The proposed bill seeks to amend current statutes by introducing a new section, 36-540.03, which would allow courts to issue orders for intensive treatment services for individuals identified as seriously mentally ill and chronically resistant to treatment. This addition would enhance the existing legal framework, which currently focuses on treatment for individuals posing a danger to themselves or others, by specifically addressing the need for intensive treatment options. The bill mandates that such orders can only be issued if there is clear and convincing evidence of chronic resistance to treatment, and it requires that these services have an identified funding source.

Furthermore, the bill establishes procedural requirements for the issuance of intensive treatment orders, including the necessity of a written treatment plan approved by both the court and the medical director of the treatment agency. It outlines criteria for assessing chronic resistance to treatment and mandates regular compliance hearings to monitor patient adherence. The bill also emphasizes the importance of informing patients about the enforceability of treatment plans and the implications of noncompliance, while ensuring that patients are not required to consent to treatment if their mental disorder significantly impairs their decision-making capacity. These updates aim to improve treatment effectiveness and protect patient rights within the mental health system.

Statutes affected:
Introduced Version: 36-540.03
House Engrossed Version: 36-540.03