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PRINTER'S NO. 1172
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
962
Session of
2023
INTRODUCED BY LAUGHLIN, A. WILLIAMS, LANGERHOLC, SCHWANK,
DILLON, FLYNN, PENNYCUICK, YAW, BROOKS AND BOSCOLA,
OCTOBER 18, 2023
REFERRED TO HEALTH AND HUMAN SERVICES, OCTOBER 18, 2023
AN ACT
Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An
act relating to mental health procedures; providing for the
treatment and rights of mentally disabled persons, for
voluntary and involuntary examination and treatment and for
determinations affecting those charged with crime or under
sentence," providing for involuntary examination and
treatment of substance use disorders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 9, 1976 (P.L.817, No.143), known
as the Mental Health Procedures Act, is amended by adding an
article to read:
ARTICLE III-A
INVOLUNTARY EXAMINATION AND TREATMENT OF
SUBSTANCE USE DISORDERS
Section 301-A. Declaration of policy.
The General Assembly finds and declares as follows:
(1) It is the policy of the Commonwealth to seek to
ensure the availability of adequate treatment to persons with
substance use disorders.
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(2) The provisions of this act shall be interpreted in
conformity with the principles of due process to make
voluntary and involuntary treatment available where the need
is great and its absence could result in serious harm to
persons with a substance use disorder or to others.
(3) Treatment for persons with substance use disorders
on a voluntary basis shall be preferred to involuntary
treatment.
Section 302-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Drug." A substance that produces a physiological effect
when ingested or introduced into the body. The term includes an
illicit or legal substance.
"Drug overdose event." As defined in section 13.7(f) of the
act of April 14, 1972
(P.L.233, No.64), known as The Controlled
Substance, Drug,
Device and Cosmetic Act.
"Substance use disorder." A treatable mental health
condition that affects a person's brain and behavior, leading to
the person's inability to control the person's use of legal or
illegal drugs, alcohol or medications.
Section 303-A. Applicability to persons with substance use
disorders.
(a) Construction.--Except as otherwise provided under this
act,
the act of April 14, 1972 (P.L.221, No.63), known as the
Pennsylvania Drug and Alcohol Abuse Control Act, and 61
Pa.C.S.
Ch. 41 (relating to State Drug Treatment Program), a
person with
a substance use disorder who has experienced a drug overdose
event may be construed as a person who is mentally ill or
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severely mentally disabled under this act.
(b) Immunity.--A person with a substance use disorder who
has
experienced a drug overdose event may not be charged and
shall be immune
from prosecution and for a violation of
probation or parole if
law enforcement only became aware of the
person's commission of
an offense under section 13(a)(16), (19),
(31), (32), (33) or (37) of the act of April 14, 1972
(P.L.233,
No.64), known as The Controlled Substance, Drug,
Device and
Cosmetic Act, because the person received
voluntary or
involuntary treatment under this act. The following shall apply:
(1) This subsection may not interfere with or prevent
the investigation, arrest, charging or prosecution of a
person for the delivery or distribution of a controlled
substance, drug-induced homicide or any other crime specified
under section 13(a) of The Controlled Substance, Drug, Device
and Cosmetic Act or any other law of this Commonwealth.
(2) This subsection may not bar the admissibility of any
evidence in connection with the investigation and prosecution
for any other prosecution not barred by this subsection.
(3) This subsection may not bar the admissibility of any
evidence in connection with the investigation and prosecution
of a crime with regard to another defendant who does not
independently qualify for the prohibition on charging or
prosecuting a person as provided for by this subsection.
(4) In addition to any other applicable immunity or
limitation on civil liability, a law enforcement officer or
prosecuting attorney who, acting in good faith, charges a
person who is thereafter determined to be entitled to
immunity under this subsection shall not be subject to civil
liability for the filing of the charges.
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Section 304-A . Persons who may be subject to involuntary
emergency examination and treatment.
If a person experiences a drug overdose event, the person
shall be in need of immediate treatment for the substance use
disorder if the person has been given a life-sustaining drug by
an individual, EMS provider or physician for an intentional or
unintentional drug overdose or the person has been transported
to a hospital for an intentional or unintentional drug overdose.
Section 305-A . Involuntary emergency examination and treatment
authorized by physician or substance use disorder
treatment provider.
(a) Application for examination.--Emergency examination may
be undertaken at a treatment facility upon any of the following:
(1) The certification of a physician or substance use
disorder treatment provider stating the need for the
examination.
(2) A warrant issued by the county administrator
authorizing the examination.
(3) Without a warrant, an application by a physician,
substance use disorder treatment provider or other authorized
person who has personally observed conduct showing the need
for the examination.
(b) Warrant for emergency examination.--Upon written
application by a physician or substance use disorder treatment
provider stating facts constituting reasonable grounds to
believe a person has a substance use disorder and is in need of
immediate treatment, the county administrator may issue a
warrant requiring a person authorized by the county
administrator or a peace officer to take the person to the
facility specified in the warrant.
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(c) Emergency examination without a warrant.--Upon personal
observation of the conduct of a person constituting reasonable
grounds to believe that the person has a substance use disorder
and is in need of immediate treatment, a physician, substance
use disorder treatment provider, peace officer or any other
person authorized by the county administrator may take the
person to an approved facility for an emergency examination.
Upon arrival, the physician, substance use disorder treatment
provider, peace officer or any other person authorized by the
county administrator shall make a written statement specifying
the grounds for believing the person to be in need of an
examination.
(d) Examination and determination of need for emergency
treatment.--A person taken to a facility shall be examined by a
physician or substance use disorder treatment provider within
two hours of arrival in order to determine if the person has a
substance use disorder within the meaning of section 304-A and
is in need of immediate treatment. If it is determined that the
person has a substance use disorder and is in need of emergency
treatment, treatment shall begin immediately. If the physician
or substance use disorder treatment provider does not so find,
or if at any time it appears there is no longer a need for
immediate treatment, the person shall be discharged and returned
to the place as the person may reasonably direct. The physician
or substance use disorder treatment provider shall make a record
of the examination and the findings. A person may not be
accepted for involuntary emergency treatment if a previous
application was granted for the treatment and the new
application is not based on behavior occurring after the
previous application.
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(e) Notification of rights at emergency examination.--Upon
arrival at the facility, the person shall be informed of the
reasons for emergency examination and of the right to
communicate immediately with others. The person shall be given
reasonable use of the telephone. The person shall be requested
to furnish the names of parties whom the person may want
notified of the persons custody and kept informed of the status.
The county administrator or the director of the facility shall
have the following duties:
(1) Give notice to the parties of the whereabouts and
status of the person, how and when the person may be
contacted and visited and how they may obtain information
concerning the person while in inpatient treatment.
(2) Take reasonable steps to ensure that while the
person is detained, the health and safety needs of any of the
person's dependents are met and personal property and the
premises the person occupies are secure.
(f) Duration of emergency examination and treatment.--A
person who is in treatment under this section shall be
discharged whenever it is determined that the person no longer
is in need of treatment and in any event within 120 hours,
unless within such period:
(1) the person is admitted to voluntary treatment in
accordance with section 202; or
(2) a certification for extended involuntary emergency
treatment is filed in accordance with section 306-A.
Section 306-A . Extended involuntary emergency treatment
certified by judge or medical review officer.
(a) Persons subject to extended involuntary emergency
treatment.--Application for extended involuntary emergency
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treatment may be made for any person who is being treated in
accordance with section 305-A whenever the facility determines
that the need for emergency treatment is likely to extend beyond
120 hours. The application shall be filed immediately in the
court of common pleas and shall state the grounds on which
extended emergency treatment is believed to be necessary. The
application shall state the name of any examining physician or
substance use disorder treatment provider and an opinion
regarding the condition of the person.
(b) Appointment of counsel and scheduling of informal
hearing.--Upon receiving the application, the court of common
pleas shall appoint an attorney who shall represent the person
unless it appears that the person can afford, and desires to
have, private representation. Within 24 hours after the
application is filed, an informal hearing shall be conducted by
a judge or by a medical review officer and, if practicable,
shall be held at the facility.
(c) Informal conference on extended emergency treatment
application.--
(1) At the commencement of the informal conference, the
judge or the medical review officer shall inform the person
of the nature of the proceedings. Information relevant to
whether the person has a substance use disorder and is in
need of treatment shall be reviewed, including the reasons
that continued involuntary treatment is considered necessary.
The explanation shall be made by a physician or substance use
disorder treatment provider who examined the person and shall
be in terms understandable to a layman. The judge or medical
review officer may review any relevant information even if
the information would be normally excluded under rules of
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evidence if the judge or medical review officer believes that
the information is reliable. The person or the person's
representative shall have the right to ask questions of the
physician or substance use disorder treatment provider and of
any other witnesses and to present any relevant information.
At the conclusion of the review, if the judge or medical
review officer finds that the person has a substance use
disorder and is in need of continued involuntary treatment,
either as an inpatient or through less restrictive assisted
outpatient treatment, the judge or medical review officer
shall so certify. Otherwise, the judge or medical review
officer shall direct that the facility director or the
director's designee discharge the person.
(2) A record of the proceedings which need not be a
stenographic record shall be made. The record shall be kept
by the court or medical review officer for at least one year.
(d) Contents of certification.--A certification for extended
involuntary treatment shall be made in writing upon a form
adopted by the department and shall include all of the
following:
(1) Findings by the judge or medical review officer as
to the reasons that extended involuntary emergency treatment
is necessary.
(2) A description of the treatment to be provided
together with an explanation of the adequacy and
appropriateness of the treatment, based upon the information
received at the hearing.
(3) Any documents required by the provisions of section
305-A.
(4) The application as filed under subsection (a).
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(5) A statement that the person is represented by
counsel.
(6) An explanation of the effect of the certification,
the person's right to petition the court for release under
subsection (g) and the continuing right to be represented by
counsel.
(e) Filing and service.--The certification shall be filed
with the director of the facility and a copy served on the
person and other parties as the person requested to be notified
in accordance with section 305-A(e) and on counsel.
(f) Effect of certification.--Upon the filing and service of
a certification for extended involuntary emergency treatment,
the person may be given treatment in an approved facility for a
period not to exceed 20 days.
(g) Petition to court of common pleas.--In each case in
which the hearing was conducted by a substance use disorder
treatment provider, a person made subject to treatment under
this section shall have the right to petition the court of
common pleas for review of the certification. A hearing shall be
held within 72 hours after the petition is filed unless a
continuance is requested by the person's counsel. The hearing
shall include a review of the certification and evidence as the
court may receive or require. If the court determines that
further involuntary treatment is necessary and that the
procedures prescribed by this act have been followed, it shall
deny the petition. Otherwise, the person shall be discharged.
(h) Duration of extended involuntary emergency treatment.--
(1) Whenever a person no longer has a substance use
disorder
or is in need of immediate treatment and, in any
event, within
20 days after the filing of the certification,
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the person shall
be discharged, unless within the period:
(i) the person is admitted to voluntary treatment in
accordance with section 202; or
(ii) the court orders involuntary treatment in
accordance section 307-A.
(2) In addition to the treatment provided by a substance
use
disorder treatment provider at the facility, the director
of the facility shall provide education programs to assist
the
individual in finding housing, employment or other
opportunities
as the director deems appropriate. During the
treatment period,
a substance use disorder treatment provider
shall continue
to evaluate the person with a substance use
disorder and
determine if additional treatment is needed.
Section 307-A . Court-ordered involuntary treatment not to
exceed 90 days.
(a) Persons for whom application may be made.--
(1) A person who has been diagnosed with a substance use
disorder and is in need of treatment as specified under
section 304-A may be made subject to court-ordered
involuntary treatment.
(2) If a petition is filed for a person already subject
to involuntary treatment, it shall be sufficient to
represent, and upon hearing to reestablish, that the conduct
originally required by section 304-A in fact occurred.
(b) Procedures for initiating court-ordered involuntary
treatment for persons already subject to involuntary
treatment.--
(1) Petition for court-ordered involuntary treatment for
persons already subject to treatment under this section and
sections 306-A and 308-A may be made by the county
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administrator or the director of the facility to the court of
common pleas.
(2) The petition shall be in writing upon a form adopted
by the department and shall include a statement of the facts
constituting reasonable grounds to believe that the person
has a substance use disorder and is in need of treatment. The
petition shall state the name of any examining physician or
substance use disorder treatment provider and the opinion
regarding the condition of the person. It shall also state
that the person has been given the information required by
paragraph (3).
(3) Upon the filing of the petition, the county
administrator shall serve a copy on the person, the person's
attorney and those designated to be kept informed as
specified under section 305-A(e), including an explanation of
the nature of the proceedings, the person's right to an
attorney and the services of an expert in the field as
specified under subsection (f).
(4) A hearing on the petition shall be held in each
case not more than five days after the filing of the
petition.
(5) Treatment shall be permitted to be maintained
pending the determination of the petition.
(c) Procedures for initiating court-ordered involuntary
treatment for persons not in involuntary treatment.--
(1) A responsible party may file a petition in the court
of common pleas requesting court-ordered involuntary
treatment for a person not already in involuntary treatment
for whom application could be made under subsection (a).
(2) The petition shall be in writing upon a form adopted
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by the department and shall state facts constituting
reasonable grounds to believe that the person is within the
criteria for court-ordered treatment as specified under
subsection (a). The petition shall state the name of any
examining physician or substance use disorder treatment
provider and the opinion regarding the condition of the
person.
(3) Upon a determination that the petition provides
reasonable cause, the court shall appoint an attorney to
represent the person and set a date for the hearing as soon
as practicable. The attorney shall represent the person
unless it appears that the person can afford, and desires to
have, private representation.
(4) The court, by summons, shall direct the person to
appear for a hearing. The court may issue a warrant directing
a person authorized by the county administrator or a peace
officer to bring the person before the court at the time of
the hearing if there are reasonable grounds to believe that
the person will not appear voluntarily. A copy of the
petition shall be served on the person at least three days
before the hearing together with a notice advising the person
that an attorney has been appointed who shall represent the
person unless the person obtains an attorney, that the person
has a right to be assisted in the proceedings by an expert in
the field of substance use disorder and that the person may
request or be made subject to examination under paragraph
(5).
(5) Upon motion of either the petitioner or the person
or upon the court's own motion, the court may order the
person to be examined by a physician or substance use
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disorder treatment provider appointed by the court. The
examination shall be conducted on an outpatient basis and the
person shall have the right to have counsel present. A report
of the examination shall be given to the court and counsel at
least 48 hours prior to the hearing.
(6) Involuntary treatment shall not be authorized during
the pendency of a petition except in accordance with section
305-A or 306-A.
(d) Procedures for initiating assisted outpatient treatment
for persons already subject to involuntary treatment.--
(1) Petition for assisted outpatient treatment for
persons already subject to involuntary treatment under
section 304-A may be made by the county administrator or the
director of the facility to the court of common pleas.
(2) The petition shall be in writing upon a form adopted
by the department and shall include a statement of the facts
constituting reasonable grounds to believe that the person
is no longer determined to be in need of involuntary
inpatient treatment under section 304-A.
(3) The petition shall state the name of any examining
physician or substance use disorder treatment provider and
opinion regarding the condition of the person. It shall also
state that the person has been given the information required
by subsection (b)(3).
(4) Upon the filing of the petition, the county
administrator shall serve a copy on the person, the person's
attorney and those designated to be kept informed as
specified under section 305-A(e) , including an explanation of
the nature of the proceedings, the person's right to an
attorney and the services of an expert in the field of
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substance use disorder as specified under subsection (f).
(5) A hearing on the petition shall be held in each case
not more than five days after the filing of the petition.
(6) Treatment shall be permitted to be maintained
pending the determination of the petition.
(e) Procedures for initiating assisted outpatient treatment
for persons not in involuntary treatment.--
(1) A responsible party may file a petition in the court
of common pleas requesting assisted outpatient treatment for
a person determined under section 304-A to be in need of
assisted outpatient treatment, who is not already in
involuntary treatment and who is not already in assisted
outpatient treatment for whom application could be made under
subsection (a).
(2) The petition shall be in writing upon a form adopted
by the department and shall state the facts constituting
reasonable grounds to believe that the person is within the
criteria specified under section 304-A for a person in need
of assisted outpatient treatment. The petition shall be
accompanied by a statement of a physician or substance use
disorder treatment provider that has examined the person and
is of the opinion that the person is in need of assisted
outpatient treatment or by a written statement by the
applicant, under oath, that the person has refused to submit
to an examination by a physician or substance use disorder
treatment provider.
(3) Upon a determination that the petition provides
reasonable cause, the court shall appoint an attorney to
represent the person and set a date for the hearing as soon
as practicable. The attorney shall represent the person
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unless it appears that the person can afford, and desires to
have, private representation.
(4) The court, by summons, shall direct the person to
appear for a hearing. The court may issue a warrant directing
an individual authorized by the county administrator or a
peace officer to bring the person before the court at the
time of the hearing if there are reasonable grounds to
believe that the person will not appear voluntarily. A copy
of the petition shall be served on the person at least three
days before the hearing together with a notice advising the
person that an attorney has been appointed who shall
represent the person unless the person obtains an attorney,
that the person has a right to be assisted in the proceedings
by an expert in the field of substance use disorder and that
the person may request or be made subject to examination
under paragraph (5).
(5) Upon motion of either the petitioner or the person
or upon the court's own motion, the court may order the
person to be examined by a physician, substance use disorder
treatment provider or other qualified professional appointed
by the court in accordance with the following:
(i) The physician, substance use disorder treatment
provider or qualified professional appointed by the court
shall be selected from a panel specifically designated by
the county administrator for the demonstrated expertise
and ability to conduct court-ordered examinations for
assisted outpatient treatment consistent with the scope
of practice.
(ii) The examination shall be conducted on an
outpatient basis and the person shall have the right to
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have counsel present.
(iii) The written report prepared by the physician,
substance use disorder treatment provider or qualified
professional under subparagraph (i) shall be reviewed and
approved prior to submission to the court.
(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.
(6) Involuntary treatment shall not be authorized during
the pendency of a petition except in accordance with sections
305-A and 306-A.
(f) Professional assistance.--A person with respect to whom
a hearing has been ordered under this section shall have and be
informed of a right to employ a physician or substance use
disorder treatment provider of choice to assist the person in
connection with the hearing and to testify on the person's
behalf. If the person cannot afford to engage a professional,
the court shall, on application, allow a reasonable fee to
engage a professional. The fee shall be a charge against the
mental health and intellectual disability or substance use
disorder program of the locality.
(g) Hearings on petition for court-ordered involuntary
treatment.--A hearing on a petition for court-ordered
involuntary treatment shall be conducted according to the
following:
(1) The person shall have the right to counsel and to
the assistance of an expert in substance use disorder.
(2) The person shall not be called as a witness without
the person's consent.
(3) The person shall have the right to confront and
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cross-examine all witnesses and to present evidence on their
own behalf.
(4) The hearing shall be public unless it is requested
to be private by the person or counsel.
(5) A stenographic or other sufficient record shall be
made, which shall be impounded by the court and may be
obtained or examined only upon the request of the person or
counsel or by order of the court on good cause shown.
(6) The hearing shall be conducted by a judge or by a
medical health review officer and may be held at a location
other than a courthouse when doing so appears to be in the
best interest of the person.
(7) A decision shall be rendered within 48 hours after
the close of evidence.
(8) If the person is believed to be in need of assisted
outpatient treatment in accordance with section 304-A, a
hearing on the petition shall be conducted in accordance with
the following additional requirements:
(i) No later than the date of the hearing, a
treatment team shall provide a written proposed assisted
outpatient treatment plan to the court. The plan shall
state all treatment services recommended for the person
and, for each service, shall specify a provider that has
agreed to provide the service.
(ii) In developing a written proposed assisted
outpatient treatment plan, the treatment team shall take
into account, if existing, an advance directive for
substance use disorder treatment and provide all of the
following persons with an opportunity to participate:
(A) The person believed to be in need of court-
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ordered assistant outpatient treatment.
(B) All current treating providers.
(C) Upon the request of the person believed to
be in need of court-ordered assistant outpatient
treatment, an individual significant to the person,
including any relative, close friend or individual
otherwise concerned with the welfare of the person.
(D) An authorized guardian or other surrogate
decision maker.
(iii) The written proposed assisted outpatient
treatment plan shall include case management services or
an assertive community treatment team to provide care
coordination and assisted outpatient treatment services
recommended by the treatment team. If the plan includes
medication, the prescribing physician's order shall state
whether the medication should be self-administered or
administered by a specified provider. The plan may not
recommend the use of physical force or restraints to
administer medication to the person.
(iv) A physician or substance use disorder treatment
provider, who has personally examined the person within
10 days of the filing of the petition, shall provide
testimony in support of the finding that the person meets
all of the criteria for assisted outpatient treatment and
in support of a written proposed treatment plan developed
in accordance with this section, including all of the
following:
(A) The recommended assisted outpatient
treatment, the rationale for the recommended assisted
outpatient treatment and the facts that establish
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that the treatment is the least restrictive
appropriate alternative.
(B) Information regarding the person's access
to, and the availability of, recommended assisted
outpatient treatment in the community or elsewhere.
(C) If the recommended assisted outpatient
treatment includes medication, the types or classes
of medication that should be authorized, the
beneficial and detrimental physical and mental
effects of the medication and whether the medication
should be self-administered or administered by a
specified provider and the ongoing process for
management of the medications in response to changes
in the person's medical condition.
(9) A decision shall be rendered within 48 hours after
the close of evidence.
(h) Determination and order.--
(1) Upon a finding by clear and convincing evidence that
the person has a substance use disorder and is in need of
treatment and subject to subsection (a), an order shall be
entered directing treatment of the person in an approved
facility as an inpatient or an outpatient, or a combination
of the treatment as the director of the facility shall from
time to time determine. Inpatient treatment shall be deemed
appropriate only after full consideration has been given to
less restrictive alternatives, including assisted outpatient
treatment. Investigation of treatment alternatives shall
include consideration of the person's relationship to the
person's community and family, the person's employment
possibilities, all available community resources and
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guardianship services. An order for inpatient treatment shall
include findings on less restrictive alternatives.
(2) If the person is found to be in need of assisted
outpatient treatment in accordance with section 304-A or as a
result of consideration of less restrictive settings under
paragraph (1), the court shall order the person to receive
assisted outpatient treatment for a period not to exceed 90
days from any provider or facility approved by the department
or the county administrator for purposes of providing
assisted outpatient treatment. A State or county correctional
institution may not be an authorized facility.
(3) The facility or provider shall examine and treat the
person in accordance with the assisted outpatient treatment
plan. If the person is receiving assisted outpatient
treatment or receives treatment in an outpatient setting
during a subsequent period of continued commitment under
section 308-A, the facility or provider to whom the person is
ordered shall determine the appropriate assisted outpatient
treatment plan for the person.
(4) If the approved court-ordered assisted outpatient
treatment plan includes medications, the court order shall
authorize the treatment team, in accordance with the team's
professional judgment and under supervision of the
prescribing physician, to perform routine medication
management, including adjustment of specific medications and
doses, in consultation with the person and as warranted by
changes in the person's medical condition.
(5) The provider or facility responsible for the
assisted outpatient treatment plan shall inform the court if
the person fails materially to adhere to the treatment plan
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and comply with the court order. If the court receives
information that a patient is not complying with the court's
order, the court may take any of the following actions:
(i) Set a modification hearing to assess the
person's failure to adhere to the assisted outpatient
treatment plan.
(ii) Amend the assisted outpatient treatment plan to
foster adherence to necessary treatment by the person.
(iii) Issue an order for the person to be examined
in accordance with section 308-A for purposes of
evaluation. A State or county correctional institution
may not be considered an authorized treatment facility.
(6) If the court determines under paragraph (5) that the
person has failed to adhere to the assisted outpatient
treatment plan, the court may not hold that person in
contempt or otherwise sanction the person solely based on the
failure to comply with the assisted outpatient treatment
plan.
(7) The person subject to assisted outpatient treatment
may petition the court for enforcement of a service
specifically contained in that person's individualized
treatment plan. The petition shall include clear and
convincing evidence demonstrating that the service is not
being provided in accordance with the individualized
treatment plan.
(8) A copy of the person's individualized treatment plan
and related documents shall be made available to the court
for purposes of proceedings under paragraph (5) or (7).
(i) Duration of court-ordered involuntary treatment.--
(1) A person may be made subject to court-ordered
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involuntary treatment under this section for a period not to
exceed 90 days, except that a person may be made subject to
court-ordered involuntary treatment under this section for a
period not to exceed one year if all of the following apply:
(i) The person meets the criteria established under
paragraph (2).
(ii) The person may be subject to assisted
outpatient treatment for a period not to exceed 180 days
if the person meets the criteria established under
paragraph (5).
(2) A person may be subject to court-ordered involuntary
treatment for a period not to exceed one year if the person
is diagnosed with a severe substance use disorder and is in
need of extensive treatment.
(3) If at any time the director of a facility concludes
that the person does not have a substance use disorder or is
not in need of treatment in accordance with subsection (a),
the director shall discharge the person. A person subjected
to involuntary treatment under paragraph (2) may not be
discharged without a hearing conducted in accordance with
paragraph (4).
(4) In a case involving involuntary treatment under
paragraph (2), whenever the period of court-ordered
involuntary treatment is about to expire and the director or
the county administrator does not intend to apply for an
additional period of court-ordered involuntary treatment in
accordance with section 308-A or at any time the director
concludes that the person does not have substance use
disorder or is not in need of treatment, the director shall
petition the court which ordered the involuntary treatment
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for the unconditional or conditional release of the person.
Notice of the petition shall be given to the person, the
county administrator and the district attorney. Within 15
days after the petition has been filed, the court shall hold
a hearing to determine if the person has a substance use
disorder and is in need of treatment. Petitions which must be
filed simply because the period of involuntary treatment will
expire shall be filed at least 10 days prior to the
expiration of the court-ordered period of involuntary
treatment. If the court determines after the hearing that the
person has a substance use disorder and is in need of
treatment, the court may order additional involuntary
treatment not to exceed one year. If the court does not
determine after the hearing that the person has a substance
use disorder and is in need of treatment, the court shall
order the discharge of the person.
(5) A person may be subject to assisted outpatient
treatment for a period of up to 180 days if the person is
being discharged from involuntary inpatient treatment under
this article.
Section 308-A . Additional periods of court-ordered involuntary
treatment.
(a) Authorization.--At the expiration of a period of court-
ordered involuntary treatment under section 307-A (i) o r this
section, the court may order treatment for an additional period
upon the application of the county administrator or the director
of the facility in which the person is receiving treatment. The
order shall be entered upon hearing on findings as required by
section 307-A(a) and (b) and the further finding of a need for
continuing involuntary treatment as shown by conduct during the
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person's most recent period of court-ordered treatment. The
additional period of involuntary treatment shall not exceed 180
days. A person meeting the criteria of section 307-A(i)(2) may
be subject to an additional period of up to one year of
involuntary treatment.
(b) Notice.--The director of the facility in which the
person is receiving treatment shall notify the county
administrator at least 10 days prior to the expiration of a
period of involuntary commitment ordered under section 307-A or
this section.
(c) Additional periods.--At the expiration of a period of
assisted outpatient treatment under section 307-A(i) or this
section, the court may order treatment for an additional period
upon the application of the county administrator or the
treatment team. The order shall be entered upon hearing on
findings as required by sections 307-A(a) and (b) and the
further finding of a need for continuing assisted outpatient
treatment. The additional period of involuntary treatment shall
not exceed 180 days.
Section 309-A. Transfer of persons in involuntary treatment.
(a) Transfers.--Subject to the provisions of subsections (b)
and (c), a person in involuntary treatment in accordance with
this article may be transferred to any approved facility.
(b) Notice.--In the absence of an emergency, a person
committed under section 307-A(i)(2) may not be transferred
unless written notice is given to the committing judge and the
district attorney in the committing county and no objection is
noted from either within 20 days of receipt of the notice. If
the court or the district attorney objects to the transfer, a
hearing shall be held by the court within 20 days to review the
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commitment order. A decision shall be rendered within 48 hours
after the close of evidence.
(c) Necessary and appropriate.--Whenever a transfer under
this section will constitute a greater restraint, the transfer
shall not take place unless, upon a hearing, a judge or medical
review officer finds the transfer to be necessary and
appropriate.
Section 2. This act shall take effect in 60 days.
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