Page 1, line
19, strike "admission psychiatric
hospitalization" insert "admission"
Page 5,
lines 5 and 6, strike "notwithstanding concerns that"
insert "though"
Line 8,
strike the second "the" insert "a nonevaluating"
Between lines
27 and 28, insert:
"28. "Nonevaluating hospital" means a health care
agency that is not licensed by the department to and has not been approved
pursuant to this chapter to provide those services required of an evaluating
agency under this chapter."
Renumber to
conform
Page 6,
strike lines 20 through 26, insert:
"33. 34. "Prepetition
screening" means the review of each application requesting court‑ordered
evaluation, including an investigation of facts alleged in such an
application, an interview with each applicant and an interview, if possible,
with the proposed patient. The purpose of the interview with the
proposed patient is to assess the problem, explain the application and, when
indicated, attempt to persuade the proposed patient to receive, on a voluntary
basis, evaluation or other services."
Renumber to
conform
Page 8,
strike lines 1 through 8
Renumber to
conform
Line 19,
strike "screening" insert "evaluation"
Lines 26 and
29, strike "evaluation screening"
insert "evaluation"
Page 9,
lines 14 and 15, strike "believed to be, as a result of
exhibiting behaviors that may be consistent with"
insert "believed to be, as a result of"
Line 16,
strike ", and is believed to be"
insert a comma; strike the second "to be"
Line 20,
strike the colon
Line 21,
strike "(a)"; after
"of" insert "prepetition"
Line 23,
strike "(b)" insert
"10. If the applicant believes that the
proposed patient"
Strike lines
24 through 26, insert "during the time it would take for
completion of a prepetition screening report, the facts and information that
are the basis of the applicant's belief."
Line 27,
strike "10." insert "11.";
strike "other than the"
Line 28,
strike "applicant"
Page 10,
line 6, after the period insert "If the applicant is not a
medical professional, the screening agency shall assist the applicant to
develop the relevant mental health history and factual background appropriate
to complete the application. The screening agency shall do those things that
are reasonably necessary to allow completion of the application within three
days after initial contact by the applicant, excluding weekends and holidays."
Line 15,
strike "court‑ordered evaluation screening" insert "court‑ordered
evaluation"
Line 16,
strike "evaluated screened"
insert "evaluated"
Line 17,
strike "a prepetition screening an
appropriate" insert "a prepetition screening"; strike
"and"
Strike lines
18 through 20
Line 21,
strike "section 36‑524 or 36‑524.01 has been
accepted" insert ". Except in the case of an emergency
evaluation"; strike "evaluated"
Line 22,
strike "screened" insert "evaluated";
strike "prepetition" insert
"prepetition"
Page 10,
line 24, strike "court‑ordered evaluation screening" insert "court‑ordered
evaluation"
Line 25,
strike "evaluated screened"
insert "evaluated"
Lines 26 and
28, strike "prepetition" insert
"prepetition"
Strike lines
30 through 32
Page 11,
strike lines 1 through 3
Reletter to
conform
Line 7,
strike "or" insert "and"
Line 11,
after "person" insert "and
that the screening is not physician‑patient privileged information"
Page 12,
line 3, after the period insert "Prepetition screening procedures;"
Line 4,
strike "evaluation screening"
insert "evaluation"
Line 6,
strike "prepetition" insert
"prepetition"
Line 10,
strike "the person has a"
Line 11,
strike "persistent or acute disability or a grave disability or is"
Line 12,
strike "a danger to self or to others"; strike
"as a"
Strike lines
13 through 15, insert "the person is in need of an
evaluation as described in this section."
Lines 16, 17
and 20, strike "prepetition" insert
"prepetition"
Line 22,
"prepetition" insert "prepetition";
after "screening" strike remainder of line insert "report
indicates"
Line 24,
strike "the application is to"
Line 25,
strike "be denied, the denial must first"
insert "no reasonable cause exists to believe the person is
in need of an evaluation as described in this section, the report shall";
strike "and approved"
Line 26,
after the period insert "The screening agency shall provide
written information to the applicant and proposed patient concerning the
involuntary screening, evaluation and treatment process and information about
where mental health treatment may be obtained in the community if needed. The
screening agency shall also provide written information about legal decision‑making
such as powers of attorney and guardianships and where to obtain information
about those issues."
Page 13,
line 12, strike the first "screening" insert
"evaluation"
Line 14,
strike the colon
Line 15,
strike "1."
Strike lines
16 and 17
Line 18,
strike "determination that the application is denied"
insert:
"1. No reasonable cause exists to believe the person is in
need of an evaluation as described in this section"
Line 19,
strike "denial" insert "notice";
after the second "a" insert "nonevaluating"; after "hospital"
insert "or health care provider"
Line 20,
strike "denial" insert "notice";
after "reasons" strike remainder of line insert
"for not proceeding with the petition for court‑ordered
evaluation"
Line 21,
strike "denial to the hospital and" insert
"notice to the nonevaluating hospital or health care
provider and, if requested, to"
Line 22,
strike "screening" insert "evaluation";
strike "hospital" insert "nonevaluating
hospital or health care provider"
Line 23, strike
"the denial may" insert "not
proceeding with the petition for court‑ordered evaluation shall"
Line 24,
strike "for the denial"
Line 25,
strike "a denial" insert "the
notice"
Strike lines
27 and 28, insert:
"2. No reasonable cause exists to believe the allegations of
the applicant for the person in need of an evaluation as described in this
section but there is reasonable cause to believe"
Line 29,
strike "is in need of" insert "would benefit from"
Page 14,
line 7, strike "(c)"
insert "3."
Line 12, strike
"(d)" insert "4."
Lines 13 and
14, strike "or has a grave disability"
Page 14,
line 17, strike "emergency psychiatric hospitalization"
insert "immediate admission for evaluation"
Lines 19 and
20, strike "emergency psychiatric hospitalization"
insert "immediate admission"
Line 21,
strike "(e)" insert
"5."
Line 22,
after "of" insert "a"
Strike lines
29 through 31
Page 15,
strike lines 1 and 2
Lines 3, 5,
11, 16, 17 and 20, after "agency" insert "or
evaluation agency"
Strike lines
27 through 32
Strike pages
16 through 19
Page 20,
strike lines 1 through 14
Renumber to
conform
Page 21,
line 7, after "others" insert ", has a persistent or acute disability"
Line 8,
strike "further screening,"
Line 11,
strike "further"
Page 22,
line 2, strike "granted" insert "given"
Line 7,
after "or" insert "the
proposed patient's"
Line 8,
after the second "to" insert "outpatient"
Page 23,
line 20, after "for" strike remainder of line
Line 21,
strike "issued," insert "evaluation"
Lines 25 and
26, strike "admission psychiatric
hospitalization pursuant to section 36‑524" insert
"admission"
Page 24,
line 11, strike "psychiatric hospitalization"
insert "admission for evaluation"
Lines 13 and
14, strike "admission psychiatric
hospitalization" insert "admission"
Line 15, strike
"hospitalized in" insert "admitted to"
Lines 16 and
17, strike "admission psychiatric
hospitalization" insert "admission"
Page 24,
line 20, after the period insert "if the applicant is not a
medical professional, the screening agency shall assist the applicant to
develop the relevant mental health history and factual background appropriate
to complete the application."
Line 24,
after "that" insert "there
is reasonable cause to believe that"; strike "is,
as a result of has" insert "is, as a
result of"
Line 25,
strike "a danger to self or others," insert
"a danger to self or others,"
Line 27,
strike "prepetition" insert
"prepetition"
Page 25,
strike lines 5 and 6, insert "assertions in the
application."
Between
lines 19 and 20, insert:
"e. On receipt of the application, the evaluation agency
shall immediately cause the time and date of the receipt of the application to
be logged in a record of applications received by the evaluation agency. If
the application is in writing, the evaluation agency shall also cause the time
and date of receipt to be noted on the front of the application."
Reletter to
conform
Line 21,
strike "are" insert "is";
strike "grounds" insert "cause";
strike "has" insert "is a
danger to self or others as the result of"
Line 25, strike
"hospitalization" insert "admission
to an evaluation agency"
Line 31,
strike "psychiatric hospitalization" insert
"admission for evaluation"
Line 32,
strike "grounds exist" insert "cause exists"
Page 26,
between lines 5 and 6, insert:
"H. If the evaluation agency determines that no reasonable
cause exists to believe that the proposed patient is in need of admission for
emergency evaluation and that the application is to be denied, the denial must
first be reviewed and approved by the medical director of the evaluation agency
or the medical director's designee. The evaluation agency shall
issue a written denial of the application to the applicant and the proposed
patient stating the reasons the application is denied on a form prescribed by the
director."
Page 26,
line 8, strike "psychiatric"
Strike line
9, insert "admission from a nonevaluating hospital"
Between
lines 9 and 10, insert:
"A. If the attending physician of a person admitted to or
located at a nonevaluating hospital as an emergency patient or otherwise has
reasonable cause to believe that the person is, as a result of a mental
disorder, a danger to self or others and is in need of admission to an
evaluation agency pursuant to section 36‑524, the nonevaluating hospital
shall give the person a written notice on a form prescribed by the director
that the nonevaluating hospital is filing an application for such an admission
and shall cause the notice to be placed in the person's medical chart bearing
the time and date of the notice's issuance and a written statement of the
grounds on which the notice is issued. The nonevaluating hospital may hold the
person for two hours after issuing the notice for the purposes of preparing and
submitting an application to an evaluation agency."
Reletter to
conform
Lines 10 and
11, strike "psychiatric hospitalization" insert
"admission"
Line 12,
after "a" insert "nonevaluating";
strike "two" insert "four"
Line 14,
after "determination" insert "to grant or deny the application"; strike the comma insert
a period
Strike lines
15 through 24, insert "The evaluation agency shall make the
determination whether to grant or deny the application based on a review of the
contents of the application, any available relevant medical records and, if
practicable, an interview with the applicant and with any medical or hospital
personnel directly involved with the patient and an interview with the proposed
patient. The interview with the proposed patient may be conducted at the
nonevaluating hospital in person by a mental health provider, or by
telemedicine if the nonevaluating hospital and the evaluation agency have the
personnel and equipment to do so. All interviews conducted while the
person is located in a nonevaluating hospital shall be preceded by providing to
the person a written and oral statement that the interviewer is not affiliated
with the nonevaluating hospital and is not providing medical services to the
person and that any statements made to the interviewer are not protected by
physician‑patient privilege.
C. A
patient may be involuntarily detained in a nonevaluating hospital or"
Reletter to
conform
Page 26,
line 27, strike "psychiatric hospitalization"
insert "admission for evaluation"
Line 30,
after the first "the" insert "nonevaluating"
Lines 31 and
32, after the second "the" insert "nonevaluating"
Page 27,
line 1, after the second "the" insert "nonevaluating"
Line 3,
after the comma insert "the nonevaluating hospital shall
immediately notify the evaluation agency in writing."
Line 4,
after the first "the" insert "nonevaluating"
Line 5,
strike "evaluating" insert "evaluation"
Line 8,
after the first "the" insert "nonevaluating"
Line 10,
after the second "the" insert "nonevaluating"
Line 12,
strike "evaluating" insert "evaluation"; after "agency"
insert "or the admitting officer's designee"
Strike line
14, insert "nonevaluating hospital. the denial shall be
logged in a record of applications received by the evaluation agency and shall
be placed into the patient's medical chart.
F. The
evaluation agency must arrange transportation within nine hours for a patient
whose application for emergency evaluation has been granted and who is
medically ready for discharge."
Reletter to
conform
Line 15,
strike "evaluating" insert "evaluation"
Page 27,
line 16, after the second "the" insert "nonevaluating"
Line 17,
strike "screening or"
Line 18,
after "discharged" insert "from
a nonevaluating hospital"
Between
lines 18 and 19, insert:
"H. the admitting officer of the evaluation agency shall
make a determination based on the information present pursuant to section 36‑524
and may not deny an application based on the possibility that there may be
causes for the alleged behavior that have not yet been ruled out by additional
medical testing."
Lines 23 and
24, strike "the admitting officer of a screening agency
pursuant to section 36‑521.01 or"
Line 25,
strike ", subsection E F,"
Line 26,
strike "a screening agency or"
Line 29,
strike "36‑521.01 or"
Line 32,
strike "prepetition" insert
"prepetition"
Page 28,
line 2, after "emergency" strike remainder of
line
Line 3,
strike "screening" insert "admission
for evaluation"
Line 6,
strike "screening"
Line 18,
strike "psychiatric hospitalization" insert "admission"
Line 20,
strike "presentation admission"
insert "presentation"; strike "admission"
Strike line
21, insert "admission pursuant to"
Line 26,
strike "admission psychiatric
hospitalization" insert "admission"
Line 29,
strike "prepetition" insert
"prepetition"
Page 29,
line 1, strike "hospitalized" insert "admitted"
Line 9,
strike "prepetition" insert
"prepetition"
Strike lines
15 through 19
Reletter to
conform
Line 20,
strike "taken into custody who is
admitted" insert "taken into custody"
Line 21,
strike "admission psychiatric
hospitalization" insert "admission"
Page 29,
lines 22 and 23, strike "such detention the admission" insert "such a
detention"
Line 24,
after "for" strike remainder of line
Strike lines
25 and 26, insert "emergency evaluation may be"
Lines 28 and
32, strike "screening agency or"
Page 30,
line 6, after "a" insert "nonevaluating"
Line 10,
after "the" insert "nonevaluating"
Line 11,
strike "a screening agency or" insert "an"
Line 17,
after "from" insert "nonevaluating"
Line 19,
strike "screening agency and"
Line 21,
after "local" insert "nonevaluating"
Line 24, strike
"screening agency or"
Line 25,
after "the" insert "nonevaluating"
Line 27,
strike "a screening agency or" insert "an"
Line 28,
after the second "the" insert "nonevaluating"
Line 30,
strike "screening agency or"
Line 31,
after the second "the" insert "nonevaluating"
Page 31,
line 1, strike "screening agency or"
Line 2,
strike "screening or"
Line 5,
after "the" insert "nonevaluating"
Line 9,
after the second "the" insert "nonevaluating"
Line 13,
strike "relevant"
Line 14,
after the first "for" strike remainder of line
Strike line
15, insert "emergency admission."
Strike lines
16 through 23, insert:
"F. If
the proposed patient is not able to be placed in an evaluation agency for the
purposes of evaluation pursuant to this article because the proposed patient's
medical condition is such that the patient must remain in a nonevaluating
hospital for medical treatment, the evaluation agency shall file a request for
an emergency status conference with the court for the purpose of determining
the procedural due process to be applied in the case. On receipt of the
request, the court shall conduct a status conference on the same or next court
day. The status conference may be held by electronic means. If the court
determines that the medical condition of"
Page 31,
line 28, strike "resulting" insert "subsequent"
Page 32,
line 5, after "person" strike remainder of line
Strike line
6
Line 7,
strike "36‑524" insert "detained
under emergency detention"
Line 16,
strike "taken into custody admitted"
insert "taken into custody"
Strike lines
17 and 18
Line 19,
strike "director admitting officer"
insert "evaluation, the medical director"; strike "screening agency or"
Line 25,
strike "screening agency or"
Line 30,
strike "a screening agency or" insert "an"
Page 37,
strike lines 6 through 32
Page 38,
strike lines 1 through 24
Amend title to conform
Bill
Number: S.B. 1195