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2015 SESSION

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SB 1270 Admission of incapacitated persons pursuant to advance directive, etc.; transportation order.

Introduced by: R. Creigh Deeds | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Admission of incapacitated persons pursuant to advance directive or by guardian; transportation; pilot program. Provides that when the employee or designee of a local community services board who is conducting the evaluation of an individual required for the issuance of a temporary detention order into a facility for the treatment of mental illness and finds that the individual (i) has a mental illness, (ii) needs treatment in such a facility, (iii) lacks the capacity to consent to admission to the facility, and (iv) has designated an agent or has a guardian who has the authority to consent to the individual's admission, the evaluator shall contact the agent or guardian and determine whether the agent or guardian authorizes the person's admission to such a facility. If the agent or guardian authorizes the person's admission, the evaluator shall request the magistrate to issue a transportation order providing for the transport of the person to the facility by law enforcement or an alternative transportation provider. The bill also authorizes such employee or designee of a local community services board to be a capacity reviewer for purposes of determining whether a person who has executed an advance directive is incapable of making an informed decision in regard to mental health care, including his admission to a facility for the treatment of mental illness. Current law allows only a licensed physician or a clinical psychologist to act as a capacity reviewer. The provisions of the bill only apply in those localities in which the State Board of Behavioral Health and Developmental Services has established a pilot program. The bill provides that any pilot program established by the Board shall commence on July 1, 2016, and that the Board shall report on the implementation and effectiveness of the pilot program no later than November 30, 2017. The provisions of the bill expire on July 1, 2018.


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