Vote Smart's Synopsis:

Vote to pass a bill that authorizes a court to order outpatient treatment for certain individuals with mental disorders, effective July 1, 2015.

Highlights:

• Authorizes a district court to require an individual to participate in an “assisted outpatient treatment” if the court finds that the individual meets certain criteria including, but not limited to, the following (Sec. 3):
• The individual is 18 years of age or older;
• The individual has a primary diagnosis of a mental disorder;
• The individual has a history of noncompliance with treatment for a mental disorder that has resulted in hospitalization, serious harm to others or themselves, or incarceration;
• The individual is unwilling or unlikely to participate voluntarily in outpatient treatment that would enable him or her to “live safely” in the community without court supervision;
• The individual is in need of assisted outpatient treatment to prevent a relapse or deterioration “likely to result in serious harm” to themselves or others; and
• The individual will “likely benefit” from receiving assisted outpatient treatment.

• Defines “assisted outpatient treatment” as an outpatient service ordered by a district court prescribed to treat a patient’s mental disorder that may include, but is not limited to, the following elements (Sec. 2):
• Medication;
• Periodic blood tests or urinalysis to determine compliance with prescribed medications;
• Individual or group therapy;
• Day or partial day programming activities; and
• Alcohol and substance abuse treatment.

• Requires an individual who is the subject of a petition for an order of assisted outpatient treatment to be represented by counsel at all stages of proceedings (Sec. 6).

• Authorizes certain individuals to file a petition for an order of assisted outpatient therapy, including, but not limited to, the following individuals (Sec. 4):
• The subject’s parent, spouse, sibling, or child, if over the age of 18;
• The director of a hospital where the subject is hospitalized;
• A qualified professional who has treated the subject for a mental disorder in the past 2 years; or
• A surrogate decision-maker.

• Requires a petition for an order of assisted outpatient treatment to include an affidavit from a qualified professional stating that the professional has examined the individual within 10 days of the filing of the petition, or that the individual refused examination, and that the professional recommends assisted outpatient treatment (Sec. 4).

• Requires a district court to receive a written treatment plan prior to ordering an individual to receive assisted outpatient treatment, as well as information about the specified provider who has agreed to provide the treatment described (Sec. 7).

• Prohibits the initial, required period of assisted outpatient treatment from exceeding 1 year (Sec. 8 & 9).

• Authorizes an individual’s surrogate decision-maker or other party to apply to a district court for an additional order of assisted outpatient treatment, not to exceed 1 year (Sec. 11).

• Specifies that an individual’s failure to comply with an order of assisted outpatient treatment is not grounds for involuntary commitment, contempt of court, or for physical restraint to administer medication to the respondent (Sec. 13). 

• Authorizes a qualified professional to certify the need for detention and transport of an individual for the purposes of emergency health evaluation and care, if the professional determines the individual has failed to comply with an order for assisted outpatient treatment and that the individual’s condition is “likely to result in serious harm” to themselves or others (Sec. 13).

Full Bill Text