SB 761
Creating Joel Archer Substance Abuse Intervention Act
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
Senate Bill 761, the Joel Archer Substance Abuse Intervention Act, establishes a process for involuntary treatment of individuals suffering from substance use disorder, including spouses and dependents, when they pose an imminent threat to themselves or others. The bill outlines criteria for treatment, a petition process, court proceedings, and emergency treatment options. It aims to provide a mechanism for addressing severe substance use disorder cases where voluntary treatment is not possible.
Key provisions
- Allows for involuntary hospitalization of spouses and dependents with substance use disorder who pose an imminent threat.
- Requires a petition to initiate proceedings, which must detail the respondent’s situation and the basis for concern.
- Mandates a court examination by qualified health professionals to assess the individual’s condition.
- Establishes a 60-day limit for involuntary treatment orders.
- Permits emergency involuntary treatment for up to 72 hours if a qualified professional certifies an imminent threat.
- Requires a guarantee of payment for treatment costs from the petitioner.
- Outlines procedures for summoning a respondent to an examination and transporting them to a treatment facility if they fail to appear.
- Defines ‘qualifying individual’ as spouse or a dependent as defined by U.S. Code.
Who is affected
- Individuals with substance use disorder
- Spouses of individuals with substance use disorder
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