- Evidentiary standard under which eligibility for assisted
treatment is judged (two most common are "beyond a reasonable doubt" and
"clear and convincing evidence").
27A-10-9.1 Clear and convincing evidence
- Is there a least restrictive treatment requirement?
Yes – 27A-10-9.1(3)
27A1-1(11) "Least restrictive
alternative," the treatment and conditions of treatment which, separately and in
combination, are no more intrusive or restrictive of mental, social or physical freedom
than necessary to achieve a reasonably adequate therapeutic benefit. In determining the
least restrictive alternative, considerations shall include the values and preferences of
the patient, the environmental restrictiveness of treatment settings, the duration of
treatment, the physical safety of the patient and others, the psychological and physical
restrictiveness of treatments, the relative risks and benefits of treatments to the
patient, the proximity of the treatment program to the patient’s residence, and the
availability of family and community resources and support.
- Is there a confidentiality exception for family members of
committees and/or individuals undergoing emergency evaluations?
No – see 27A-11A-3; 27A-12-26
- Are advance directives or durable powers of attorney addressed
and, if so, in what way?
Yes – see 27A-16 for 1997 law.
- Is there a separate proceeding necessary to abrogate a
committee’s right to refuse treatment?
Yes – 27A-12-3.13 Petition to Circuit Court
In an emergency – by physician order 27A-12-3.23
- Does the treating hospital and/or physician have discretion to
release individuals before the end of their assisted inpatient treatment periods?
Yes – 27A 14-2
- Individual(s) who may decide to initiate new periods of assisted
treatment.
County Board of Mental Illness
- Type of forum that decides on need for extended assisted
treatment (normally either judicial or administrative).
County Board - Administrative
- Participation of other individuals in the extension hearing (i.e.
notice, a right to be heard and/or right to counsel for family members, legal guardians,
doctors, etc.).
27A-11A-4 Petitioner represented by State’s
Attorney
- Maximum length of subsequent assisted inpatient treatment (and of
any possible subsequent periods).
27A-10-14 Six months; after 2nd six
month commitment - period can be extended to 12 months
- Alternative(s) to inpatient treatment (i.e. conditional release,
trial release, assisted outpatient treatment, etc.)
27A-11A-21 Commitment to least restrictive
alternative
27A-14-4 Provisional discharge
- Conditions necessary for a court to order one of these
alternatives (if more than one form, specify for each).
Same as inpatient (see #12)
- Maximum duration of alternative(s) to assisted inpatient
treatment.
Same as inpatient (see #11 & #22)
- Remedy if patient violates outpatient order.
27A-11A-21 Hearing – evaluate for inpatient
commitment.
- Procedure necessary to transfer patient from inpatient to
outpatient care.
27A-14-4 By administrator with notice to county
board
- Describe any procedures for conservatorship, guardianship, etc.,
which are applicable to the mentally ill.
See 27A-8-19 re: Substituted informed consent for
voluntary admission.
- Other (may include insights into state’s mental health
system, judicial interpretation of mental health code, or known movements for statutory
reform).
