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2005 SESSION

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SB 1017 Detention of a mentally incapacitated person; judicial authorization.

Introduced by: William C. Mims | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Judicial authorization of treatment and detention.  Clarifies the provisions relating to judicial authorization of treatment.  The bill defines "treatment" to include "the provision, withholding, or withdrawal of a specific treatment or course of treatment" when certain conditions are satisfied, such as the unavailability of a legally authorized representative, the incapacity of the person who is the subject of the petition to make an informed decision and unlikely prospect of the person to become capable of making an informed decision.  The proposed treatment must be in the best interest of the patient and "medically and ethically appropriate with respect to (i) the medical diagnosis and prognosis and (ii) any other information provided by the attending physician of the person for whom treatment is sought."  Further, the court's authority to dispense with service of the petition and notice of the hearing to the next of kin for persons who are patients in hospitals or facilities of the Department of Mental Health, Mental Retardation and Substance Abuse Services is simplified by adding the condition that such patients have "no known guardian or legally authorized representative at the time" and authorizing dispensing of notice to the next of kin when "treatment is necessary to prevent imminent or irreversible harm."  Palliative care may also be ordered.  Technical amendments are included.


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