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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 | history

SUMMARY AS PASSED:

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.

SUMMARY AS PASSED SENATE:

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 according to the medical diagnosis and prognosis and 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.

SUMMARY AS INTRODUCED:

Judicial authorization of treatment and detention.  Modifies the court's authority to order a specific treatment or course of treatment for an adult person who is either incapable of making an informed decision or incapable of communicating the decision. "Course of treatment" is defined to include a specific treatment or the withholding or withdrawal of a specific treatment upon a showing that the withholding or withdrawal is consistent with the medical standard of care or that the person's condition is terminal and that continuation of the treatment would only serve to prolong artificially the dying process. When the person for whom consent to a specific treatment or course of treatment is sought is an inpatient in a hospital or a facility operated by the Department of Mental Health, Mental Retardation or Substance Abuse Services and has no known guardian or legally authorized representative, the court may dispense with notice to the next of kin. Technical amendments are included.