H1233B2083A06145 DMS:JMT 03/16/18 #90 A06145
AMENDMENTS TO HOUSE BILL NO. 1233
Sponsor: SENATOR BAKER
Printer's No. 2083
Amend Bill, page 1, line 7, by striking out "and" and
inserting a comma
Amend Bill, page 1, line 8, by inserting after "plan"
, and assisted outpatient treatment implementation by counties
Amend Bill, page 2, line 15, by striking out all of said line
and inserting
may include one or more of the following services:
Amend Bill, page 3, lines 9 through 22, by striking out "A
physician, licensed" in line 9 and all of lines 10 through 22
and inserting
A mental health professional who:
(1) has a graduate degree, or the international equivalent,
from an institution accredited or evaluated by an organization
recognized by the department in a generally recognized clinical
discipline that includes mental health clinical experience;
(2) has mental health clinical experience; and
(3) is licensed or certified by the Commonwealth.
Amend Bill, page 4, line 4, by inserting after "by"
a qualified professional or
Amend Bill, page 4, line 6, by inserting after "person."
The treatment plan shall be reviewed and approved by a
psychiatrist or a licensed clinical psychologist prior to
submission to the court.
Amend Bill, page 4, by inserting between lines 19 and 20
(c) In the development and approval of an individualized
treatment plan, nothing in this subsection shall be construed to
require a county to include in a person's individual treatment
plan for assisted outpatient treatment a service that is not
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available in that county or for which no funding source or
provider is available to pay for or render the service.
Section 4. The act is amended by adding a section to read:
Section 117. Assisted Outpatient Treatment Implementation by
Counties.--(a) (1) The county administrator of any county may
determine annually that the county mental health and
intellectual disabilities program will not provide assisted
outpatient treatment pursuant to section 301(c). The county
administrator making the determination shall:
(i) provide notice to the Secretary of Health that the
county program will not provide assisted outpatient treatment in
accordance with section 301(c); and
(ii) notify the county local authority of the decision not
to offer assisted outpatient treatment in accordance with
section 301(c).
(2) The notification to the Secretary of Health under
paragraph (1) shall be submitted annually in a form determined
by the Secretary of Health.
(b) The Secretary of Health shall grant an annual waiver to
any county that has notified the Secretary of Health under
subsection (a) of the county's decision not to offer assisted
outpatient services pursuant to section 301(c).
(c) Nothing in this section shall be construed as permitting
a county or the Secretary of Health to waive existing
obligations of a county to serve seriously mentally ill
residents in accordance with all other applicable provisions of
law and regulation.
Amend Bill, page 4, line 20, by striking out "4" and
inserting
5
Amend Bill, page 5, line 17, by striking out "At least twice
within" and inserting
Within
Amend Bill, page 5, line 17, by striking out "36" and
inserting
12
Amend Bill, page 5, line 22, by striking out "36-month" and
inserting
12-month
Amend Bill, page 5, line 25, by striking out "36-month" and
inserting
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12-month
Amend Bill, page 6, line 7, by striking out the period after
"treatment" and inserting
and the person previously has been offered voluntary
treatment services but has not accepted or has refused to
participate on a sustained basis in voluntary treatment,
provided that voluntary agreement to enter into services by a
person during the pendency of a petition for assisted outpatient
treatment shall not preclude the court from ordering assisted
outpatient treatment for that person if reasonable evidence
exists to believe that the person is unlikely to make a
voluntary sustained commitment to and remain in a treatment
program.
Amend Bill, page 6, line 17, by striking out "5" and
inserting
6
Amend Bill, page 7, line 13, by striking out "6" and
inserting
7
Amend Bill, page 10, lines 28 through 30; page 11, lines 1
through 7; by striking out "ANY QUALIFIED" in line 28, all of
lines 29 and 30 on page 10 and all of lines 1 through 7 on page
11 and inserting
:
(i) a qualified professional who is appointed by the court
and is not a psychiatrist or licensed clinical psychologist,
shall be selected from a panel of qualified professionals
specifically designated by the county administrator for the
qualified professional's demonstrated expertise and ability to
conduct court-ordered examinations for assisted outpatient
treatment consistent with the qualified professional's scope of
practice;
(ii) the examination shall be conducted on an outpatient
basis and the person shall have the right to have counsel
present;
(iii) the written report prepared by the qualified
professional under subclause (i) shall be reviewed and approved
by a psychiatrist or a licensed clinical psychologist prior to
submission to the court; and
(iv) the written report on the results of the examination
shall be given to the court and counsel at least 48 hours prior
to the hearing.
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Amend Bill, page 12, lines 8 and 9, by striking out
"qualified professional " and inserting
treatment team
Amend Bill, page 12, line 15, by striking out "qualified
professional" and inserting
treatment team
Amend Bill, page 13, line 3, by striking out "qualified
professional" and inserting
treatment team
Amend Bill, page 13, line 3, by striking out "it" and
inserting
the prescribing physician's order
Amend Bill, page 13, lines 5 and 6, by striking out "and
shall specify type and dosage range of medication "
Amend Bill, page 15, line 6, by inserting after "judgment"
and under supervision of the prescribing physician
Amend Bill, page 18, line 1, by striking out "7" and
inserting
8
Amend Bill, page 18, line 13, by striking out "8" and
inserting
9
Amend Bill, page 18, line 13, by striking out "90" and
inserting
180
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