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2016 SESSION

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HB 811 Involuntary admission procedures; notification to family member about proceedings.

Introduced by: Robert B. Bell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Involuntary admission procedures. Provides that, as soon as practicable after being provided with the time and location of a commitment hearing, the community services board shall make a reasonable effort to notify the personal representative of the person who is the subject of the hearing and the spouse, parent, or adult child of such person. The bill also provides that any individual, including any individual who is given notice of the commitment hearing by the community services board, may testify and present evidence at the hearing and that the judge or special justice conducting the hearing shall consider any testimony of or evidence presented by such personal representative, spouse, parent, or adult child. Finally, the bill imposes a duty on health care providers providing services to a person subject to emergency custody, temporary detention, or involuntary admission proceedings to make a reasonable attempt to notify the person's family member or personal representative and clarifies that such representative includes an agent named in an advance directive; currently, such health care provider has discretion as to whether to make such notification.

SUMMARY AS INTRODUCED:

Temporary detention and involuntary admission procedures. Provides that, if available, the recommendations of the personal representative and interested relatives of a person who is subject to temporary detention or involuntary admission proceedings shall be considered by the magistrate, judge, or special justice conducting the proceedings. The bill also requires the community services board evaluating a person for temporary detention, if the evaluation recommends that the person not be subject to temporary detention, (i) to notify the person's personal representative of such recommendation or, if no personal representative exists, the person's nearest interested relative, if the petitioner is not an interested relative, in addition to the current obligation to notify the petitioner and an onsite treating physician; (ii) to include in such evaluation any contrary recommendations, if available, by the person's personal representative, interested relatives, or treating or examining physician; and (iii) to arrange for the petitioner, personal representative, or interested relative to communicate with the magistrate prior to taking action on the petition for temporary detention. The bill requires further that the judge or special justice conducting an involuntary admission hearing consider, if available, the recommendations of the person's personal representative and interested relatives. The bill also requires that notice of the hearing be given to the person's personal representative or, if no personal representative exists, the person's nearest interested relative, if the petitioner is not an interested relative. Finally, the bill imposes a duty on health care providers providing services to a person subject to emergency custody, temporary detention, or involuntary admission proceedings to make a reasonable attempt to notify the person's family member or personal representative and clarifies that such representative includes an agent named in an advance directive; currently, such health care provider has discretion as to whether to make such notification.