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Last updated November 2003
CHAPTER 10
HOSPITALIZATION OF MENTALLY ILL
PERSONS
ARTICLE 1
GENERAL PROVISIONS
25‑10‑101. Definitions.
(a) As used in this
act:
(i) "Court"
means the district court which ordered detention or hospitalization of the
person pursuant to this act, or the district court in the county where the
person resides, is found or is hospitalized;
(ii) "Dangerous to
himself or others" means that, as a result of mental illness, a person:
(A) Evidences a
substantial probability of physical harm to himself as manifested by evidence
of recent threats of or attempts at suicide or serious bodily harm; or
(B) Evidences a
substantial probability of physical harm to other individuals as manifested by
a recent overt homicidal act, attempt or threat or other violent act, attempt
or threat which places others in reasonable fear of serious physical harm to
them; or
(C) Evidences behavior
manifested by recent acts or omissions that, due to mental illness, he is
unable to satisfy basic needs for nourishment, essential medical care, shelter
or safety so that a substantial probability exists that death, serious physical
injury, serious physical debilitation, serious mental debilitation,
destabilization from lack of or refusal to take prescribed psychotropic
medications for a diagnosed condition or serious physical disease will
imminently ensue, unless the individual receives prompt and adequate treatment
for this mental illness. No person,
however, shall be deemed to be unable to satisfy his need for nourishment,
essential medical care, shelter or safety if he is able to satisfy those needs
with the supervision and assistance of others who are willing and available.
(iii) "Department"
means the state department of health;
(iv) "Examiner"
means a licensed psychiatrist, a licensed physician, a licensed advanced
practitioner of nursing with a clinical specialty in psychiatric and mental
health nursing working in collaboration with a licensed physician, a licensed
psychologist, a licensed professional counselor, a licensed addictions therapist,
a licensed clinical social worker or a licensed marriage and family therapist;
(v) "Head of
hospital" means the individual in charge of a hospital or his designee.
When this act requires or authorizes the head of a hospital to perform an act
which involves the practice of medicine, the act shall be performed by a
physician;
(vi) "Hospital"
means a facility designated pursuant to W.S. 25‑10‑104 or the state
hospital;
(vii) "Mental health
center" means a community human services program for the prevention,
treatment and amelioration of mental illness under W.S. 35‑1‑611
through 35‑1‑627 or an equivalently staffed and equipped student
health service;
(viii) Repealed By Laws
1999, ch. 172, § 3.
(ix) "Mental
illness" and "mentally ill" mean a physical, emotional, mental or
behavioral disorder which causes a person to be dangerous to himself or others
and which requires treatment;
(x) "Patient"
means an individual receiving treatment pursuant to this act;
(xi) "Physician"
means an individual licensed under the laws of this state to practice medicine,
or a physician in the service of the
(xii) "State hospital"
means the
(xiii) "Treatment"
means diagnosis, evaluation, medication, therapy or prescribed care other than
observation, supervision or discharge planning;
(xiv) "This
act" means W.S. 25‑10‑101 through 25‑10‑404 [§§ 25‑10‑101
through 25‑10‑305];
(xv) "Resident"
means a United States citizen who has been a resident of and domiciled in
Wyoming for not less than ninety (90) days and who has not claimed residency
elsewhere for the purpose of obtaining medical or psychiatric services during
that ninety (90) day period immediately preceding the date when services under
this act were sought or imposed.
"Resident" also includes any alien who has resided continuously
in
25‑10‑102. Admittees subject to rules and regulations of
state hospital.
All persons admitted to the state hospital shall be subject to the rules
and regulations of the state hospital.
25‑10‑103. Admission of persons with mental
illness to hospital.
Subject to the rules and regulations of the hospital,
the head of a hospital may admit persons who have symptoms of mental illness
pursuant to W.S. 25‑10‑106, 25‑10‑109 or 25‑10‑110.
25‑10‑104. Duties of department of health and
social services as to hospitals other than state hospital.
(a) The department,
with respect to hospitals other than the state hospital, shall:
(i) Adopt standards for
the designation of hospitals as qualified to provide treatment under this act;
(ii) Designate hospitals
which qualify under the standards adopted pursuant to paragraph (i) of this subsection;
(iii) Enter into
contracts with designated hospitals for the treatment of persons with mental
illness, and other services incident to the hospitalization of patients;
(iv) Require reports
from designated hospitals concerning the services rendered to patients under
the provisions of this act;
(v) Visit each
designated hospital at least once a year to review methods of treatment for all
patients with mental illness;
(vi) Investigate
complaints made by or on behalf of patients with mental illness; and
(vii) Promulgate rules
and regulations, including rules regarding reimbursement under W.S. 25‑10‑112.
25‑10‑105. Duties of department of health as to
state hospital.
(a) The department
shall:
(i) Adopt standards
governing the state hospital;
(ii) Visit the state
hospital to review methods of treatment of patients; and
(iii) Investigate
complaints made by or on behalf of state hospital patients.
25‑10‑106. Voluntary applications for
admission.
(a) The head of a
hospital may admit for treatment any adult who has symptoms of mental illness
but who has sufficient insight or capacity to make responsible, voluntary
application for admission and who applies for admission.
(b) A person who has
symptoms of mental illness but because of minority or incompetency is not
capable of making a responsible, voluntary application for admission may be
admitted for treatment upon application by a parent or guardian if the application:
(i) Is accompanied by a
statement of an examiner that the person is mentally ill; and
(ii) An examiner at the
hospital, based on a personal interview, determines that the person is mentally
ill.
25‑10‑107. When voluntary patients shall be
discharged.
The head of a hospital shall discharge any patient
admitted pursuant to W.S. 25‑10‑106(a) or
(b) who no longer needs hospital treatment.
25‑10‑108. Release upon request; exceptions;
discharge plan.
(a) A patient admitted
pursuant to W.S. 25‑10‑106 who requests his release in writing or
whose release is requested in writing by the person responsible for his care or
custody, shall be released within twenty‑four (24) hours after receipt of
the request except:
(i) If the patient was
admitted on his own application and the request for release is made by a person
other than the patient, release may be conditioned upon the consent of the
patient; or
(ii) If the patient is a
minor or incompetent, his release may be conditioned upon the consent of his
parent or guardian.
(b) The hospital shall
prepare a discharge plan in accordance with policies, rules and regulations of
the department.
25‑10‑109. Emergency detention.
(a) When a law enforcement
officer or examiner has reasonable cause to believe a person is mentally ill
pursuant to W.S. 25‑10‑101, the person may be detained.
(b) Immediately after
detaining the person, the officer shall contact an examiner. A preliminary
examination of the person shall be conducted by an examiner within twenty‑four
(24) hours after the detention. If a preliminary examination is not conducted
within twenty‑four (24) hours the detained person shall be released. If
the examiner giving the preliminary examination finds that the person:
(i) Is not mentally
ill, the person shall be released immediately;
(ii) Was mentally ill,
but is no longer
dangerous to himself or others, the person shall be released
immediately; or
(iii) Is mentally ill, the person may be
detained for seventy‑two (72)
hours excluding Saturdays, Sundays and legal holidays.
(c) No person shall be
detained for more than seventy‑two (72) hours, excluding Saturdays,
Sundays and legal holidays, without a hearing under subsections (h) through (k)
of this section.
(d) A person taken into
custody under this section may be detained in a hospital or other suitable
facility which is appropriate under the circumstances. The person shall not be
detained in a nonmedical facility used for detention
of persons charged with or convicted of penal offenses except in extreme
emergency or if there are no other reasonable alternatives. The law enforcement officer who detained the
person shall immediately notify the person responsible for the care and custody
of the detained person, if known, of the time and place of detention.
(e) The law enforcement
officer or examiner who initially detained the person shall make a written
statement of the facts of the emergency detention. A copy of the statement shall
be given to the detained person and to any subsequent examiner.
(f) When a person is
detained under emergency circumstances, treatment may be given during the
emergency detention period if the person voluntarily and knowingly consents.
The parent or guardian of a minor or incompetent person may consent to
treatment. Treatment may be given without the consent of the detained person or
his parent or guardian when treatment is limited to diagnosis or evaluation or
when treatment is necessary to prevent immediate and serious physical harm to
the person or others. Prior to treatment, the person shall be fully advised of
the scope of treatment, and a report of the treatment shall be filed with the
court if involuntary hospitalization proceedings are commenced. An examiner or
a physician who provides treatment in good faith pursuant to this subsection
shall be immune from civil liability for the treatment except there shall be no
immunity from liability for negligent acts or deliberate misconduct.
(g) At the time of
emergency detention the person shall be informed orally and in writing of his
right to contact his family and an attorney, of his right to appointed counsel
if he is indigent, of his right to remain silent and that his statements may be
used as a basis for involuntary hospitalization.
(h) When a person is
detained in emergency detention and an application for involuntary
hospitalization is filed, the court shall appoint an attorney to represent the
detained person unless he has his own attorney, and the court shall conduct a
hearing within seventy‑two (72) hours, excluding Saturdays, Sundays and
legal holidays, of the initial detention to determine whether continued
detention is required pending involuntary hospitalization proceedings. Notice
of the preliminary hearing shall be given to the detained person and his
attorney. The court may delay the hearing only at the request of the detained
person or his parent, guardian or his attorney.
(j) At the hearing the
court shall advise the detained person and his parent, guardian or attorney of
the contents of the written statement of emergency detention required in
subsection (e) of this section and the application for involuntary
hospitalization.
(k) The standard of
proof in an emergency detention hearing shall be by a preponderance of the
evidence. If the court finds at an
emergency detention hearing that:
(i) The person is not
mentally ill, the court shall order the person released;
(ii) The person is
mentally ill and has applied for voluntary admission, the court may dismiss the
proceedings; or
(iii) The person is
mentally ill, it shall order continued detention of the person for not more
than ten (10) days. The court may extend the detention period at the request of
the proposed patient or his attorney.
(m) If the court finds
the person is mentally ill pursuant to paragraph (k)(iii)
of this section, the court shall make findings as to the person's competence to
make informed choices regarding treatment and the person's need for prescribed
psychotropic medication. If the court
finds the person incompetent to make an informed decision, the court may order
the administration of prescribed psychotropic medication for the period of the
emergency detention for restabilization of the
person's mental health.
25‑10‑110. Involuntary hospitalization
proceedings.
(a) Proceedings for the
involuntary hospitalization of a person may be commenced by the filing of a
written application with the court. The application shall be accompanied by
either:
(i) A certificate of an
examiner stating:
(A) That he has
examined the proposed patient not more than fifteen (15) days prior to the date
[that] the application is [was] filed under this subsection;
(B) His findings and the
proposed patient's history; and
(C) His opinion that
the proposed patient is mentally ill; or
(ii) A written statement
by the applicant and by an examiner that
the proposed patient has refused to submit to examination by an examiner,
together with a statement of the facts and circumstances supporting the
application.
(b) Unless the proposed
patient is represented by counsel, the court shall appoint an attorney to
represent him.
(c) Proceedings under
this section shall be entitled "In the Interest of ....".
The county attorney of the county where the application is filed shall appear
in the public interest. The court shall expedite the proceedings.
(d) Upon receipt of an
application, the court shall issue notice thereof to the proposed patient, the
person responsible for the care or custody of the proposed patient and other
persons designated by the court. The notice shall be served as provided by the
Wyoming Rules of Civil Procedure. The notice shall apprise the proposed
patient:
(i) Of the purpose of
the proceeding;
(ii) Of the identity of
the appointed examiner, and his authority to conduct an examination;
(iii) Of his right to
counsel, the identity of counsel appointed by the court to represent him and
his right to counsel of his own selection;
(iv) Of the requirements
for an involuntary hospitalization order under subsection (j) of this section;
(v) Of the basis for
the proposed hospitalization, including a detailed statement of the facts and
supporting testimony; and
(vi) That a hearing will
be held if warranted by the report of the examination of the proposed patient.
(e) The court shall
appoint one (1) or more examiners to examine the proposed patient and to make a
written report to the court of the findings as to the history and mental
illness of the proposed patient. The court may order the proposed patient to
appear for examination and if the proposed patient does not appear the court
may compel his appearance. The examination shall be held at a hospital, a
medical facility, the home of the proposed patient or any other suitable place
which will not have a harmful effect on his health. The examination shall be
conducted no later than seven (7) days from the date of the notice. If the examination is conducted by an
examiner other than a licensed physician or psychiatrist, the court shall
appoint a licensed physician or psychiatrist to review the findings of the
examiner and conduct a further examination, if indicated, and to report to the
court.
(f) If the examiner
reports the proposed patient is not mentally ill, the court shall
terminate the proceedings. If the examiner reports the proposed patient is
mentally ill, the court shall fix a date for and give notice of a hearing to be
held as soon as possible. The notice shall satisfy the requirements of
paragraphs (d)(i) through
(vi) of this section.
(g) Within five (5)
days of receipt of the notice of hearing, the proposed patient or his counsel
may request a hearing before a jury. If upon the basis of the appointed
examiner's report or from other information available to the court, the court
concludes that the proposed patient does not understand his rights, the court
may call a jury upon its own motion or upon the request of the person
responsible for the care and custody of the proposed patient. A jury shall be
selected pursuant to W.S. 1‑11‑101 through 1‑11‑129,
and the proceedings shall follow the Wyoming Rules of Civil Procedure.
(h) The proposed
patient, the applicant, and all others to whom notice is required may appear at
the hearing to testify and may present witnesses. The court may receive the
testimony of other persons. The proposed patient shall be present at the
hearing unless he waives his right to appear. All persons not necessary to
protect the rights of the parties shall be excluded from the hearing. The
hearing shall be conducted in as informal a manner as is consistent with
orderly procedure and in a physical setting which will not have a harmful
effect on the mental health of the proposed patient. Any hearing conducted
under this subsection shall be recorded by the court reporter or by electronic,
mechanical or other appropriate means.
(j) If, upon completion
of the hearing and consideration of the record, the court or the jury finds by
clear and convincing evidence that the proposed patient is mentally ill the
court shall consider the least restrictive and most therapeutic alternatives,
and shall:
(i) Order his
hospitalization, assign him to a hospital, and:
(A) Send to the hospital,
with the patient a certified copy of the findings of fact and order and a copy
of the examiner's report;
(B) Specify where he
will be detained pending transportation to the hospital. No person shall be
detained in a nonmedical facility used for detention
of persons charged with or convicted of penal offenses except during an extreme
emergency;
(C) Order his
transportation to the hospital with proper clothing and personal effects;
(D) Notify his next of
kin or the person responsible for his care and custody and the proposed
treatment provider or hospital of the court's order;
(E) Make findings as to
his competence to make informed choices regarding treatment and his need for
prescribed psychotropic medication. If
the court finds the person incompetent to make an informed decision, the court
may order the administration of prescribed psychotropic medication. The order for medication shall be reviewed by
a physician upon commitment and by a psychiatrist upon admission to the
hospital. The prescribed medication
shall be continued if found medically appropriate by the investigation review
committee of the hospital or institution, subject to review by the medical
director of the hospital or institution.
Any action by the medical director of the hospital or institution shall
be reviewable pursuant to the Wyoming Administrative
Procedure Act.
(ii) Suspend the
proceedings pending voluntary treatment as approved by the examiner and by the
facility or individual who will provide the treatment. If the court finds that the proposed patient
does not require continuous inpatient hospitalization, would be more
appropriately treated in an outpatient treatment program or a combination of
outpatient and inpatient treatment or will be able to appropriately control his
illness by following a prescribed treatment plan, the court shall consider such
treatment options. If the court finds
that the proposed patient does not require continuous hospitalization and the
funding is available, it shall consider conditional outpatient treatment for a
period of time deemed appropriate and may designate an outpatient care
provider, including mental health centers.
Conditional outpatient treatment may require periodic reporting, continuation
of medication and submission to testing and restriction of travel, consumption
of alcoholic beverages or drugs, associations with other persons or other
reasonable conditions as the court may specify provided the court may suspend
the imposition of the conditional outpatient treatment order for failure to
meet the conditions and order involuntary hospitalization under this section;
or
(iii) Order any
disposition for which private resources are available and which is consistent
with the best interests of the proposed patient and with public safety.
(k) The court is
authorized to appoint a special commissioner to assist in the conduct of
hospitalization proceedings. In proceedings under this act, regularly appointed
court commissioners may exercise the authority granted by W.S. 5‑3‑307.
In any case in which the court refers an application to the commissioner, the
commissioner shall conduct the involuntary hospitalization proceedings under
this section and on the basis thereof shall either recommend dismissal of the
application or hold a hearing as provided in this section and make
recommendations to the court regarding the disposition of the proposed patient
and of the proceedings.
(m) An appointed
examiner shall receive for his services in each court ordered examination a
reasonable fee fixed by the court.
(n) The court shall
inquire into the medical condition of every patient found to be mentally ill.
If the court determines based upon the advice of a physician, that the
patient's present primary need is for medical treatment or care and whose need
for psychiatric care is secondary, the court may delay ordering the commitment
of the patient to the Wyoming state hospital until such time as the patient
receives medical care and the patient's need for psychiatric care is primary.
25‑10‑111. Commitment or transfer to federal
hospital; effect of orders by courts of other jurisdictions; powers of federal
facility.
(a) The court, when
ordering hospitalization pursuant to W.S. 25‑10‑110(j),
may order a person hospitalized in a hospital or facility operated by the
veterans' administration or another federal agency, if the court has received a
certificate from the agency showing that facilities are available and that the
patient is eligible for treatment therein.
(b) An order of a court
of competent jurisdiction of another state or of the
(c) Upon receipt of a
certificate from the veterans' administration or another federal agency that
facilities are available for treatment of a patient hospitalized under W.S. 25‑10‑110
and that the patient is eligible for treatment therein, the head of a hospital
may transfer the patient to the veterans' administration or other federal
agency for treatment. The court which ordered hospitalization shall be notified
of the transfer by the hospital. No person shall be transferred if he is confined
pursuant to a conviction for a crime or if he has been acquitted of a criminal
charge solely on the ground of mental illness or deficiency, unless, prior to
the transfer, the court which committed the person enters an order for the
transfer after appropriate motion and hearing.
(d) Upon admission to a
federal facility pursuant to this section, the patient is subject to the rules
and regulations of the veterans' administration or other federal agency. The
chief officer of the federal facility in which the patient is hospitalized has
the same powers as the head of the state hospital with respect to retention,
transfer, release and discharge of patients.
25‑10‑112. Liability for costs of detention,
involuntary hospitalization and proceedings therefor.
(a) Subject to the
provisions of subsections (d) and (e) of this section, the county in which a
person is detained or in which involuntary hospitalization proceedings are
brought shall pay the costs of:
(i) The first seventy‑two
(72) hours of detention, in addition to any Saturday, Sunday or legal holiday
that falls within the seventy‑two (72) hours, pursuant to W.S. 25‑10‑109,
including costs of medical treatment for those conditions demanding immediate
medical attention;
(ii) Proceedings for
detention or involuntary hospitalization pursuant to W.S. 25‑10‑109
or 25‑10‑110. The costs of
these proceedings include the cost of appointed counsel and examiners; and
(iii) Clothing, if the
person does not have and cannot afford to purchase adequate clothing.
(b) Subject to the
provisions of subsection (d) of this section, when a detained person or
proposed patient is not a resident of Wyoming, the department shall pay the
costs listed in paragraphs (a)(i) through (iii) of
this section.
(c) Subject to the
provisions of subsections (d) and (e) of this section, if involuntary
hospitalization is ordered pursuant to W.S. 25‑10‑110, the county's
liability for costs shall at that time terminate. The department shall not be
responsible for the costs of treatment incurred after the entry of the
involuntary hospitalization order unless the county attorney notifies the
department of that order. Any costs of treatment incurred after the involuntary
hospitalization order, all costs of transportation and all involuntary
hospitalization costs shall be paid by:
(i) The department for
persons hospitalized in the state hospital; and
(ii) The department for
persons hospitalized in other hospitals, consistent with W.S. 25‑10‑110(j) and 25‑10‑104.
(d) The hospital or
other treatment provider shall attempt to recover all costs of treatment from
public and private health insurance, from patients, and from government benefit
programs prior to seeking payment from the county or the department.
(e) When a person is
detained under W.S. 25‑10‑109, the county shall be liable for costs
of treatment for the first seventy‑two (72) hours of detention, in
addition to any Saturday, Sunday or legal holiday that falls within the seventy‑two
(72) hours, or until a hearing required under W.S. 25‑10‑109(h) is
conducted. If the person remains in detention after the hearing pursuant to
W.S. 25‑10‑109(k)(iii), the department
shall directly, or under contract with local providers, provide psychiatric
treatment until the person is released from detention or involuntary commitment
is ordered. When a person is detained under W.S. 25‑10‑110, the
county shall be liable for costs of treatment for the first seventy‑two
(72) hours, in addition to any Saturday, Sunday or legal holiday that falls
within the seventy‑two (72) hours, or until a hearing required under W.S.
25‑10‑110 is conducted, but in no event shall the county be liable
for costs of treatment occurring ten (10) or more days after the date of
application for involuntary hospitalization is filed with the court.
25‑10‑113. Duties of head of hospital upon
admission; treatment of patients primarily needing medical care.
(a) As soon as possible
but not later than seven (7) days after a patient is admitted to a hospital under
this act, the head of the hospital shall:
(i) Review the
patient's record;
(ii) Examine the
patient; and
(iii) Develop an initial
plan of treatment for the patient.
(b) If the medical
staff of the state hospital determines that a patient's primary need for care
is medical as opposed to psychiatric, the head of the state hospital may refuse
to admit the patient if the state hospital has limited medical facilities or
staff to provide for the necessary medical needs of the patient. If admittance is refused, the patient shall
be transported to a medical facility that is qualified to meet the medical
needs of the patient.
25‑10‑114. Transfer of inmates of penal
institutions to state hospital; notice.
(a) The department of
corrections may transfer an inmate of a state penal institution who is mentally ill to the state
hospital, subject to the rules of admission of the state hospital, if adequate
treatment cannot be provided at a state penal institution.
(b) Not less than five
(5) days before an inmate is transferred pursuant to this section, the
department of corrections shall give written notice to the court which ordered
imprisonment, the inmate and the person responsible for his care or custody.
The notice shall include:
(i) The grounds for the
transfer;
(ii) The inmate's right
to contest the transfer;
(iii) The inmate's right
to a hearing before he is transferred; and
(iv) The inmate's right
to counsel.
(c) The transfer of an inmate
of a state penal institution to the state hospital shall not exceed the term of
imprisonment imposed by the sentencing court unless proceedings for involuntary
hospitalization are instituted under W.S. 25‑10‑110.
25‑10‑115. Transfer of patients to another
hospital; notice.
(a) A hospital may
transfer a patient hospitalized under this act to another hospital if the
transfer is in the best interest of the patient. An involuntarily hospitalized patient who is
so transferred retains the status of an involuntarily hospitalized patient
under W.S. 25‑10‑110.
(b) Not less than five
(5) days before a patient is transferred, the head of the hospital shall give
written notice to the court, the patient, and the person responsible for his
care or custody. The notice shall include:
(i) The grounds for the
transfer;
(ii) The patient's right
to contest the transfer;
(iii) The patient's right
to a hearing before he is transferred; and
(iv) The patient's right
to counsel.
25‑10‑116. Periodic examinations of patients;
determination of discharge or continued hospitalization; notice; hearing.
(a) Three (3) months
after each patient's admission to the hospital, the head of the hospital shall
evaluate the progress of each patient and shall reevaluate the treatment and
progress every six (6) months thereafter.
(b) When the head of a
hospital determines after the examination required by subsection (a) of this
section or by W.S. 25‑10‑113 that the conditions justifying
hospitalization of involuntary patients no longer exist, he shall report his
determination to the court, the county attorney, the district attorney, family
members and the mental health center which were involved in the initial
proceedings. Unless, within three (3) days after the notice is sent, the court
upon motion orders a hearing on continuing the patient's hospitalization, the
head of the hospital shall discharge the patient. The hearing shall be held as
soon as practicable and shall follow the procedures in W.S. 25‑10‑117
[25‑10‑118]. Notice of the
hearing shall conform with W.S. 25‑10‑116(c).
(c) When the head of a
hospital determines after an evaluation required by subsection (a) of this
section or by W.S. 25‑10‑113 that the conditions justifying
hospitalization continue to exist, he shall send to the court notice of his
determination and a detailed statement of the factual basis for the
determination. The court may order a hearing to review the determination. The
head of the hospital shall also send notice of his determination to the patient
and the person responsible for his care or custody. The notice shall include:
(i) The patient's right
to contest the determination;
(ii) The patient's right
to a hearing; and
(iii) The patient's right
to counsel.
25‑10‑117. Repealed by Laws 1989, ch. 147, § 2.
25‑10‑118. Objections to proposed transfer or
continued hospitalization; notice; hearing; options of court.
(a) A hearing shall be
conducted in accordance with this section when a patient contests one (1) of the
following actions:
(i) Transfer pursuant
to W.S. 25‑10‑114 or 25‑10‑115;
(ii) Continuing
hospitalization pursuant to W.S. 25‑10‑116; or
(iii) Repealed by Laws
1989, ch. 147, § 2.
(iv) Revocation of
convalescent status release pursuant to W.S. 25‑10‑127.
(b) Unless otherwise
provided, an objection shall be filed with the court within five (5) days of
receipt of notice of the intended action. The court shall set a hearing date which
shall be within fourteen (14) days of receipt of the objection. If an objection
is not filed within five (5) days, or if the patient consents to the action,
the court may enter an ex parte order authorizing the action.
(c) The hearing shall
be before the court, without a jury. If the court finds by clear and convincing evidence
that:
(i) The transfer or
continuing hospitalization is justified, the court shall enter an order
authorizing the transfer or continuing hospitalization; or
(ii) The transfer or
continuing hospitalization is not justified, the court shall enter an order
prohibiting the transfer or continuing hospitalization.
25‑10‑119. Mechanical restraints; uses and
reasons therefor recorded.
Mechanical restraints shall not be applied to any
patient, unless the head of the hospital determines that the medical needs of
the patient require them. The head of the hospital shall record every use of a
mechanical restraint and the reasons for its use in the clinical record of the
patient and sign the record.
25‑10‑120. Rights of patients; commitment and
treatment of persons being treated by prayer.
(a) The department
shall adopt rules and regulations creating a bill of patient rights and
establishing the procedures by which those rights may be enforced, limited or
denied.
(b) Repealed by Laws
1989, ch. 147, § 2.
(c) Repealed by Laws
1989, ch. 147, § 2.
(d) No person who is
being treated in good faith by spiritual means alone, through prayer, by a duly
accredited practitioner in accordance with the tenets and practices of a
recognized church or religious denomination may be detained, hospitalized or
ordered to receive treatment under this act unless:
(i) A court finds by
clear and convincing evidence that he is mentally ill; or
(ii) If the person is a minor or
is incompetent his parent or guardian consents to detention, hospitalization or
treatment.
25‑10‑121. Admission not to create presumption
as to competency nor ground for guardianship.
Admission to a hospital under this act shall not
create any presumption with respect to the patient's mental or legal competency
to exercise civil, contractual or other rights for which a legal standard of
competency exists. Admission to a hospital under this act is not sufficient
cause for guardianship of the person or estate of any patient.
25‑10‑122. Records to be kept confidential;
exceptions.
(a) Records and reports
made under this act which directly or indirectly identify
a patient, a former patient or an individual for whom an application for
hospitalization has been filed, shall be confidential and shall not be
disclosed by any person unless:
(i) The patient or, if
he is a minor or incompetent, his parent or guardian, consents;
(ii) Disclosure is
necessary to carry out this act;
(iii) A court determines
disclosure is necessary for the conduct of proceedings before it and failure to
disclose would be contrary to the public interest; or
(iv) Repealed by Laws
1989, ch. 147, § 2.
(b) Patient records
identified in subsection (a) of this section may be provided without consent of
the patient, parent or guardian by and between a mental health center, the
state hospital and hospitals designated under W.S. 25‑10‑104, only
for the purpose of facilitating referral treatment, admission, readmission or
transfer of the patient under this act.
25‑10‑123. Discharge of patient held on order
in action arising out of criminal offense.
A patient held on order of a court having criminal
jurisdiction in any action or proceeding arising out of a criminal offense
shall not be discharged except upon order of a court of competent jurisdiction.
25‑10‑124. Transfer of patients between states.
(a) Repealed by Laws
1989, ch. 147, § 2.
(b) Repealed by Laws
1989, ch. 147, § 2.
(d) Transfer of
patients between states shall be governed by the Interstate Compact on Mental
Health, W.S. 25‑10‑301.
25‑10‑125. Clothing and transportation upon
discharge.
The department, pursuant to W.S. 25‑10‑112
shall insure that a patient discharged possesses suitable clothing and adequate
means to insure his arrival at the home from which he was admitted or another
place within the state, which is in the best interests of the state and of the
patient.
25‑10‑126. Penalties for unwarranted
hospitalization or denial of rights.
(a) A person who
willfully causes the unwarranted hospitalization of any individual under this
act [§§ 25‑10‑101 through 25‑10‑305]
is guilty of a felony punishable by a fine not exceeding five thousand dollars
($5,000.00) or imprisonment not exceeding five (5) years, or both.
(b) A person who
willfully denies any individual any of the rights accorded to him under this
act is guilty of a misdemeanor punishable by a fine not exceeding seven hundred
fifty dollars ($750.00) or imprisonment not exceeding six (6) months, or both.
25‑10‑127. Convalescent status; discharge; readmittance.
(a) After providing
fourteen (14) days notice to the court and county attorney who initiated
involuntary hospitalization procedures, the hospital may release an improved
patient on convalescent status. Release
on convalescent status shall include a plan of treatment on an outpatient or nonhospital basis and other provisions for continuing
responsibility to and by the hospital.
Prior to the end of one (1) year on convalescent status, and not less
than annually thereafter, the hospital shall reexamine the facts relating to
the hospitalization of the patient on convalescent status and if the hospital
determines hospitalization is no longer anticipated, the hospital shall
discharge the patient and make a report of discharge to the court and county
attorney involved in ordering the hospitalization, if any.
(b) The hospital from
which the patient is given convalescent status may readmit to the hospital an
involuntary hospitalized patient who has been released on convalescent status
if the hospital reasonably believes that it is in the best interests of the patient. The person readmitted shall have all the
rights he had upon admission to the hospital. Upon readmission he shall be
given notice of his rights pursuant to W.S. 25-10-116. It is the responsibility
of the hospital to provide or pay for any transportation or other services in
connection with any revocation of a convalescent status.
(c) The hospital shall
discharge any patient who has remained on convalescent status for a period of
two (2) continuous years.
(d) This section shall
not apply to a person who has been committed to the hospital pursuant to a
criminal proceeding.
ARTICLE 3
INTERSTATE COMPACT ON MENTAL HEALTH
25‑10‑301. Enactment into law; form.
The Interstate Compact on Mental Health is hereby
enacted into law and entered into by this state with all other states legally
joining therein in the form substantially as follows:
Article I
The party states find that the proper and expeditious treatment of the
mentally ill and mentally deficient can be facilitated by cooperative action, to
the benefit of the patients, their families, and society as a whole. Further,
the party states find that the necessity of and desirability for furnishing
such care and treatment bears no primary relation to the residence or
citizenship of the patient but that, on the contrary, the controlling factors
of community safety and humanitarianism require that facilities and services be
made available for all who are in need of them. Consequently, it is the purpose
of this compact and of the party states to provide the necessary legal basis
for the institutionalization or other appropriate care and treatment of the
mentally ill and mentally deficient under a system that recognizes the
paramount importance of patient welfare and to establish the responsibilities of
the party states in terms of such welfare.
Article II
(a) As
used in this compact:
(i) "Sending state" shall mean a party
state from which a patient is transported pursuant to the provisions of the
compact or from which it is contemplated that a patient may be so sent;
(ii) "Receiving
state" shall mean a party state to which a patient is transported pursuant
to the provisions of the compact or to which it is contemplated that a patient
may be so sent;
(iii) "Institution"
shall mean any hospital or other facility maintained by a party state or
political subdivision thereof for the care and treatment of mental illness or
mental deficiency;
(iv) "Patient"
shall mean any person subject to or eligible as determined by the laws of the
sending state, for institutionalization or other care, treatment, or
supervision pursuant to the provisions of this compact;
(v) "Aftercare"
shall mean care, treatment and services provided a
patient, as defined herein, on convalescent status or conditional release;
(vi) "Mental
illness" shall mean mental disease to such extent that a person so
afflicted requires care and treatment for his own welfare, or the welfare of
others, or of the community;
(vii) "Mental
deficiency" shall mean mental deficiency as defined by appropriate
clinical authorities to such extent that a person so afflicted is incapable of
managing himself and his affairs, but shall not include mental illness as
defined herein;
(viii) "State"
shall mean any state, territory or possession of the
Article III
(a) Whenever
a person physically present in any party state shall be in need of
institutionalization by reason of mental illness or mental deficiency, he shall
be eligible for care and treatment in an institution in that state irrespective
of his residence, settlement or citizenship qualifications.
(b) The
provisions of paragraph (a) of this article to the contrary notwithstanding,
any patient may be transferred to an institution in another state whenever
there are factors based upon clinical determinations indicating that the care
and treatment of the patient would be facilitated or improved. Any
institutionalization may be for the entire period of care and treatment or for
any portion or portions thereof. The factors referred to in this paragraph
shall include the patient's full record with due regard for the location of the
patient's family, character of the illness and probable duration and other
factors as shall be considered appropriate.
(c) No
state shall be obliged to receive any patient pursuant to the provisions of
paragraph (b) of this article unless the sending state has given advance notice
of its intention to send the patient; furnished all available medical and other
pertinent records concerning the patient; given the qualified medical or other
appropriate clinical authorities of the receiving state an opportunity to
examine the patient if said authorities so wish; and unless the receiving state
shall agree to accept the patient.
(d) In
the event that the laws of the receiving state establish a system of priorities
for the admission of patients, an interstate patient under this compact shall receive
the same priority as a local patient and shall be taken in the same order and
at the same time that he would be taken if he were a local patient.
(e) Pursuant
to this compact, the determination as to the suitable place of
institutionalization for a patient may be reviewed at any time and further
transfer of the patient may be made as seems likely to be in the best interest
of the patient.
Article IV
(a) Whenever,
pursuant to the laws of the state in which a patient is physically present, it
shall be determined that the patient should receive aftercare or supervision,
such care or supervision may be provided in a receiving state. If the medical
or other appropriate clinical authorities having responsibility for the care
and treatment of the patient in the sending state shall have reason to believe
that aftercare in another state would be in the best interest of the patient
and would not jeopardize the public safety, they shall request the appropriate
authorities in the receiving state to investigate the desirability of affording
the patient aftercare in the receiving state, and an investigation shall be
made with all reasonable speed. The request for investigation shall be
accompanied by complete information concerning the patient's intended place of
residence and the identity of the person in whose charge it is proposed to
place the patient, the complete medical history of the patient,
and any other documents as may be pertinent.
(b) If
the medical or other appropriate clinical authorities having responsibility for
the care and treatment of the patient in the sending state and the appropriate
authorities in the receiving state find that the best interest of the patient
would be served and if the public safety would not be jeopardized the patient
may receive aftercare or supervision in the receiving state.
(c) In
supervising, treating, or caring for a patient on aftercare pursuant to the
terms of this article, a receiving state shall employ the same standards of
visitation, examination, care, and treatment that it employs for similar local
patients.
Article V
Whenever a dangerous or potentially dangerous patient escapes from an
institution in any party state, that state shall promptly notify all
appropriate authorities within and without the jurisdiction of the escape in a
manner reasonably calculated to facilitate the speedy apprehension of the
escapee. Immediately upon the apprehension and identification of any dangerous
or potentially dangerous patient, he shall be detained, in the state where
found pending disposition in accordance with law.
Article VI
The duly accredited officers of any state party to this compact, upon
the establishment of their authority and the identity of the patient, shall be
permitted to transport any patient being moved pursuant to this compact through
any and all states party to this compact, without interference.
Article VII
(a) No
person shall be deemed a patient of more than one (1) institution at any given
time. Completion of transfer of any patient to an institution in a receiving
state shall have the effect of making the person a patient of the institution
in the receiving state.
(b) The
sending state shall pay all costs of and incidental to the transportation of
any patient pursuant to this compact, but any two (2) or more party states may,
by making a specific agreement for that purpose, arrange for a different
allocation of costs as among themselves.
(c) No
provision of this compact shall be construed to alter or affect any internal
relationships among the departments, agencies and officers of and in the
government of a party state, or between a party state and its subdivisions, as
to the payment of costs, or responsibilities.
(d) Nothing
in this compact shall be construed to prevent any party state or subdivision
from asserting any right against any person, agency or other entity in regard
to costs for which the party state or subdivision may be responsible pursuant
to any provision of this compact.
(e) Nothing
in this compact shall be construed to invalidate any reciprocal agreement
between a party state and a nonparty state relating to institutionalization,
care or treatment of the mentally ill or mentally deficient, or any statutory
authority pursuant to which the agreements may be made.
Article VIII
(a) Nothing
in this compact shall be construed to abridge, diminish, or in any way impair the
rights, duties, and responsibilities of any patient's guardian on his own
behalf or in respect of any patient for whom he may serve, except that where
the transfer of any patient to another jurisdiction makes advisable the
appointment of a supplemental or substitute guardian, any court of competent
jurisdiction in the receiving state may make a supplemental or substitute
appointment and the court which appointed the previous guardian shall upon
being duly advised of the new appointment, and upon the satisfactory completion
of the accounting and other acts as the court may by law require, relieve the
previous guardian of power and responsibility to whatever extent shall be
appropriate in the circumstances; provided, however, that in the case of any
patient having settlement in the sending state, the court of competent
jurisdiction in the sending state shall have the sole discretion to relieve a
guardian appointed by it or continue his power and responsibility, whichever it
shall deem advisable. The court in the receiving state may, in its discretion,
confirm or reappoint the person or persons previously serving as guardian in
the sending state in lieu of making a supplemental or substitute appointment.
(b) The
term "guardian" as used in paragraph (a) of this article shall
include any guardian, trustee, legal committee, conservator, or other person or
agency however denominated who is charged by law with power to act for or
responsibility for the person or property of a patient.
Article IX
(a) No
provision of this compact except article V shall apply to any person
institutionalized while under sentence in a penal or correctional institution
or while subject to trial on a criminal charge, or whose institutionalization
is due to the commission of an offense for which, in the absence of mental
illness or mental deficiency, said person would be subject to incarceration in
a penal or correctional institution.
(b) To
every extent possible, it shall be the policy of the states party to this
compact that no patient shall be placed or detained in any prison, jail or
lockup, but the patient shall, with all expedition, be taken to a suitable
institutional facility for mental illness or mental deficiency.
Article X
(a) Each
party state shall appoint a "compact administrator" who, on behalf of
his state, shall act as general coordinator of activities under the compact in
his state and who shall receive copies of all reports, correspondence, and
other documents relating to any patient processed under the compact by his
state either in the capacity of sending or receiving state. The compact
administrator or his duly designated representative shall be the official with
whom other party states shall deal in any matter relating to the compact or any
patient processed.
(b) The
compact administrators of the respective party states shall have power to
promulgate reasonable rules and regulations to carry out more effectively the
terms and provisions of this compact.
Article XI
The duly constituted administrative authorities of any two (2) or more
party states may enter into supplementary agreements for the provision of any
service or facility or for the maintenance of any institution on a joint or
cooperative basis whenever the states concerned shall find that agreements will
improve services, facilities, or institutional care and treatment in the field
of mental illness or mental deficiency. No supplementary agreement shall be
construed so as to relieve any party state of any obligation which it otherwise
would have under other provisions of this compact.
Article XII
This compact shall enter into full force and effect as to any state when
enacted by it into law and the state shall be a party with any and all states
legally joining.
Article XIII
(a) A
state party to this compact may withdraw therefrom by
enacting a statute repealing the same. Such withdrawal shall take effect one
(1) year after notice thereof has been communicated officially and in writing
to the governors and compact administrators of all other party states. However,
the withdrawal of any state shall not change the status of any patient who has
been sent to said state or sent out of said state
pursuant to the provisions of the compact.
(b) Withdrawal
from any agreement permitted by article VII(b) as to
costs or from any supplementary agreement made pursuant to article XI shall be
in accordance with the terms of the agreement.
Article XIV
This compact shall be liberally construed so as to effectuate the
purposes. The provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this compact is declared to
be contrary to the constitution of any party state or of the United States or
the applicability to any government, agency, person or circumstance is held
invalid, the validity of the remainder of this compact and the applicability to
any government, agency, person or circumstance shall not be affected. If this
compact shall be held contrary to the constitution of any state party, the
compact shall remain in full force and effect as to the remaining states and in
full force and effect as to the state affected as to all severable
matters.
25‑10‑302. Designation, powers and duties of
compact administrator.
Pursuant to the compact, the director of the
department of health is authorized and empowered to designate an officer who
shall be the compact administrator and who, acting jointly with like officers
of other party states, shall have power to promulgate rules and regulations to
carry out more effectively the terms of the compact. The compact administrator
is authorized, empowered and directed to cooperate with all departments,
agencies and officers of and in the government of this state and its
subdivisions in facilitating the proper administration of the compact or any
supplementary agreement or agreements entered into by this state.
25‑10‑303. Supplementary agreements; approval
required for full force and effect.
The compact administrator is authorized and empowered
to enter into supplementary agreements with appropriate officials of other
states pursuant to articles VII and XI of the compact. In the event that the
supplementary agreements shall require or contemplate the use of any
institution or facility of this state or require or contemplate the provision
of any service by this state, no agreement shall have force or effect until
approved by the head of the department or agency under whose jurisdiction the
institution or facility is operated or whose department or agency will be charged
with the rendering of the service.
25‑10‑304. Discharge of financial obligations
with director's approval.
The compact administrator, subject to the approval of
the director, may make or arrange for any payments necessary to discharge any
financial obligations imposed upon this state by the compact or by any
supplementary agreement entered into thereunder.
25‑10‑305. Consultation with family of proposed
transferee; court approval of final action.
The compact administrator is directed to consult with
the immediate family of any proposed transferee and, in the case of a proposed
transferee from an institution in this state to an institution in another party
state, to take no final action without approval of an appropriate state
district court.
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