This bill amends existing law to include "substance use disorder" in the definition of "mental illness" for the purposes of involuntary admissions to mental health facilities. Specifically, it inserts a new definition of "substance use disorder" that describes it as the chronic or habitual consumption of controlled substances or toxic vapors that significantly harms a person's health or social functioning. Additionally, the bill introduces a new paragraph that clarifies that "mental illness" encompasses substantial impairments caused by substance use disorder, while explicitly excluding impairments primarily caused by conditions such as epilepsy, intellectual disability, or alcohol dependence.

The bill also outlines the implications of these changes, indicating that individuals whose impairments are primarily due to substance use disorder may be subject to involuntary admission if they pose a danger to themselves or others. The Department of Health and Human Services anticipates that this will lead to increased demand for clinical evaluations, court hearings, and additional staffing, as well as the need for more treatment facilities to accommodate the expected rise in patients. The fiscal impact is projected to be significant, with potential costs exceeding $40 million for new facilities and ongoing operational expenses, alongside increased legal and administrative costs associated with the expanded criteria for involuntary admissions. The act is set to take effect on January 1, 2027.

Statutes affected:
Introduced: 135-C:2, 135-C:27, 135-C:34
HB1790 text: 135-C:2, 135-C:27, 135-C:34