Chapter 10 - Hospitalization Of Mentally Ill Persons
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 ordereddetention or hospitalization of the person pursuant to this act, or thedistrict court in the county where the person resides, is found or ishospitalized;
(ii) "Dangerous to himself or others" means that, as aresult of mental illness, a person:
(A) Evidences a substantial probability of physical harm tohimself as manifested by evidence of recent threats of or attempts at suicideor serious bodily harm; or
(B) Evidences a substantial probability of physical harm toother individuals as manifested by a recent overt homicidal act, attempt orthreat or other violent act, attempt or threat which places others inreasonable fear of serious physical harm to them; or
(C) Evidences behavior manifested by recent acts or omissionsthat, due to mental illness, he is unable to satisfy basic needs fornourishment, essential medical care, shelter or safety so that a substantialprobability exists that death, serious physical injury, serious physicaldebilitation, serious mental debilitation, destabilization from lack of orrefusal to take prescribed psychotropic medications for a diagnosed conditionor serious physical disease will imminently ensue, unless the individualreceives 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 needswith the supervision and assistance of others who are willing and available.
(iii) "Department" means the state department ofhealth;
(iv) "Examiner" means a licensed psychiatrist, alicensed physician, a licensed advanced practitioner of nursing with a clinicalspecialty in psychiatric and mental health nursing working in collaborationwith a licensed physician, a licensed psychologist, a licensed professionalcounselor, a licensed addictions therapist, a licensed clinical social workeror a licensed marriage and family therapist;
(v) "Head of hospital" means the individual in chargeof a hospital or his designee. When this act requires or authorizes the head ofa hospital to perform an act which involves the practice of medicine, the actshall be performed by a physician;
(vi) "Hospital" means a facility designated pursuantto W.S. 25-10-104 or the state hospital;
(vii) "Mental health center" means a community humanservices program for the prevention, treatment and amelioration of mentalillness under W.S. 35-1-611 through 35-1-627 or an equivalently staffed andequipped 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 personto be dangerous to himself or others and which requires treatment, but do notinclude addiction to drugs or alcohol, drug or alcohol intoxication ordevelopmental disabilities, except when one (1) or more of those conditionsco-occurs as a secondary diagnosis with a mental illness;
(x) "Patient" means an individual receiving treatmentpursuant to this act;
(xi) "Physician" means an individual licensed underthe laws of this state to practice medicine, or a physician in the service ofthe United States government while in this state in the performance of hisofficial duties;
(xii) "State hospital" means the Wyoming state hospitalat Evanston, Wyoming;
(xiii) "Treatment" means diagnosis, evaluation,intervention, which may include psychiatric medication, individual and groupmental health counseling, illness management diversion services such as immediatelinkages to mental health services in the community and discharge planning. Treatment shall begin at the time of detention, if the person knowingly andvoluntarily consents, and shall continue throughout involuntaryhospitalization. Treatment may be given without the consent of the detainedperson or his parent or guardian when treatment is limited to diagnosis orevaluation or when treatment is necessary to prevent immediate and seriousphysical harm to the person or others. "Treatment" does not includeobservation or supervision;
(xiv) "This act" means W.S. 25-10-101 through25-10-305;
(xv) "Resident" means a United States citizen who hasbeen a resident of and domiciled in Wyoming for not less than ninety (90) daysand who has not claimed residency elsewhere for the purpose of obtainingmedical or psychiatric services during that ninety (90) day period immediatelypreceding the date when services under this act were sought or imposed. "Resident" also includes any alien who has resided continuously inWyoming for at least ninety (90) days immediately prior to the date whenservices under this act were sought or imposed. "Resident" alsoincludes any active duty member, the spouse or minor child of any active dutymember of the armed forces of the United States who is stationed in Wyoming.
25-10-102. Admittees subject to rules and regulations of statehospital.
All persons admitted to the state hospitalshall be subject to the rules and regulations of the state hospital.
25-10-103. Admission of persons with mental illness to hospital.
Subjectto the rules and regulations of the hospital, the head of a hospital may admitpersons 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 tohospitals other than state hospital.
(a) The department, with respect to designated hospitals orother licensed treatment facilities other than the state hospital, shall:
(i) Adopt standards for the designation of hospitals or otherlicensed treatment facilities as qualified to accept patients and providetreatment under this act;
(ii) Designate hospitals or other licensed treatment facilitieswhich qualify under the standards adopted pursuant to paragraph (i) of thissubsection;
(iii) Enter into contracts with designated hospitals or otherlicensed treatment facilities for the inpatient treatment of persons withmental illness, and other services incident to the hospitalization ofpatients. Designated hospitals or other licensed treatment facilities having acontract with the department shall receive individuals detained under W.S.25-10-109;
(iv) Require reports from designated hospitals and otherlicensed treatment facilities concerning the services rendered to patientsunder the provisions of this act;
(v) Visit each designated hospital and each other licensedtreatment facilities at least once a year to review methods of treatment forall patients with mental illness;
(vi) Investigate complaints made by or on behalf of patientswith mental illness; and
(vii) Promulgate rules and regulations, including rules regardingreimbursement 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 ofpatients; and
(iii) Investigate complaints made by or on behalf of statehospital patients.
25-10-106. Voluntary applications for admission.
(a) The head of a hospital may admit for treatment any adultwho has symptoms of mental illness but who has sufficient insight or capacityto make responsible, voluntary application for admission and who applies foradmission.
(b) A person who has symptoms of mental illness but because ofminority or incompetency is not capable of making a responsible, voluntaryapplication for admission may be admitted for treatment upon application by aparent or guardian if the application:
(i) Is accompanied by a statement of an examiner that theperson 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.
Thehead 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 requestshis release in writing or whose release is requested in writing by the personresponsible 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 therequest for release is made by a person other than the patient, release may beconditioned upon the consent of the patient; or
(ii) If the patient is a minor or incompetent, his release maybe conditioned upon the consent of his parent or guardian.
(b) The hospital shall prepare a discharge plan in accordancewith policies, rules and regulations of the department.
25-10-109. Emergency detention.
(a) When a law enforcement officer or examiner has reasonablecause to believe a person is mentally ill pursuant to W.S. 25-10-101, theperson may be detained.
(b) Immediately after detaining the person, the officer shallcontact an examiner. A preliminary examination of the person shall be conductedby an examiner within twenty-four (24) hours after the detention. If apreliminary examination is not conducted within twenty-four (24) hours thedetained person shall be released. If the examiner giving the preliminaryexamination finds that the person:
(i) Is not mentally ill, the person shall be releasedimmediately;
(ii) Was mentally ill, but is no longer dangerous to himself orothers, the person shall be released immediately; or
(iii) Is mentally ill, the person may be detained forseventy-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 undersubsections (h) through (k) of this section.
(d) A person taken into custody under this section may bedetained in a hospital or other suitable facility which is appropriate underthe circumstances. The person shall not be detained in a nonmedical facilityused for detention of persons charged with or convicted of penal offenses exceptin extreme emergency or if there are no other reasonable alternatives. The lawenforcement officer who detained the person shall immediately notify the personresponsible for the care and custody of the detained person, if known, of thetime and place of detention.
(e) The law enforcement officer or examiner who initiallydetained the person shall make a written statement of the facts of theemergency detention. A copy of the statement shall be given to the detainedperson 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 personvoluntarily and knowingly consents. The parent or guardian of a minor orincompetent person may consent to treatment. Treatment may be given without theconsent of the detained person or his parent or guardian when treatment islimited to diagnosis or evaluation or when treatment is necessary to preventimmediate and serious physical harm to the person or others. Prior totreatment, the person shall be fully advised of the scope of treatment, and areport of the treatment shall be filed with the court if involuntaryhospitalization proceedings are commenced. An examiner or a physician whoprovides treatment in good faith pursuant to this subsection shall be immunefrom civil liability for the treatment except there shall be no immunity fromliability for negligent acts or deliberate misconduct.
(g) At the time of emergency detention the person shall beinformed orally and in writing of his right to contact his family and anattorney, of his right to appointed counsel if he is indigent, of his right toremain silent and that his statements may be used as a basis for involuntaryhospitalization.
(h) When a person is detained in emergency detention and anapplication for involuntary hospitalization is filed, the court shall appointan attorney to represent the detained person unless he has his own attorney,and the court shall conduct a hearing within seventy-two (72) hours, excludingSaturdays, Sundays and legal holidays, of the initial detention to determinewhether continued detention is required pending involuntary hospitalizationproceedings. Notice of the preliminary hearing shall be given to the detainedperson and his attorney. The court may delay the hearing only at the request ofthe detained person or his parent, guardian or his attorney.
(j) At the hearing the court shall advise the detained personand his parent, guardian or attorney of the contents of the written statementof emergency detention required in subsection (e) of this section and theapplication for involuntary hospitalization.
(k) The standard of proof in an emergency detention hearingshall be by a preponderance of the evidence. If the court finds at anemergency detention hearing that:
(i) The person is not mentally ill, the court shall order theperson released;
(ii) The person is mentally ill and has applied for voluntaryadmission, the court may dismiss the proceedings; or
(iii) The person is mentally ill, it shall order continueddetention of the person for not more than ten (10) days. The court may extendthe detention period at the request of the proposed patient or his attorney.
(m) If the court finds the person is mentally ill pursuant toparagraph (k)(iii) of this section, the court shall make findings as to theperson's competence to make informed choices regarding treatment and theperson's need for prescribed psychotropic medication. If the court finds theperson incompetent to make an informed decision, the court may order theadministration of prescribed psychotropic medication for the period of theemergency detention for restabilization of the person's mental health.
25-10-110. Involuntary hospitalization proceedings.
(a) Proceedings for the involuntary hospitalization of a personmay be commenced by the filing of a written application with the court in thecounty in which the person is initially detained. Proceedings may also beinitiated in the county in which there is a designated hospital if there is awritten agreement executed by the county in which the person resides and thedesignated hospital stating that the county in which the person resides will beresponsible for costs of treatment under W.S. 25-10-112(e) that are not coveredby the state. The application shall be accompanied by either:
(i) A certificate of an examiner stating:
(A) That he has examined the proposed patient not more thanfifteen (15) days prior to the date that the application was filed under thissubsection;
(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 examinerthat the proposed patient has refused to submit to examination by an examiner,together with a statement of the facts and circumstances supporting theapplication.
(b) Unless the proposed patient is represented by counsel, thecourt shall appoint an attorney to represent him.
(c) Proceedings under this section shall be entitled "Inthe Interest of ....". The county attorney of the county where theapplication is filed shall appear in the public interest. The court shallexpedite the proceedings.
(d) Upon receipt of an application, the court shall issuenotice thereof to the proposed patient, the person responsible for the care orcustody of the proposed patient and other persons designated by the court. Thenotice shall be served as provided by the Wyoming Rules of Civil Procedure. Thenotice shall apprise the proposed patient:
(i) Of the purpose of the proceeding;
(ii) Of the identity of the appointed examiner, and hisauthority to conduct an examination;
(iii) Of his right to counsel, the identity of counsel appointedby the court to represent him and his right to counsel of his own selection;
(iv) Of the requirements for an involuntary hospitalizationorder under subsection (j) of this section;
(v) Of the basis for the proposed hospitalization, including adetailed statement of the facts and supporting testimony; and
(vi) That a hearing will be held if warranted by the report ofthe examination of the proposed patient.
(e) The court shall appoint one (1) or more examiners toexamine the proposed patient and to make a written report to the court of thefindings as to the history and mental illness of the proposed patient. Thecourt may order the proposed patient to appear for examination and if theproposed patient does not appear the court may compel his appearance. Theexamination shall be held at a hospital, a medical facility, the home of theproposed patient or any other suitable place which will not have a harmfuleffect 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 anexaminer other than a licensed physician, licensed psychiatrist or licensedpsychologist, the court shall appoint a licensed physician, licensedpsychiatrist or licensed psychologist to review the findings of the examinerand 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 examinerreports the proposed patient is mentally ill, the court shall fix a date forand give notice of a hearing to be held as soon as possible. The notice shallsatisfy 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. Ifupon the basis of the appointed examiner's report or from other informationavailable to the court, the court concludes that the proposed patient does notunderstand his rights, the court may call a jury upon its own motion or uponthe request of the person responsible for the care and custody of the proposedpatient. 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 whomnotice is required may appear at the hearing to testify and may presentwitnesses. The court may receive the testimony of other persons. The proposedpatient 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 beexcluded from the hearing. The hearing shall be conducted in as informal amanner as is consistent with orderly procedure and in a physical setting whichwill not have a harmful effect on the mental health of the proposed patient.Any hearing conducted under this subsection shall be recorded by the courtreporter or by electronic, mechanical or other appropriate means.
(j) If, upon completion of the hearing and consideration of therecord, the court or the jury finds by clear and convincing evidence that theproposed patient is mentally ill the court shall consider the least restrictiveand 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 ofthe findings of fact and order and a copy of the examiner's report;
(B) Specify where he will be detained pending transportation tothe hospital. No person shall be detained in a nonmedical facility used fordetention of persons charged with or convicted of penal offenses except duringan extreme emergency;
(C) Order his transportation to the hospital with properclothing and personal effects;
(D) Notify his next of kin or the person responsible for hiscare and custody and the proposed treatment provider or hospital of the court'sorder;
(E) Make findings as to his competence to make informed choicesregarding treatment and his need for prescribed psychotropic medication. Ifthe court finds the person incompetent to make an informed decision, the courtmay order the administration of prescribed psychotropic medication. The orderfor medication shall be reviewed by a physician upon commitment and by apsychiatrist upon admission to the hospital. The prescribed medication shallbe continued if found medically appropriate by the investigation reviewcommittee of the hospital or institution, subject to review by the medicaldirector of the hospital or institution. Any action by the medical director ofthe hospital or institution shall be reviewable pursuant to the WyomingAdministrative Procedure Act.
(ii) Suspend the proceedings pending voluntary treatment asapproved by the examiner and by the facility or individual who will provide thetreatment. If the court finds that the proposed patient does not requirecontinuous inpatient hospitalization, would be more appropriately treated in anoutpatient treatment program or a combination of outpatient and inpatienttreatment or will be able to appropriately control his illness by following aprescribed treatment plan, the court shall consider such treatment options. Ifthe court finds that the proposed patient does not require continuoushospitalization and the funding is available, it shall consider conditionaloutpatient treatment for a period of time deemed appropriate and may designatean outpatient care provider, including mental health centers. Conditionaloutpatient treatment may require periodic reporting, continuation of medicationand submission to testing and restriction of travel, consumption of alcoholicbeverages or drugs, associations with other persons or other reasonableconditions as the court may specify provided the court may suspend theimposition of the conditional outpatient treatment order for failure to meetthe conditions and order involuntary hospitalization under this section; or
(iii) Order any disposition for which private resources areavailable and which is consistent with the best interests of the proposedpatient and with public safety.
(k) The court is authorized to appoint a special commissionerto assist in the conduct of hospitalization proceedings. In proceedings underthis act, regularly appointed court commissioners may exercise the authoritygranted by W.S. 5-3-307. In any case in which the court refers an applicationto the commissioner, the commissioner shall conduct the involuntaryhospitalization proceedings under this section and on the basis thereof shalleither recommend dismissal of the application or hold a hearing as provided inthis section and make recommendations to the court regarding the disposition ofthe proposed patient and of the proceedings.
(m) An appointed examiner shall receive for his services ineach court ordered examination a reasonable fee fixed by the court.
(n) The court shall inquire into the medical condition of everypatient found to be mentally ill. If the court determines based upon the adviceof a physician, that the patient's present primary need is for medicaltreatment or care and whose need for psychiatric care is secondary, the courtmay delay ordering the commitment of the patient to the Wyoming state hospital untilsuch time as the patient receives medical care and the patient's need forpsychiatric care is primary.
25-10-111. Commitment or transfer to federal hospital; effect of ordersby 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 facilityoperated by the veterans' administration or another federal agency, if thecourt has received a certificate from the agency showing that facilities areavailable and that the patient is eligible for treatment therein.
(b) An order of a court of competent jurisdiction of anotherstate or of the District of Columbia, authorizing hospitalization of a personby an agency of the United States, has the same force and effect as to theperson while in this state as in the jurisdiction in which the order was made.
(c) Upon receipt of a certificate from the veterans'administration or another federal agency that facilities are available fortreatment of a patient hospitalized under W.S. 25-10-110 and that the patientis eligible for treatment therein, the head of a hospital may transfer thepatient to the veterans' administration or other federal agency for treatment.The court which ordered hospitalization shall be notified of the transfer bythe hospital. No person shall be transferred if he is confined pursuant to aconviction for a crime or if he has been acquitted of a criminal charge solelyon the ground of mental illness or deficiency, unless, prior to the transfer,the court which committed the person enters an order for the transfer afterappropriate motion and hearing.
(d) Upon admission to a federal facility pursuant to thissection, the patient is subject to the rules and regulations of the veterans'administration or other federal agency. The chief officer of the federalfacility in which the patient is hospitalized has the same powers as the headof the state hospital with respect to retention, transfer, release and dischargeof patients.
25-10-112. Liability for costs of detention, involuntaryhospitalization and proceedings therefor.
(a) Subject to the provisions of subsections (d) and (e) ofthis section, the county in which a person is detained or in which involuntary hospitalizationproceedings are brought shall pay the costs of:
(i) The first seventy-two (72) hours of detention, in additionto 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 forthose conditions:
(A) That resulted in the emergency detention of the person; or
(B) That are attributable to affirmative actions taken by theperson that have placed the person in danger of suicide or serious bodily harmand require immediate medical attention.
(ii) Proceedings for detention or involuntary hospitalizationpursuant to W.S. 25-10-109 or 25-10-110. The costs of these proceedingsinclude the cost of appointed counsel and examiners;
(iii) Clothing, if the person does not have and cannot afford topurchase adequate clothing; and
(iv) Costs incurred under W.S. 25-10-125(b).
(b) Subject to the provisions of subsection (d) of thissection, 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) ofthis section.
(c) Subject to the provisions of subsections (d) and (e) ofthis section, if continued emergency detention is ordered pursuant to W.S.25-10-109(k)(iii), the county's liability for any costs of detention, treatmentor transportation shall terminate after the first seventy-two (72) hours ofdetention, in addition to any Saturday, Sunday or legal holiday. The departmentshall be responsible for those costs after the expiration of the county'sresponsibility for payments of the costs. The county attorney shall notify thedepartment of the continued emergency detention order or involuntaryhospitalization order within twenty-four (24) hours. All costs of treatment,transportation and continued emergency detention incurred after the firstseventy-two (72) hours of detention, in addition to any Saturday, Sunday orlegal holiday, shall be paid by:
(i) The department for persons hospitalized in the statehospital; 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 torecover all costs of treatment from public and private health insurance, frompatients, and from government benefit programs prior to seeking payment fromthe county or the department. The hospital or other treatment provider shallhave discharged its obligation to recover costs under this subsection if it:
(i) Has obtained or made reasonable effort to obtain from thepatient or the patient's legally designated representative an affidavit showingthe patient's financial condition which would support certification of thefacts under paragraph (ii) of this subsection; and
(ii) Certifies to the county or the department that the patienthas no public or private health insurance and that there are no othergovernment benefit programs from which it can recover the costs of treatment.
(e) When a person is detained under W.S. 25-10-109, the countyin which the person resided shall be liable for costs of treatment for thefirst seventy-two (72) hours of detention, in addition to any Saturday, Sundayor legal holiday that falls within the seventy-two (72) hours. If the personremains in detention after the hearing pursuant to W.S. 25-10-109(k)(iii), thedepartment shall directly, or under contract with local providers, providetreatment for those conditions specified in paragraph (a)(i) of this sectionuntil the person is released from detention or involuntary commitment isordered, subject to payment of costs as provided in this subsection orsubsection (c) of this section.
(f) For purposes of this section, "costs" shall notinclude the expenses for any medical procedures that are not:
(i) Related to the assessment of or necessary treatment for thesuspected mental illness; or
(ii) Otherwise specified in paragraph (a)(i) of this section.
(g) Each board of county commissioners may establish a singlepoint of responsibility to identify, make referrals to, intervene andcoordinate with community or regional resources prior to and after an emergencydetention. The single point of responsibility may be assigned to a communitymental health center, designated hospital or other entity that is able toprovide treatment as defined under this act.
25-10-113. Duties of head of hospital upon admission; treatment ofpatients primarily needing medical care.
(a) As soon as possible but not later than seven (7) days aftera patient is admitted to a hospital under this act, the head of the hospitalshall:
(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 thata patient's primary need for care is medical as opposed to psychiatric, thehead of the state hospital may refuse to admit the patient if the statehospital has limited medical facilities or staff to provide for the necessarymedical needs of the patient. If admittance is refused, the patient shall betransported to a medical facility that is qualified to meet the medical needsof 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 astate penal institution who is mentally ill to the state hospital, subject tothe rules of admission of the state hospital, if adequate treatment cannot beprovided at a state penal institution.
(b) Not less than five (5) days before an inmate is transferredpursuant to this section, the department of corrections shall give writtennotice to the court which ordered imprisonment, the inmate and the personresponsible 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 tothe state hospital shall not exceed the term of imprisonment imposed by thesentencing court unless proceedings for involuntary hospitalization areinstituted 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 thisact to another hospital if the transfer is in the best interest of thepatient. An involuntarily hospitalized patient who is so transferred retainsthe status of an involuntarily hospitalized patient under W.S. 25-10-110.
(b) Not less than five (5) days before a patient istransferred, the head of the hospital shall give written notice to the court,the patient, and the person responsible for his care or custody. The noticeshall 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 ofdischarge or continued hospitalization; notice; hearing.
(a) Three (3) months after each patient's admission to thehospital, the head of the hospital shall evaluate the progress of each patientand shall reevaluate the treatment and progress every six (6) monthsthereafter.
(b) When the head of a hospital determines after theexamination required by subsection (a) of this section or by W.S. 25-10-113that the conditions justifying hospitalization of involuntary patients nolonger exist, he shall report his determination to the court, the countyattorney, the district attorney, family members and the mental health centerwhich were involved in the initial proceedings. Unless, within three (3) daysafter the notice is sent, the court upon motion orders a hearing on continuingthe patient's hospitalization, the head of the hospital shall discharge thepatient. The hearing shall be held as soon as practicable and shall follow theprocedures in W.S. 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 evaluationrequired by subsection (a) of this section or by W.S. 25-10-113 that theconditions justifying hospitalization continue to exist, he shall send to thecourt notice of his determination and a detailed statement of the factual basisfor the determination. The court may order a hearing to review thedetermination. The head of the hospital shall also send notice of hisdetermination to the patient and the person responsible for his care orcustody. 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 continuedhospitalization; notice; hearing; options of court.
(a) A hearing shall be conducted in accordance with thissection 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 withthe court within five (5) days of receipt of notice of the intended action. Thecourt shall set a hearing date which shall be within fourteen (14) days ofreceipt of the objection. If an objection is not filed within five (5) days, orif the patient consents to the action, the court may enter an ex parte orderauthorizing the action.
(c) The hearing shall be before the court, without a jury. Ifthe 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 continuinghospitalization; or
(ii) The transfer or continuing hospitalization is notjustified, the court shall enter an order prohibiting the transfer or continuinghospitalization.
25-10-119. Mechanical restraints; uses and reasons therefor recorded.
Mechanicalrestraints shall not be applied to any patient, unless the head of the hospitaldetermines that the medical needs of the patient require them. The head of thehospital shall record every use of a mechanical restraint and the reasons forits use in the clinical record of the patient and sign the record.
25-10-120. Rights of patients; commitment and treatment of personsbeing treated by prayer.
(a) The department shall adopt rules and regulations creating abill of patient rights and establishing the procedures by which those rightsmay 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 spiritualmeans alone, through prayer, by a duly accredited practitioner in accordancewith the tenets and practices of a recognized church or religious denominationmay be detained, hospitalized or ordered to receive treatment under this actunless:
(i) A court finds by clear and convincing evidence that he ismentally ill; or
(ii) If the person is a minor or is incompetent his parent orguardian consents to detention, hospitalization or treatment.
25-10-121. Admission not to create presumption as to competency norground for guardianship.
Admissionto a hospital under this act shall not create any presumption with respect tothe patient's mental or legal competency to exercise civil, contractual orother rights for which a legal standard of competency exists. Admission to ahospital under this act is not sufficient cause for guardianship of the personor estate of any patient.
25-10-122. Records to be kept confidential; exceptions.
(a) Records and reports made under this act which directly orindirectly identify a patient, a former patient or an individual for whom anapplication for hospitalization has been filed, shall be confidential and shallnot be disclosed by any person unless:
(i) The patient or, if he is a minor or incompetent, his parentor guardian, consents;
(ii) Disclosure is necessary to carry out this act; or
(iii) A court determines disclosure is necessary for the conductof proceedings before it and failure to disclose would be contrary to thepublic interest.
(iv) Repealed by Laws 1989, ch. 147, 2.
(b) Patient records identified in subsection (a) of thissection may be provided without consent of the patient, parent or guardian byand between a mental health center, the state hospital and hospitals designatedunder 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 ofcriminal offense.
Apatient held on order of a court having criminal jurisdiction in any action orproceeding arising out of a criminal offense shall not be discharged exceptupon order of a court of competent jurisdiction. At any time the head of thehospital is of the opinion that the person is no longer affected by mentalillness or deficiency, or that he no longer presents a substantial risk ofdanger to himself or others, the head of the hospital shall apply to the courtwhich committed the person for an order of discharge. The court havingcriminal jurisdiction in the matter shall conduct a hearing not less than onceeach year to determine whether the continued hospitalization of the patient isnecessary, based on the reports required under W.S. 25-10-116 and any otherinformation provided to the court by the state hospital or the federal hospitalunder W.S. 25-10-111, as appropriate, or the patient's counsel. After ahearing, the court shall make its findings and enter an order as provided inW.S. 25-10-118(c).
25-10-124. Transfer of patients between states.
(a) Repealed by Laws 1989, ch. 147, 2.
(b) Repealed by Laws 1989, ch. 147, 2.
(c) Repealed by Laws 1989, ch. 147, 2.
(d) Transfer of patients between states shall be governed bythe Interstate Compact on Mental Health, W.S. 25-10-301.
25-10-125. Clothing and transportation upon discharge.
(a) The department, pursuant to W.S. 25-10-112 shall insurethat a patient discharged from the state's custody possesses suitable clothingand adequate means to insure his arrival at the home from which he was admittedor another place within the state, which is in the best interests of the stateand of the patient.
(b) The county responsible for payment of costs pursuant toW.S. 25-10-112(a) shall insure that a patient discharged from emergencydetention within seventy-two (72) hours, or upon expiration of emergencydetention after seventy-two (72) hours without a court order forhospitalization under W.S. 25-10-110, possesses suitable clothing and adequatemeans to insure his arrival at the home from which he was admitted or anotherplace, which is in the best interests of the county and of the patient.
25-10-126. Penalties for unwarranted hospitalization or denial ofrights.
(a) A person who willfully causes the unwarrantedhospitalization of any individual under this act is guilty of a felonypunishable by a fine not exceeding five thousand dollars ($5,000.00) orimprisonment not exceeding five (5) years, or both.
(b) A person who willfully denies any individual any of therights accorded to him under this act is guilty of a misdemeanor punishable bya fine not exceeding seven hundred fifty dollars ($750.00) or imprisonment notexceeding six (6) months, or both.
25-10-127. Convalescent status; discharge; readmittance.
(a) After providing fourteen (14) days notice to the court andcounty attorney who initiated involuntary hospitalization procedures, thehospital may release an improved patient on convalescent status. Release onconvalescent status shall include a plan of treatment on an outpatient ornonhospital basis and other provisions for continuing responsibility to and bythe hospital. Prior to the end of one (1) year on convalescent status, and notless than annually thereafter, the hospital shall reexamine the facts relatingto the hospitalization of the patient on convalescent status and if thehospital determines hospitalization is no longer anticipated, the hospitalshall discharge the patient and make a report of discharge to the court andcounty attorney involved in ordering the hospitalization, if any.
(b) The hospital from which the patient is given convalescentstatus may readmit to the hospital an involuntary hospitalized patient who hasbeen released on convalescent status if the hospital reasonably believes thatit is in the best interests of the patient. The person readmitted shall haveall the rights he had upon admission to the hospital. Upon readmission he shallbe given notice of his rights pursuant to W.S. 25-10-116. It is theresponsibility of the hospital to provide or pay for any transportation orother services in connection with any revocation of a convalescent status.
(c) The hospital shall discharge any patient who has remainedon convalescent status for a period of two (2) continuous years.
(d) This section shall not apply to a person who has beencommitted to the hospital pursuant to a criminal proceeding.
ARTICLE 2 - FISCAL PROVISIONS
25-10-201. Repealed by Laws 1989, ch. 50, 4.
25-10-202. Repealed by Laws 1989, ch. 50, 4.
25-10-203. Repealed by Laws 1989, ch. 50, 4.
25-10-204. Repealed by Laws 1989, ch. 50, 4.
25-10-205. Repealed by Laws 1989, ch. 50, 4.
25-10-206. Repealed by Laws 1989, ch. 50, 4.
25-10-207. Repealed by Laws 1989, ch. 50, 4.
25-10-208. Repealed by Laws 1989, ch. 50, 4.
25-10-209. Repealed by Laws 1989, ch. 50, 4.
25-10-210. Repealed by Laws 1985, ch. 221, 2.
25-10-211. Repealed by Laws 1989, ch. 50, 4.
25-10-212. Repealed by Laws 1987, ch. 27, 2.
25-10-213. Repealed by Laws 1989, ch. 50, 4.
25-10-214. Repealed by Laws 1989, ch. 50, 4.
ARTICLE 3 - INTERSTATE COMPACT ON MENTAL HEALTH
25-10-301. Enactment into law; form.
TheInterstate Compact on Mental Health is hereby enacted into law and entered intoby this state with all other states legally joining therein in the formsubstantially as follows:
ArticleI
The party states find that the proper andexpeditious treatment of the mentally ill and mentally deficient can befacilitated by cooperative action, to the benefit of the patients, theirfamilies, and society as a whole. Further, the party states find that thenecessity of and desirability for furnishing such care and treatment bears noprimary relation to the residence or citizenship of the patient but that, onthe contrary, the controlling factors of community safety and humanitarianismrequire that facilities and services be made available for all who are in needof them. Consequently, it is the purpose of this compact and of the partystates to provide the necessary legal basis for the institutionalization orother appropriate care and treatment of the mentally ill and mentally deficientunder a system that recognizes the paramount importance of patient welfare andto establish the responsibilities of the party states in terms of such welfare.
ArticleII
(a) As used in thiscompact:
(i) "Sendingstate" shall mean a party state from which a patient is transportedpursuant to the provisions of the compact or from which it is contemplated thata patient may be so sent;
(ii) "Receivingstate" shall mean a party state to which a patient is transported pursuantto the provisions of the compact or to which it is contemplated that a patientmay be so sent;
(iii) "Institution" shall mean any hospital or other facility maintained bya party state or political subdivision thereof for the care and treatment ofmental illness or mental deficiency;
(iv) "Patient" shall mean any person subject to or eligible as determinedby 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) "Mentalillness" shall mean mental disease to such extent that a person soafflicted requires care and treatment for his own welfare, or the welfare ofothers, or of the community;
(vii) "Mentaldeficiency" shall mean mental deficiency as defined by appropriateclinical authorities to such extent that a person so afflicted is incapable ofmanaging himself and his affairs, but shall not include mental illness asdefined herein;
(viii) "State" shall mean any state, territory or possession of the UnitedStates, the District of Columbia, and the commonwealth of Puerto Rico.
Article III
(a) Whenever a personphysically present in any party state shall be in need of institutionalizationby reason of mental illness or mental deficiency, he shall be eligible for careand treatment in an institution in that state irrespective of his residence,settlement or citizenship qualifications.
(b) The provisions ofparagraph (a) of this article to the contrary notwithstanding, any patient maybe transferred to an institution in another state whenever there are factorsbased upon clinical determinations indicating that the care and treatment ofthe patient would be facilitated or improved. Any institutionalization may befor the entire period of care and treatment or for any portion or portionsthereof. The factors referred to in this paragraph shall include the patient'sfull record with due regard for the location of the patient's family, characterof the illness and probable duration and other factors as shall be consideredappropriate.
(c) No state shall beobliged to receive any patient pursuant to the provisions of paragraph (b) ofthis article unless the sending state has given advance notice of its intentionto send the patient; furnished all available medical and other pertinentrecords concerning the patient; given the qualified medical or otherappropriate clinical authorities of the receiving state an opportunity toexamine the patient if said authorities so wish; and unless the receiving stateshall agree to accept the patient.
(d) In the event thatthe laws of the receiving state establish a system of priorities for theadmission of patients, an interstate patient under this compact shall receivethe same priority as a local patient and shall be taken in the same order andat the same time that he would be taken if he were a local patient.
(e) Pursuant to thiscompact, the determination as to the suitable place of institutionalization fora patient may be reviewed at any time and further transfer of the patient maybe made as seems likely to be in the best interest of the patient.
Article IV
(a) Whenever, pursuantto the laws of the state in which a patient is physically present, it shall bedetermined that the patient should receive aftercare or supervision, such careor supervision may be provided in a receiving state. If the medical or otherappropriate clinical authorities having responsibility for the care and treatmentof the patient in the sending state shall have reason to believe that aftercarein another state would be in the best interest of the patient and would notjeopardize the public safety, they shall request the appropriate authorities inthe receiving state to investigate the desirability of affording the patientaftercare in the receiving state, and an investigation shall be made with allreasonable speed. The request for investigation shall be accompanied bycomplete information concerning the patient's intended place of residence andthe 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 bepertinent.
(b) If the medical orother appropriate clinical authorities having responsibility for the care andtreatment of the patient in the sending state and the appropriate authoritiesin the receiving state find that the best interest of the patient would beserved and if the public safety would not be jeopardized the patient mayreceive aftercare or supervision in the receiving state.
(c) In supervising,treating, or caring for a patient on aftercare pursuant to the terms of thisarticle, 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 potentiallydangerous patient escapes from an institution in any party state, that stateshall promptly notify all appropriate authorities within and without thejurisdiction of the escape in a manner reasonably calculated to facilitate thespeedy apprehension of the escapee. Immediately upon the apprehension andidentification of any dangerous or potentially dangerous patient, he shall bedetained, in the state where found pending disposition in accordance with law.
ArticleVI
The duly accredited officers of any stateparty to this compact, upon the establishment of their authority and theidentity of the patient, shall be permitted to transport any patient beingmoved pursuant to this compact through any and all states party to thiscompact, without interference.
ArticleVII
(a) No person shall bedeemed a patient of more than one (1) institution at any given time. Completionof transfer of any patient to an institution in a receiving state shall havethe effect of making the person a patient of the institution in the receivingstate.
(b) The sending stateshall pay all costs of and incidental to the transportation of any patientpursuant to this compact, but any two (2) or more party states may, by making aspecific agreement for that purpose, arrange for a different allocation ofcosts as among themselves.
(c) No provision ofthis compact shall be construed to alter or affect any internal relationshipsamong the departments, agencies and officers of and in the government of aparty state, or between a party state and its subdivisions, as to the paymentof costs, or responsibilities.
(d) Nothing in thiscompact shall be construed to prevent any party state or subdivision fromasserting any right against any person, agency or other entity in regard tocosts for which the party state or subdivision may be responsible pursuant toany provision of this compact.
(e) Nothing in this compactshall be construed to invalidate any reciprocal agreement between a party stateand a nonparty state relating to institutionalization, care or treatment of thementally ill or mentally deficient, or any statutory authority pursuant towhich the agreements may be made.
Article VIII
(a) Nothing in thiscompact shall be construed to abridge, diminish, or in any way impair therights, duties, and responsibilities of any patient's guardian on his ownbehalf or in respect