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2012 SESSION

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HB 475 Involuntary commitment; alters criteria for ordering mandatory outpatient treatment.

Introduced by: David B. Albo | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Involuntary commitment; mandatory outpatient treatment.  Alters the criteria for ordering a person to mandatory outpatient treatment or discharging a person for a period of mandatory outpatient treatment following involuntary commitment, replacing the requirements that the person has the capacity to understand and comply with the treatment, has expressed an interest in outpatient treatment, and has agreed to comply with the treatment with a requirement that the person has agreed to abide by the treatment plan and has the ability to do so. The bill also eliminates the requirement that providers of mandatory outpatient treatment services must have actually agreed to deliver such services before mandatory outpatient treatment may be ordered, and requires a finding that such services will be delivered to the person on an outpatient basis. The bill also provides that the duration of mandatory outpatient treatment following involuntary commitment shall not exceed 90 days, unless the order is continued. The bill also provides that mandatory outpatient treatment shall not include the use of physical force or restraint in administering medication.

SUMMARY AS INTRODUCED:

Involuntary commitment; mandatory outpatient treatment.  Alters the criteria for ordering a person to mandatory outpatient treatment, replacing the requirements that the person has the capacity to understand and comply with the treatment, has expressed an interest in outpatient treatment, and has agreed to comply with the treatment with a requirement that the person, if left untreated, is reasonably likely to meet the criteria for involuntary commitment and whose mental illness has caused the person to refuse treatment on more than one previous occasion. The bill also eliminates the requirement that the treating physician determine that the person has the capacity to understand and comply with the treatment, has expressed an interest in outpatient treatment, and has agreed to comply with the treatment before discharging a person for a period of mandatory outpatient treatment following involuntary commitment. The bill also provides that the duration of mandatory outpatient treatment following involuntary commitment shall not exceed 90 days, unless the order is continued. The bill also eliminates the requirement that providers of mandatory outpatient treatment services must have actually agreed to deliver such services before mandatory outpatient treatment may be ordered. The bill also eliminates certain types of evidence that the judge or special justice was required to consider before ordering involuntary commitment. The bill also provides that mandatory outpatient treatment shall be provided in the least restrictive appropriate manner and that treatment with anti-psychotic medication does not include the use of force or restraint in administering such medication.