HB 1392
Involuntary substance use disorder treatment.
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Sign in to take action- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
Allows an individual's spouse, legal guardian, friend, or relative to petition a court for involuntary substance use disorder treatment. Requires a petition to include certain information and allows a court to dismiss a petition, without prejudice, if it does not contain the required information. Requires the court to appoint a public defender if the individual subject to a petition seeking involuntary substance use disorder treatment is not represented by an attorney. Requires a court to order the individual to be evaluated by two medical providers, one of which must be a licensed physician, if the court finds that: (1) the individual has a substance use disorder; (2) because of the individual's substance use disorder, the individual is experiencing impaired judgment and is unable to independently maintain the individual's activities of daily living or is a danger to self or others; and (3) the individual refuses to voluntarily participate in substance use disorder treatment. Allows a court to order a local law enforcement agency to consider whether an individual meets the criteria for emergency detention under certain circumstances. Requires a medical provider who completes an evaluation concerning an individual's need for substance use disorder treatment to submit the evaluation to the court. Specifies that after receiving an evaluation from a medical provider, the court may dismiss the petition or set a hearing for further evidence to be presented about the individual's need for substance use disorder treatment. Requires a court to order involuntary substance use disorder treatment for a period of between 60 and 360 days if medical evidence supports that the individual requires immediate treatment for a substance use disorder and the individual has refused treatment. Requires the petitioner to pay all medical expenses that result from a respondent receiving court ordered involuntary substance use disorder treatment. Specifies that a respondent may be subject to contempt proceedings for a failure or refusal to comply with a court order issued in response to the petition for involuntary substance use disorder treatment.
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