impaired persons; court-ordered stabilization
What changed between versions
New Article 5 establishes court-ordered stabilization procedures for impaired persons, allowing involuntary admission for up to five calendar days to resolve substance-related impairments.
Added definition of 'impaired person' as someone whose judgment is impaired due to intoxication, withdrawal, or substance-induced symptoms, making them incapable of rational decisions about safety and basic needs.
Amended section 36-501 definitions to include 'health care decision maker', 'health care entity', 'health care provider', 'independent evaluator', 'informed consent', 'least restrictive treatment alternative', and 'mental health treatment agency'.
Requires court-appointed counsel for impaired persons within 24 hours of stabilization order, with attorneys required to confer with the person and inform them of their rights.
Mandates daily assessment of impaired persons to determine if they remain impaired, with release required if they no longer meet the definition of impaired person.
Establishes that impaired persons cannot be treated without their express consent, except for emergency safety measures like seclusion or restraints.
Added requirement that evaluation agencies prepare a post-release care plan in conjunction with community treatment agencies before releasing impaired persons.
Requires county attorneys to represent the evaluation agency in judicial proceedings for court-ordered stabilization and defend challenges to detention.
Specifies that costs of court proceedings and services under the stabilization article shall be charged to the administration or third-party payors, with no charges to the impaired person.