Text
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Fiscal Notes Fiscal Notes (04/28/2022) (most recent)  
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