Bill Text: NJ S2768 | 2016-2017 | Regular Session | Introduced
Bill Title: Concerns standard for involuntary commitment to outpatient treatment; requires police training on behavioral health issues.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-11-10 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S2768 Detail]
Download: New_Jersey-2016-S2768-Introduced.html
Sponsored by:
Senator JENNIFER BECK
District 11 (Monmouth)
SYNOPSIS
Concerns standard for involuntary commitment to outpatient treatment; requires police training on behavioral health issues.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning mental health, amending P.L.1987, c.116 and P.L.2009, c.112 and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1987, c.116 (C.30:4-27.2) is amended to read as follows:
2. As used in P.L.1987, c.116 (C.30:4-27.1 et seq.) and P.L.2009, c.112 (C.30:4-27.8 et al.):
a. "Chief executive officer" means the person who is the chief administrative officer of an institution or psychiatric facility.
b. "Clinical certificate" means a form prepared by the division and approved by the Administrative Office of the Courts, that is completed by the psychiatrist or other physician who has examined the person who is subject to commitment within three days of presenting the person for involuntary commitment to treatment, and which states that the person is in need of involuntary commitment to treatment. The form shall also state the specific facts upon which the examining physician has based his conclusion and shall be certified in accordance with the Rules of the Court. A clinical certificate may not be executed by a person who is a relative by blood or marriage to the person who is being screened.
c. "Clinical director" means the person who is designated by the director or chief executive officer to organize and supervise the clinical services provided in a screening service, short-term care or psychiatric facility. The clinical director shall be a psychiatrist, however, those persons currently serving in the capacity will not be affected by this provision. This provision shall not alter any current civil service laws designating the qualifications of such position.
d. "Commissioner" means the Commissioner of Human Services.
e. "County counsel" means the chief legal officer or advisor of the governing body of a county.
f. "Court" means the Superior Court or a municipal court.
g. "Custody" means the right and responsibility to ensure the provision of care and supervision.
h. "Dangerous to self" means that by reason of mental illness the person has threatened or attempted suicide or serious bodily harm, or has behaved in such a manner as to indicate that the person is unable to satisfy his need for nourishment, essential medical care or shelter, so that it is probable that substantial bodily injury, serious physical harm or death will result within the reasonably foreseeable future; however, no person shall be deemed to be unable to satisfy his need for nourishment, essential medical care or shelter if he is able to satisfy such needs with the supervision and assistance of others who are willing and available. This determination shall take into account a person's history, recent behavior and any recent act, threat or serious psychiatric deterioration.
i. "Dangerous to others or property" means that by reason of mental illness there is a substantial likelihood that the person will inflict serious bodily harm upon another person or cause serious property damage within the reasonably foreseeable future. This determination shall take into account a person's history, recent behavior and any recent act, threat or serious psychiatric deterioration.
j. "Department" means the Department of Human Services.
k. "Director" means the chief administrative officer of a screening service, short-term care facility or special psychiatric hospital.
l. "Division" means the Division of Mental Health and Addiction Services in the Department of Human Services.
m. (1) "In need of involuntary commitment" or "in need of involuntary commitment to treatment" means that an adult with mental illness, whose mental illness causes the person to be dangerous to self or dangerous to others or property and who is unwilling to accept appropriate treatment voluntarily after it has been offered, needs outpatient treatment or inpatient care at a short-term care or psychiatric facility or special psychiatric hospital because other services are not appropriate or available to meet the person's mental health care needs.
(2) "In need of involuntary inpatient commitment" or "in need of involuntary inpatient commitment to treatment" means that an adult with mental illness, whose mental illness causes the person to be dangerous to self or dangerous to others or property and who is unwilling to voluntarily accept appropriate treatment after it has been offered, needs inpatient care at a short-term care or psychiatric facility or special psychiatric hospital because other services are not appropriate or available to meet the person's mental health care needs.
(3) "In need of involuntary outpatient commitment" or "in need of involuntary outpatient commitment to treatment" means that an adult with mental illness needs outpatient care offered in the community because that person's mental illness, as demonstrated by recent acts, if untreated, could reasonably result in deterioration of the person's mental condition to the point at which the person will become dangerous to self or dangerous to others or property and that person is unwilling to voluntarily accept appropriate treatment after it has been offered. A person who otherwise meets the standard for involuntary inpatient commitment may be committed to outpatient treatment in lieu of inpatient treatment if outpatient treatment is deemed sufficient to render the person unlikely to be dangerous to self or dangerous to others or property.
n. "Institution" means any State or county facility providing inpatient care, supervision and treatment for persons with developmental disabilities; except that with respect to the maintenance provisions of Title 30 of the Revised Statutes, institution also means any psychiatric facility for the treatment of persons with mental illness.
o. "Mental health agency or facility" means a legal entity which receives funds from the State, county or federal government to provide mental health services.
p. "Mental health screener" means a psychiatrist, psychologist, social worker, registered professional nurse or other individual trained to do outreach only for the purposes of psychological assessment who is employed by a screening service and possesses the license, academic training or experience, as required by the commissioner pursuant to regulation; except that a psychiatrist and a State licensed clinical psychologist who meet the requirements for mental health screener shall not have to comply with any additional requirements adopted by the commissioner.
q. "Mental hospital" means, for the purposes of the payment and maintenance provisions of Title 30 of the Revised Statutes, a psychiatric facility.
r. "Mental illness" means a current, substantial disturbance of thought, mood, perception or orientation which significantly impairs judgment, capacity to control behavior or capacity to recognize reality, but does not include simple alcohol intoxication, transitory reaction to drug ingestion, organic brain syndrome, dementia, or intellectual or developmental disability [unless it results in the severity of impairment described herein]. The term mental illness [is not limited to "psychosis" or "active psychosis," but shall include all conditions that result in the severity of impairment described herein] shall not exclude a disturbance that meets this definition if there also is a co-occurring dementia, intellectual disability, or substance use disorder diagnosis.
s. "Patient" means a person over the age of 18 who has been admitted to, but not discharged from a short-term care or psychiatric facility, or who has been assigned to, but not discharged from an outpatient treatment provider.
t. "Physician" means a person who is licensed to practice medicine in any one of the United States or its territories, or the District of Columbia.
u. "Psychiatric facility" means a State psychiatric hospital listed in R.S.30:1-7, a county psychiatric hospital, or a psychiatric unit of a county hospital.
v. "Psychiatrist" means a physician who has completed the training requirements of the American Board of Psychiatry and Neurology.
w. "Psychiatric unit of a general hospital" means an inpatient unit of a general hospital that restricts its services to the care and treatment of persons with mental illness who are admitted on a voluntary basis.
x. "Psychologist" means a person who is licensed as a psychologist by the New Jersey Board of Psychological Examiners.
y. "Screening certificate" means a clinical certificate executed by a psychiatrist or other physician affiliated with a screening service.
z. "Screening service" means a public or private ambulatory care service designated by the commissioner, which provides mental health services including assessment, emergency and referral services to persons with mental illness in a specified geographic area.
aa. "Screening outreach visit" means an evaluation provided by a mental health screener wherever the person may be when clinically relevant information indicates the person may need involuntary commitment to treatment and is unable or unwilling to come to a screening service.
bb. "Short-term care facility" means an inpatient, community based mental health treatment facility which provides acute care and assessment services to a person with mental illness whose mental illness causes the person to be dangerous to self or dangerous to others or property. A short-term care facility is so designated by the commissioner and is authorized by the commissioner to serve persons from a specified geographic area. A short-term care facility may be a part of a general hospital or other appropriate health care facility and shall meet certificate of need requirements and shall be licensed and inspected by the Department of Health [and Senior Services] pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) and in accordance with standards developed jointly with the Commissioner of Human Services.
cc. "Special psychiatric hospital" means a public or private hospital licensed by the Department of Health [and Senior Services] to provide voluntary and involuntary mental health services, including assessment, care, supervision, treatment and rehabilitation services to persons with mental illness.
dd. "Treatment team" means one or more persons, including at least one psychiatrist or physician, and may include a psychologist, social worker, nurse and other appropriate services providers. A treatment team provides mental health services to a patient of a screening service, outpatient treatment provider, or short-term care or psychiatric facility.
ee. "Voluntary admission" means that an adult with mental illness, whose mental illness causes the person to be dangerous to self or dangerous to others or property and is willing to be admitted to a facility voluntarily for care, needs care at a short-term care or psychiatric facility because other facilities or services are not appropriate or available to meet the person's mental health needs. A person may also be voluntarily admitted to a psychiatric facility if his mental illness presents a substantial likelihood of rapid deterioration in functioning in the near future, there are no appropriate community alternatives available and the psychiatric facility can admit the person and remain within its rated capacity.
ff. "County adjuster" means the person appointed pursuant to R.S.30:4-34.
gg. "Least restrictive environment" means the available setting and form of treatment that appropriately addresses a person's need for care and the need to respond to dangers to the person, others or property and respects, to the greatest extent practicable, the person's interests in freedom of movement and self-direction.
hh. "Outpatient treatment" means clinically appropriate care based on proven or promising treatments directed to wellness and recovery, provided by a member of the patient's treatment team to a person not in need of inpatient treatment. Outpatient treatment may include, but shall not be limited to, day treatment services, case management, residential services, outpatient counseling and psychotherapy, and medication treatment.
ii. "Outpatient treatment provider" means a community-based provider, designated as an outpatient treatment provider pursuant to section 8 of P.L.1987, c.116 (C.30:4-27.8), that provides or coordinates the provision of outpatient treatment to persons in need of involuntary commitment to treatment.
jj. "Plan of outpatient treatment" means a plan for recovery from mental illness approved by a court pursuant to section 17 of P.L.2009, c.112 (C.30:4-27.15a) that is to be carried out in an outpatient setting and is prepared by an outpatient treatment provider for a patient who has a history of responding to treatment. The plan may include medication as a component of the plan; however, medication shall not be involuntarily administered in an outpatient setting.
kk. "Reasonably foreseeable future" means a time frame that may be beyond the immediate or imminent, but not longer than a time frame as to which reasonably certain judgments about a person's likely behavior can be reached.
(cf: P.L.2009, c.112, s.2)
2. Section 5 of P.L.1987, c.116 (C.30:4-27.5) is amended to read as follows:
5. The commissioner shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) regarding a screening service and its staff that effectuate the following purposes and procedures:
a. A screening service shall serve as the facility in the public mental health care treatment system wherein a person believed to be in need of involuntary commitment to outpatient treatment, a short-term care facility, psychiatric facility or special psychiatric hospital undergoes an assessment to determine what mental health services are appropriate for the person and where those services may be most appropriately provided in the least restrictive environment.
The screening service may provide emergency and consensual treatment to the person receiving the assessment and may transport the person or detain the person up to 24 hours for the purposes of providing the treatment and conducting the assessment.
b. When a person is assessed by a mental health screener and involuntary commitment to treatment seems necessary, the screener shall provide, on a screening document prescribed by the division, information regarding the person's history and available alternative facilities and services that are deemed inappropriate for the person. When appropriate and available, and as permitted by law, the screener shall make reasonable efforts to gather information from the person's family or significant others for the purposes of preparing the screening document. If a psychiatrist, in consideration of this document and in conjunction with the psychiatrist's own complete assessment, concludes that the person is in need of commitment to treatment, the psychiatrist shall complete the screening certificate. The screening certificate shall be completed by a psychiatrist except in those circumstances where the division's contract with the screening service provides that another physician may complete the certificate.
Upon completion of the screening certificate, screening service staff shall determine, in consultation with the psychiatrist or another physician, as appropriate, the least restrictive environment for the appropriate treatment to which the person shall be assigned or admitted, taking into account the person's prior history of hospitalization and treatment and the person's current mental health condition. Screening service staff shall designate:
(1) inpatient treatment for the person [if he is immediately or imminently dangerous or if] when the person is in need of involuntary inpatient commitment, as defined in paragraph (2) of subsection m. of section 2 of P.L.1987, c.116 (C.30:4-27.2), and outpatient treatment is deemed inadequate to render the person unlikely to be dangerous to self, others or property within the reasonably foreseeable future; and
(2) outpatient treatment for the person when the person is in need of involuntary outpatient commitment, as defined in paragraph (3) of subsection m. of section 2 of P.L.1987, c.116 (C.30:4-27.2), and outpatient treatment is deemed sufficient to render the person unlikely to be dangerous to self, others or property [within the reasonably foreseeable future].
Factors to consider in making a determination pursuant to this paragraph include whether the person:
(a) has a history of lack of compliance with treatment;
(b) has demonstrated one or more acts of serious violent behavior to self, others or property;
(c) has threatened, or attempted harm, within the past 48 months; or
(d) is unlikely to voluntarily comply with treatment because of mental illness.
If the screening service staff determines that the person is in need of involuntary outpatient commitment to [outpatient] treatment, the screening service staff shall consult with an outpatient treatment provider to arrange, if possible, for an appropriate interim plan of outpatient treatment in accordance with section 9 of P.L.2009, c.112 (C.30:4-27.8a).
If a person has been admitted three times or has been an inpatient for 60 days at a short-term care facility during the preceding 12 months, consideration shall be given to not placing the person in a short-term care facility.
The person shall be admitted to the appropriate facility or assigned to the appropriate outpatient treatment provider, as appropriate for treatment, as soon as possible. Screening service staff are authorized to coordinate initiation of outpatient treatment or transport the person or arrange for transportation of the person to the appropriate facility.
c. If the mental health screener determines that the person is not in need of assignment or commitment to an outpatient treatment provider, or admission or commitment to a short-term care facility, psychiatric facility or special psychiatric hospital, the screener shall refer the person to an appropriate community mental health or social services agency or appropriate professional or inpatient care in a psychiatric unit of a general hospital.
d. A mental health screener shall make a screening outreach visit if the screener determines, based on clinically relevant information provided by an individual with personal knowledge of the person subject to screening, that the person may need involuntary commitment to treatment and the person is unwilling or unable to come to the screening service for an assessment.
e. If the mental health screener pursuant to this assessment determines that there is reasonable cause to believe that a person is in need of involuntary commitment to treatment, the screener shall so certify the need on a form prepared by the division.
(cf: P.L.2009, c.112, s.5)
3. Section 17 of P.L.2009, c.112 (C.30:4-27.15a) is amended to read as follows:
17. a. The court shall determine whether a patient who has been found to need continued involuntary commitment to treatment pursuant to section 15 of P.L.1987, c.116 (C.30:4-27.15) should be assigned to an outpatient setting or admitted to an inpatient setting for treatment, and shall issue the order authorizing such placement pursuant to section 15 of P.L.1987, c.116 (C.30:4-27.15), in accordance with this section. In determining the commitment placement, the court shall consider the least restrictive environment for the patient to receive clinically appropriate treatment that would ameliorate the danger posed by the patient and provide the patient with appropriate treatment.
b. If the court determines that the least restrictive environment for the patient to receive clinically appropriate treatment would be in an outpatient setting and that there is a likelihood of the patient responding to outpatient treatment, the court shall obtain from a designated outpatient treatment provider a proposed plan of outpatient treatment for the patient which the court shall review. The plan of outpatient treatment shall be approved by the court.
c. If the court determines that the least restrictive environment for the patient to receive clinically appropriate treatment would be in an inpatient setting, the court shall issue an order for admission to a psychiatric facility.
d. The court may enter a temporary order for involuntary outpatient commitment pursuant to P.L.1987, c.116 (C.30:4-27.1 et seq.), subject to an initial period of treatment in a short-term care facility, if the court determines that the following criteria are met:
(1) the patient at the time of the order is in need of involuntary inpatient commitment pursuant to paragraph (2) of subsection m. of section 2 of P.L.1987, c.116 (C.30:4-27.2);
(2) the patient has a history of stabilizing after a brief hospitalization; and
(3) an outpatient treatment provider has agreed to accept the patient for treatment and has submitted with the clinical certificates a proposed plan of outpatient treatment that is acceptable to the court.
The order shall further provide that the patient's commitment status shall convert to outpatient commitment when and if the patient's condition, in the discretion of the treating inpatient psychiatrist, improves so that the patient no longer meets the criteria for inpatient commitment but is still in need of commitment to treatment in an involuntary outpatient treatment program. The initial commitment date, for purposes of scheduling the hearing required pursuant to section 12 of P.L.1987, c.116 (C.30:4-27.12), shall be the date of admission to the inpatient facility.
The court also may enter an order to convert the patient's commitment status from involuntary outpatient commitment to involuntary inpatient commitment when and if the patient's condition, in the discretion of the treating outpatient psychiatrist, deteriorates such that the patient no longer can be sufficiently treated in an outpatient setting.
e. Between the time periods for periodic court review hearings pursuant to section 16 of P.L.1987, c.116 (C.30:4-27.16), the chief executive officer of a psychiatric facility may recommend changing the placement of the patient from an inpatient to outpatient setting, in order to ensure that the patient receives clinically appropriate treatment in the least restrictive environment. The chief executive officer of the facility shall require hospital staff to apply for the patient's admission to the outpatient treatment program and, if the patient is accepted, to create, with the outpatient treatment provider, a treatment plan with input from the patient, and notify the court of the recommendation for the change in placement. The court shall schedule a hearing within 10 days of the notice.
[e.] f. At the time the court sets the date for a hearing on the change in placement, notice of the hearing shall be served upon the patient, the patient's guardian, if any, the patient's next-of-kin, the patient's attorney and the county adjuster of the county in which the patient has legal settlement.
[f.] g. The provisions of section 14 of P.L.1987, c.116 (C.30:4-27.14) concerning patient rights at a hearing shall apply to the hearing pursuant to this subsection.
(cf: P.L.2009, c.112, s.17)
4. (New section) a. The Department of Law and Public Safety, in collaboration with the Department of Human Services, shall adopt or endorse a training curriculum for law enforcement officers concerning police interactions with persons with behavioral health issues, including persons who may have a mental illness, substance use disorder, or a co-occurring diagnosis of mental illness and substance use disorder.
b. The curriculum shall include information on the recognition of behavioral symptoms, as well as de-escalation and intervention techniques. The curriculum shall include, but need not be limited to, the following subjects:
(1) identification and recognition of different forms of behavioral health disorders or issues;
(2) techniques for law enforcement to intervene with, interview, de-escalate, and assess a person who may have such a disorder;
(3) issues relating to suicide and prevention techniques;
(4) recognition, identification, and understanding of the main effects of commonly prescribed prescription medications used to treat those who may have a behavioral health disorder;
(5) an overview of community resources and options for treatment, including identification of local resources;
(6) methods of determining appropriate treatment options and transfer thereto in collaboration with behavioral health entities; and
(7) standards utilized in New Jersey for involuntary commitment to inpatient and outpatient treatment.
c. The Attorney General
may issue guidelines or directives regarding the provision of this training to
law enforcement officers.
5. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill establishes a standard for involuntary commitment to outpatient treatment separate from inpatient treatment. It includes a requirement that adults with mental illness need outpatient care in the community because their mental illness, as demonstrated by recent acts, could, if untreated, deteriorate to the point of dangerousness to themselves, others, or property.
Factors to be considered by mental health screeners when recommending involuntary outpatient commitment under the bill include whether the person: has a history of lack of compliance with treatment; has demonstrated acts of serious violent behavior to self, others, or property; has threatened or attempted harm within the past four years; or is unlikely to voluntarily comply with treatment because of a mental illness.
The bill also sets forth criteria the court is required to meet to issue a temporary order for involuntary outpatient commitment after an initial period of treatment in a short-term care facility.
The bill further streamlines the transfer by the court of patients between involuntary inpatient and outpatient treatment care.
Finally, the bill requires the Department of Law and Public Safety, in collaboration with the Department of Human Services, to establish a training program for law enforcement officers to educate those most likely to encounter persons in crisis about police interactions with persons with behavioral health issues. The training program curriculum is to include information on identifying and recognizing different forms of behavioral health disorders or issues; techniques for intervening with, interviewing, de-escalating, and assessing a person who may have such a disorder; issues relating to suicide and prevention techniques; recognizing, identifying, and understanding the main effects of commonly prescribed prescription medications used to treat those who may have a behavioral health disorder; community resources and options for treatment, including identification of local resources; methods of determining appropriate treatment options; and standards utilized in New Jersey for involuntary commitment to inpatient and outpatient treatment.
