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Original House Bill No. 0035
Engrossed
Enrolled Act No. 109
House of Representatives Fifty-Fifth Legislature of the State of Wyoming

1999 Session

AN ACT relating to hospitalization of the mentally ill; providing for release from involuntary hospitalization on convalescent status; providing procedures for release on convalescent status; amending definitions; creating a definition of "resident"; providing provisions for court-ordered medication for emergency detentions and involuntary hospitalizations; providing notice to proposed treatment providers of involuntary hospitalization proceedings; providing procedures for outpatient treatment and noncontinuous inpatient treatment as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 25-10-127 is created to read:

25-10-127. Convalescent status; discharge; readmittance.

1. 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 tot he 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.
2. 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.
3. The hospital shall discharge any patient who has remained on convalescent status for a period of two (2) continuous years.
4. This section shall not apply to a person who has been committed to the hospital pursuant to a criminal proceeding.

Section 2.

W.S. 25-10-101(a)(ii)(C), (iv) and by creating a new paragraph (xv), 25-10-109 by creating a new subsection (m), 25-10-110(d)(iv), (e), (j)(i)(D) and by creating a new subparagraph (E) and (ii) and 25-10-118(a) by creating a new paragraph (iv) are amended to read:

25-10-101. Definitions.

1. As used in this act:

2. "Dangerous to himself or others" means that, as a result of mental illness, a person:

(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.

4. "Examiner" means a licensed psychiatrist, a licensed physician, a licensed psychologist, a mental health professional or a team consisting of a physician and a mental health counselor with at least a master’s degree received from an accredited institution of higher education, working together a licensed professional counselor, a licensed addictions therapist, a licensed clinical social worker or a licensed marriage and family therapist;

15. "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 Wyoming for at least ninety (90) days immediately prior to the date when services under this act were sought or imposed. "Resident" also includes any active duty member, the spouse or minor child of any active duty member of the armed forces of the United States who is stationed in Wyoming.

25-10-109. Emergency detention.

(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.

4. 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:

4. Of the requirements for an involuntary hospitalization order under subsection (k)(j) of this section;

4. 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.

10. 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:

1. Order his hospitalization, assign him to a hospital, and:

   (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; or

   (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.

2. (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 otherpersons 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

25-10-118. Objections to proposed transfer or continued hospitalization; notice; hearing; options of court.

1. A hearing shall be conducted in accordance with this section when a patient contests one (1) of the following actions:

4. (iv) Revocation of convalescent status release pursuant to W.S. 25-10-127.

Section 3.

W.S. 25-10-101(a)(viii) is repealed.

Section 4.

This act is effective July 1, 1999.

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