Bill Summary – FastDemocracy

ENGROSSED ORIGINAL

                                             A BILL

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                                              25-692

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                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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                                         ______________

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 To amend Chapter 5 of Title 21 of the District of Columbia Official Code to ensure that

       healthcare workers and residents possess the requisite information and resources to

       secure mental health support for individuals at risk of self-harm or harm to others, to

       authorize qualified nurse practitioners to initiate the process for emergency

       hospitalization, and to extend the time for the court to conduct certain hearings; to amend

       section 21-2047 of the District of Columbia Official Code to clarify the authority of a

       general guardian or limited guardian to consent to medical examination or care for their

       ward; to amend the Incompetent Defendants Criminal Commitment Act of 2004 to allow

       48 hours for the court to hold a probable cause hearing on a defendant’s continued

       detention; and to amend the Department of Behavioral Health Establishment Act of 2013

       to develop online training materials covering the District’s mental health laws.

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        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the “Enhancing Mental Health Crisis Support and Hospitalization

 Amendment Act of 2024”.

        Sec. 2. Chapter 5 of Title 21 of the District of Columbia Official Code is amended as

 follows:

        (a) Section 21-501 is amended as follows:

                (1) Paragraph (4A) is amended by striking the phrase “Department of Mental

 Health” and inserting the phrase “Department of Behavioral Health” in its place.

                (2) Designate the existing paragraph (9A) as paragraph (9B).

                (3) A new paragraph (9A) is added to read as follows:

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                “(9A) “Qualified nurse practitioner” means a person who is licensed under the

 laws of the District of Columbia to practice as a certified nurse practitioner pursuant to § 3-

 1206.07a, has completed a master’s or doctoral degree in psychiatric nursing, and is nationally

 board-certified as a psychiatric-mental health nurse practitioner.

                (4) Paragraph (9B) is amended by striking the word “section” and inserting the

 symbol “§” in its place.

                (5) Paragraph (10) is amended by striking the phase “section 501 of the District of

 Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99;

 D.C. Official Code § 3-1205.01),” and inserting the phrase “§ 3-1205.01, or working as a

 psychologist and authorized to practice pursuant to § 3-1205.02(a)(2),” in its place.

        (b) Section 21-501.01(a) is amended by striking the phrase “the District of Columbia

 Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C.

 Official Code § 3-1201.01 et seq.).” and inserting the phrase “§ 3-1201.01 et seq.” in its place.

        (c) Section 21-511(b) is amended by striking the phrase “the Mental Health Service

 Delivery Reform Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official

 Code § 7-1131.01 et seq.),” and inserting the phrase “§ 7-1131.01 et seq.,” in its place.

        (d) Section 21-512 is amended by striking the phrase “section 21-511” wherever it

 appears and inserting the phrase “§ 21-511” in its place.

        (e) Section 21-513 is amended by striking the phrase “section 21-514” and inserting the

 phrase “§ 21-514” in its place.

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          (f) Section 21-514 is amended by striking the phrase “section 21-513” and inserting the

 phrase “§ 21-513” in its place.

          (g) Section 21-521 is amended to read as follows:

          “§ 21–521. Detention of persons believed to be mentally ill; transportation and

 application to hospital.

          “An accredited officer or agent of the Department of Behavioral Health, or an officer

 authorized to make arrests in the District of Columbia, or a physician, qualified psychologist, or

 qualified nurse practitioner of the person in question, who has reason to believe that a person is

 mentally ill and, because of the illness, is likely to injure themselves or others if they are not

 immediately detained may, without a warrant, take the person into custody, transport them to a

 public or private hospital, or to the Department, and make application for their admission thereto

 for purposes of emergency observation and diagnosis. The application shall reveal the

 circumstances under which the person was taken into custody and the reasons therefor.”.

          (h) Section 21-522 is amended as follows:

                 (1) Strike the word “section” wherever it appears and insert the symbol “§” in its

 place.

                 (2) Subsection (d) is amended by striking the phrase “the District of Columbia

 Mental Health Information Act of 1978, effective March 3, 1979 (D.C. Law 2-136; D.C. Official

 Code § 7-1201.01 et seq.),” and inserting the phrase “§ 7-1201.01 et seq.,” in its place.

          (i) Section 21-523 is amended as follows:

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                 (1) Designate the existing text as subsection (a).

                 (2) Subsection (a) is amended by striking the phrase “section 21-522” and

 inserting the phrase “§ 21-522” in its place.

                 (3) A new subsection (b) is added to read as follows:

         “(b) A person brought in for emergency diagnosis and observation may be provided

 treatment if the person gives their informed consent or has been deemed incapacitated and

 substituted consent has been given, pursuant to § 21-2210, prior to commitment.”.

         (j) Section 21-524 is amended as follows:

                 (1) Subsection (a) is amended by striking the phrase “section 21-523” and

 inserting the phrase “§ 21-523” in its place.

                 (2) Subsection (b) is amended by striking the phrase “section 21-522” and

 inserting the phrase “§ 21-522” in its place.

         (k) Section 21-525 is amended to read as follows:

         “§ 21-525. Hearing by court.

         “The court shall grant a hearing to a person whose continued hospitalization is ordered

 under § 21-524, if they request the hearing. The hearing shall be held within 48 hours after

 receipt of the request.”.

         (l) Section 21-526 is amended as follows:

                 (1) Subsection (a) is amended to read as follows:

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         “(a) If the maximum period of time prescribed by §§ 21-512, 21-523, 21-524, 21-525, or

 21-548, during which an action or determination may or shall be taken, expires on a Saturday,

 Sunday, legal holiday, or day on which the Court is closed, the period may be extended to not

 later than noon of the next succeeding day which is not a Saturday, Sunday, legal holiday, or day

 on which the Court is closed.”.

                (2) Subsection (c) is amended as follows:

                         (A) Strike the phrase “section 21-524” and insert the phrase “§ 21-524” in

 its place.

                         (B) Strike the phrase “section 21-543(b)” and insert the phrase “§ 21-

 543(b)” in its place.

                (3) Subsection (d) is amended by striking the phrase “section 21-542” and

 inserting the phrase “§ 21-542” in its place.

                (4) Subsection (e) is amended by striking the phrase “chapter.” and inserting the

 phrase “chapter; except, that the person may agree to remain in an inpatient status on a voluntary

 basis until an appropriate discharge plan is implemented if the Department agrees that this is an

 appropriate accommodation.” in its place.

                (5) A new subsection (f) is added to read as follows:

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         “(f)(1) If it is determined by the Court that transporting the person who is the subject of

 detention for emergency observation and diagnosis to the courthouse for a hearing under § 21-

 525 poses a significant risk to the safety and wellbeing of the person, court personnel, or the

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 public, the Court may, upon written request from the chief of service of a hospital, the chief

 clinical officer of the Department of Behavioral Health or their designee, or the person’s

 attorney, grant a continuance of the hearing. The Court shall consider reasonable alternatives to

 in-person attendance, such as virtual attendance, in lieu of granting a continuance under this

 subsection. The continuance shall last no longer than 48 hours and shall take into consideration

 the nature of the case and the specific circumstances that would warrant a continuance, which

 may include:

                         “(A) severe weather conditions that pose a safety risk;

                         “(B) threats to the security of the individuals transporting the person who

 is the subject of detention for emergency observation and diagnosis;

                         “(C) medical conditions of the person that would make transportation

 unsafe; and

                         “(D) A declaration of a public health emergency that would make an in-

 person hearing unsafe.

        “(2) If the Court grants a continuance under paragraph (1) of this subsection, the 48-hour

 time period for holding a hearing under § 21-525 shall be tolled for the duration of the

 continuance.”.

        (m) Section 21-527 is amended as follows:

                  (1) Strike the phrase “section 21-524” both times it appears and insert the phrase

 “§ 21-524” in its place.

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                    (2) Subsection (b) is amended as follows:

                           (A) Paragraph (1) is amended by striking the phrase “section 21-526(c)”

 and inserting the phrase “§ 21-526(c)” in its place.

                           (B) Paragraph (2)(D) is amended by striking the phrase “the District of

 Columbia Mental Health Information Act of 1978, effective March 3, 1979 (D.C. Law 2-136;

 D.C. Official Code § 7-1201.01 et seq.).” and inserting the phrase “§ 7-1201.01 et seq.” in its

 place.

          (n) Section 21-541 is amended as follows:

                    (1) A new subsection (a-1) is added to read as follows:

          “(a-1) Except for those petitions filed by the Department, all petitions filed seeking

 commitment of a person to the Department shall be served upon the Director of the Department

 or their designee.”

                    (2) Subsection (b) is amended to read as follows:

          “(b) Within 3 days after the Department receives a petition filed under subsection (a) of

 this section, the Department shall serve a copy of the petition on the person with respect to whom

 it was filed by:

                    “(1) personally serving the person with a copy of the petition; or

                    “(2) mailing a copy of the petition to the person’s last known home.

                    “(3) delivering a copy of the petition to the person’s last known home or business

 address and leaving it with someone of suitable age and discretion who resides or is employed

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 there and who attests that the person with respect to whom the petition was filed also resides

 there.”

                      (3) A new subsection (b-1) is added to read as follows:

           “(b-1) If the petition is served via one of the methods authorized under subsection (b)(2)

 or (b)(3), the petition shall be sealed in an envelope and conspicuously marked with the

 following statement:

           “IMPORTANT LEGAL DOCUMENTS - TO BE OPENED ONLY BY THE

 INDIVIDUAL NAMED ON THIS ENVELOPE”.”.

           (o) Section 21-542 is amended as follows:

                  (1) Subsection (a) is amended by striking the phrase “section 21-541” and

 inserting the phrase “§ 21-541” in its place.

                  (2) Subsection (b) is amended by striking the phrase “section 21-586” and

 inserting the phrase “§ 21-586” in its place.

                   (3) A new subsection (c) is added to read as follows:

           “(c) If it is determined by the Commission that transporting a person who is the subject of

 a petition filed under § 21-541 for a hearing under this section poses a significant risk to the

 safety and wellbeing to the person, court personnel, or the public, the Commission may, upon

 written request from the chief of service of a hospital, the chief clinical officer of the Department

 of Behavioral Health or their designee, or the person’s attorney, grant a continuance of the

 hearing. The Commission shall consider reasonable alternatives to in-person attendance, such as

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 virtual attendance, in lieu of granting a continuance under this section. The continuance shall last

 for no longer than 48 hours and shall take into consideration the nature of the case and the

 specific circumstances that would warrant a continuance, which may include:

                 “(1) severe weather conditions that pose a safety risk;

                 “(2) threats to the security of the individuals transporting the person subject to the

         petition;

                 “(3) medical conditions of the person that would make transportation unsafe; or

                 “(4) a declaration of a public health emergency that would make an in-person

 hearing unsafe.”.

         (p) Section 21-544 is amended by striking the phrase “section 21-542” and inserting the

 phrase “§ 21-542” in its place.

         (q) Section 21-545 is amended as follows:

                 (1) Subsection (a) is amended as follows:

                         (A) Strike the phrase “section 21-544” and insert the phrase “§ 21-544”

 in its place.

                         (B) Strike the phrase “served personally” and insert the word “served” in

 its place.

         (r) Section 21-545.01 is amended as follows:

                 (1) Strike the phrase “registered mail” both times it appears and insert the word

 “mail” in its place.

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                    (2) Strike the phrase “section 21-545” wherever it appears and insert the phrase “§

 21-545” in its place.

                    (3) Subsection (a) is amended as follows:

                           (A) Designate the existing text as paragraph (1).

                           (B) Paragraph (1) is amended by striking the phrase “a petition of

         commitment” and insert the phrase “a petition for renewal of commitment” in its place.

                           (C) A new paragraph (2) is added to read as follows:

                    “(2) In lieu of a certificate from a psychiatrist or qualified psychologist, the

 petition for renewal of commitment may be supported by a sworn written statement from the

 petitioner that:

                           “(A) the petitioner has good reason to believe that the person is mentally

 ill, and, because of the illness, is likely to injure themselves or others if not recommitted; and

                           “(B) the person has refused to submit to examination by a psychiatrist or

 qualified psychologist.”.

                    (4) Subsection (c) is amended by striking the phrase “sections 21-542 and 21-

 543” and insert the phrase “§§ 21-542 and 21-543” in its place.

         (s) Section 21-546 is amended as follows:

                    (1) Strike the phrase “section 21-545” wherever it appears and insert the phrase “§

 21-545” in its place.

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                (2) Strike the phrase “section 21-545.01” wherever it appears and insert the

 phrase “§ 21-545.01” in its place.

        (t) Section 21-547(a) is amended by striking the phrase “section 21-546” and inserting

 the phrase “§ 21-546” in its place.

        (u) Section 21-548 is amended as follows:

                (1) Strike the phrase “section 21-545 or section 21-545.01” both times it appears

 and insert the phrase “§ 21-545 or § 21-545.01” in its place.

                (2) Subsection (b) is amended as follows:

                        (A) Paragraph (2) is amended by striking the number “24” and inserting

 the number “48” in its place.

                        (B) Paragraph (3) is amended as follows:

                                  (i) Strike the number “24” and insert the number “48” in its place.

                                  (ii) Strike the word “affidavit” both times it appears and insert the

 word “statement” in its place.

                        (C) Paragraph (4) is amended by striking the phrase “notice and affidavit”

 and inserting the phrase “notice and statement” in its place.

                        (D) Paragraph (6) is amended by striking the phrase “section 21-526” and

 inserting the phrase “§ 21-526” in its place.

        (v) Section 21-551(a) is amended by striking the phrase “section 21-545” and inserting

 the phrase “§ 21-545” in its place.

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        (w) Section 21-561(a) is amended to read as follows:

        “(a) A person hospitalized in a public or private hospital pursuant to this chapter, or

 committed under §§ 21-545, 21-545.01, or 21-548, may exercise the right to communicate with

 others as set forth in § 7-1231.01 et seq.”.

        (x) Section 21-562 is amended by striking the phrase “the District of Columbia Mental

 Health Information Act of 1978, effective March 3, 1979 (D.C. Law 2-136; D.C. Official Code §

 7-1201.01 et seq.),” and inserting the phras