Present law provides for a probable cause hearing to determine if a person meets the prerequisites to judicial commitment for involuntary care and treatment. A person may be judicially committed to involuntary care and treatment if the person has a mental illness or serious emotional disturbance, the person poses a substantial likelihood of serious harm because of the mental illness or serious emotional disturbance, the person needs care, training, or treatment because of the mental illness or serious emotional disturbance, and all available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person. Present law requires the person with overall authority for a public or private hospital, developmental center, treatment resource, or developmental disabilities service or facility, or the person's designee ("chief officer") to file with the court, by the time of the probable cause hearing, certificates of need for care and treatment from two licensed physicians or one licensed physician and a qualified psychologist certifying that the defendant satisfies the requirements for judicial commitment for involuntary care and treatment, and that if involuntary treatment is not continued, the defendant's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would be again admissible to a treatment facility, and showing the factual foundation for the conclusions on each item of the certificates.
This bill adds to the present law by also authorizing certificates of need for care and treatment from one licensed physician and one qualified advanced practice provider to certify that the defendant satisfies the requirements for judicial commitment for involuntary care and treatment, and to certify that if involuntary treatment is not continued, the defendant's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would again be admissible to a treatment facility, and to show the factual foundation for the conclusions on each item of the certificates.
JUDICIAL COMMITMENT
Present law prohibits a defendant from being judicially committed for involuntary care and treatment, unless two licensed physicians, or one licensed physician and one licensed psychologist, file in the commitment proceeding certificates of need for care and treatment certifying that the defendant satisfies the requirements for judicial commitment for involuntary care and treatment and showing the factual foundation for the conclusions on each item.
This bill adds to the present law by also authorizing one licensed physician and one qualified advanced practice provider to file in the commitment proceeding certificates of need for care and treatment certifying that the defendant satisfies the requirements for judicial commitment for involuntary care and treatment and showing the factual foundation for the conclusions on each item.
JUDICIAL COMMITMENT OF A CHILD UNDER 16
Present law prohibits a defendant who is a child under 16 from being judicially committed unless one of the certificates is by a physician or psychologist with experience with children. This bill prohibits a defendant who is a child under 16 from being judicially committed unless one of the certificates is filed by a physician, psychologist, or qualified advanced practice provider with experience with children.
ON MARCH 25, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1682, AS AMENDED.
AMENDMENT #1 rewrites the bill as follows:
(1) Requires the person with overall authority for a public or private hospital, developmental center, treatment resource, or developmental disabilities service or facility, or the person's designee ("chief officer") to file with the court, by the time of the probable cause hearing for emergency involuntary admission to inpatient treatment, certificates of need for care and treatment from (i) two licensed physicians; (ii) one licensed physician and one psychologist; or (iii) one licensed physician and one qualified advanced practice provider, who is not in a collaborating agreement with the licensed physician who signed the other certificate of need filed with the court as required by state law, certifying that the defendant satisfies the prerequisites for judicial commitment for involuntary care and treatment, and certifying that if involuntary treatment is not continued, the defendant's condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would again be admissible for emergency involuntary inpatient treatment, and showing the factual foundation for the conclusions on each item of the certificates; and
(2) Prohibits a defendant from being judicially committed for nonemergency involuntary inpatient treatment unless (i) two licensed physicians; (ii) one licensed physician and one licensed psychologist; or (iii) one licensed physician and one qualified advanced practice provider, who is not in a collaborating agreement with the licensed physician who signed the other certificate required by state law, file in the commitment proceeding certificates of need for care and treatment certifying that the defendant satisfies the prerequisites for nonemergency involuntary admission to inpatient treatment and showing the factual foundation for the conclusions on each item. A defendant who is a child under 16 must not be judicially committed for nonemergency involuntary inpatient treatment unless one of the certificates is filed by a physician, psychologist, or qualified advanced practice provider with experience with children.

Statutes affected:
Introduced: 33-6-421, 33-6-503
Amended with HA0712 -- 03/25/2024: 33-6-421, 33-6-503