HB 22-1065 — Emergency Mental Health Treatment And Evaluation Standard

Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCEDPREAMENDED This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading LLS NO.

22-0144.01 Jane Ritter x4342x2700 HOUSE BILL 22-1065 HOUSE SPONSORSHIP Benavidez and Amabile, SENATE SPONSORSHIP (None), House Committees Senate Committees Judiciary Appropriations A BILL FOR AN ACT CONCERNING THE STANDARD FOR EMERGENCY MENTAL HEALTH TREATMENT AND EVALUATION .

(a) (I) When anyperson appears to have a mental health disorder -2- HB22-10651065 and,asaresultof suchmentalhealthdisorder,appearstobeanimminent dangertoothersortohimselforherselforappearstobegravelydisabled, W HEN A PERSON APPEARS TO HAVE A MENTAL HEALTH DISORDER OR BE GRAVELY DISABLED AND , AS A RESULT OF SUCH MENTAL HEALTH DISORDER OR BEING GRAVELY DISABLED , APPEARS TO PRESENT ANA IMMINENT OR SUBSTANTIAL RISK OF HARM TO SELF OR OTHER,OTHERS, then an intervening professional, as specified in subsection (1)(a)(II) of this section,uponprobablecauseandwithsuchassistanceasmayberequired,section, mayupon takeprobablecauseandwithsuchassistanceasmayberequired,maytakethe the person into custody, or cause the person to be taken into custody, and placed in a facilitydesignatedfacility designated or approved bytheby executive directorforaseventy-two-hourtreatmentandevaluation.Ifsuchafacility is not available, the personexecutive maydirector befor takena toseventy-two-hour antreatment emergencyand medicalevaluation. services facility.

(b)If Uponsuch an affidavit sworn to or affirmed before a judgefacility thatis relatesnot sufficientavailable, factsthe to establish that a person appears to have a mental health disorder and, as a result of the mental health disorder, appears to be an imminent danger to others or to himself or herself or appears to be gravely disabledR BE GRAVELY DISABLED AND,AS A RESULT OF SUCH MENTAL HEALTH DISORDER OR BEING GRAVELY DISABLED ,APPEARS TO PRESENT AN IMMINENT OR SUBSTANTIAL RISK OF HARM TO SELF OR OTHERS , the court may order the person described in the affidavit to be taken intoto custodyandan placedemergency inmedical aservices facilityfacility. designated or approved bythe executive director for a seventy-two-hour treatment and evaluation.

Whenever(b) Upon an affidavit sworn to or affirmed before a judge that relates sufficient facts to establish that a person appears to have a mental health disorder and, as a result of the mental health disorder, appears to be an imminent danger to others or to himself or herself or appears to be gravely disabledR BE GRAVELY DISABLED AND,AS A RESULT OF SUCH MENTAL HEALTH DISORDER OR BEING GRAVELY DISABLED ,APPEARS TO PRESENTASUBSTANTIALRISKOFHARMTOSELFOROTHERS ,thecourtmay order the person described in thisthe articleaffidavit 65to be taken into custody and placed in a facility designated or approved by the executive director for aseventy-two-hourtreatmentandevaluation.Wheneverinthisarticle65 a facility is to be designated or approved by the executive director, hospitals, if available, must be approved or designated in each county beforebeforeotherfacilitiesareapprovedordesignated.Wheneverinthisarticle other65 facilitiesa arefacility is to be designated or approved by the executive director as -3- 1065 afacilityforastatedpurposeandthefacilitytobedesignatedorapproved is a private facility, the consent of the private facilityto the enforcement of standards set by the executive director is a prerequisite to the designation or designated.approval.

Whenever(3) inWhen a person is taken into emergency custody by an intervening professional pursuant to subsection (1) of this articlesection 65and is presented to an emergency medical services facility or a facility that is todesignatedorapprovedbytheexecutivedirector,thefacilityshallrequire bean designatedapplication, orin -3-writing, HB22-1065stating approvedthe bycircumstances under which the executiveperson's directorcondition aswas acalled facilityto forthe aattention statedof purposethe intervening professional and further stating sufficient facts, obtained from the facilityintervening professional's personal observations or obtained from others whom he or she THE INTERVENING PROFESSIONAL reasonablybelieves to be designatedreliable, orto approvedestablish isthat the person hasS TO HAVE a privatemental facility,health disorderR BE GRAVELY DISABLED and, as a result of the consentmental oftheprivatefacilitytotheenforcementofstandardssetbytheexecutivehealth directordisorder is aan prerequisiteimminent danger to theothers designationor to himself or approval.herself, is gravely disabled, OR BEING GRAVELY DISABLED , PRESENTS A SUBSTANTIAL RISK OF HARM TO SELF OR OTHERS , or is in need of immediate evaluation for treatment.

(3)The Whenapplication amust personindicate iswhen takenthepersonwastakenintocustodyandwhobroughttheperson'scondition into emergency custody by an intervening professional pursuant to subsection (1) of this section and is presented to an emergency medical services facility or a facility that is designatedorapprovedbytheexecutivedirector,thefacilityshallrequire an application, in writing, stating the circumstances under which the person's condition was called to the attention of the interveninginterveningprofessional.Acopyof professional and further stating sufficient facts, obtained from the interveningapplication professional'smustbefurnishedtothepersonbeingevaluated,andtheapplicationmust personal observations or obtained from others whom he or sheTHE INTERVENING PROFESSIONAL reasonablybelieves to be reliable,retained to establish that the person hasS TO HAVE a mental health disorder BE GRAVELY DISABLED and, as a result of the mental health disorder is an imminent danger to others or to himself or herself, is gravely disabled,OR BEING GRAVELY DISABLED , PRESENTS AN IMMINENT OR SUBSTANTIAL RISK OF HARM TO SELF OR OTHERS , or is in needofimmediateevaluationfortreatment.Theapplicationmustindicateaccordance whenwith the personprovisions was taken into custody and who brought the person's condition to the attention of thesection intervening27-65-121 professional.(4).

A copy of the application must be furnished to the person being evaluated, and the applicationmustberetainedinaccordancewiththeprovisionsof section 27-65-121 (4).

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