SENATE 3rd Reading Unamended February 2, 2009 SENATE 2nd Reading Unamended January 30, 2009First Regular Session Sixty-seventh General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 09-0256.01 Jane Ritter SENATE BILL 09-007 SENATE SPONSORSHIP Veiga, HOUSE SPONSORSHIP Riesberg, Senate Committees House Committees Judiciary A BILL FOR AN ACT Concerning making certain duties related to the involuntary commitment process for substance abusers solely the authority of a licensed physician. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Eliminates the provisions of law that were to become effective July 1, 2009, that would have authorized an advanced practice nurse to examine a person for whom involuntary commitment for drug or alcohol abuse is sought. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 25-1-311 (1), (3), and (10), Colorado Revised Statutes, as they will become effective July 1, 2009, are amended to read: 25-1-311. Involuntary commitment of alcoholics. (1) A person may be committed to the custody of the division by the court upon the petition of the person's spouse or guardian, a relative, a physician, an advanced practice nurse, the administrator in charge of any approved treatment facility, or any other responsible person. The petition shall allege that the person is an alcoholic and that the person has threatened or attempted to inflict or inflicted physical harm on himself or herself or on another and that unless committed the person is likely to inflict physical harm on himself or herself or on another or that the person is incapacitated by alcohol. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment. The petition shall be accompanied by a certificate of a licensed physician or advanced practice nurse who has examined the person within two days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the physician's or advanced practice nurse's findings in support of the allegations of the petition. (3) At the hearing the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician who has examined the person whose commitment is sought. The person shall be present unless the court believes that the person's presence is likely to be injurious to the person; in this event, the court shall appoint a guardian ad litem to represent the person throughout the proceeding. If the person has refused to be examined by a licensed physician, or advanced practice nurse he or she shall be given an opportunity to be examined by a court-appointed licensed physician. or advanced practice nurse. If the person refuses and there is sufficient evidence to believe that the allegations of the petition are true or if the court believes that more medical evidence is necessary, the court may commit the person to a licensed hospital for a period of not more than five days for a diagnostic examination. In such event, the court shall schedule a further hearing for final determination of commitment, in no event later than five days after the first hearing. (10) The court shall inform the person whose commitment or recommitment is sought of his or her right to contest the application, to be represented by counsel at every stage of any proceedings relating to the person's commitment and recommitment, and to have counsel appointed by the court or provided by the court if he or she wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for the person regardless of his or her wishes. The person whose commitment or recommitment is sought shall be informed of his or her right to be examined by a licensed physician of the person's choice. If the person is unable to obtain a licensed physician and requests examination by a physician, or advanced practice nurse, the court shall employ a licensed physician. or advanced practice nurse. SECTION 2. 25-1-1107 (1), (3), and (11), Colorado Revised Statutes, as they will become effective July 1, 2009, are amended to read: 25-1-1107. Involuntary commitment of drug abusers. (1) A person may be committed to the custody of the division by the court upon the petition of the person's spouse or guardian, a relative, a physician, an advanced practice nurse, the administrator in charge of any approved treatment facility, or any other responsible person. The petition shall allege that the person is a drug abuser and that the person has threatened or attempted to inflict or inflicted physical harm on himself or herself or on another and that unless committed the person is likely to inflict physical harm on himself or herself or on another or that the person is incapacitated by drugs. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment. The petition shall be accompanied by a certificate of a licensed physician or advanced practice nurse who has examined the person within ten days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination or an examination cannot be made of such person due to the person's condition. The certificate shall set forth the physician's or advanced practice nurse's findings in support of the allegations of the petition. (3) At the hearing the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician or advanced practice nurse who has examined the person whose commitment is sought. The person shall be present unless the court believes that the person's presence is likely to be injurious to the person; in this event, the court shall appoint a guardian ad litem to represent the person throughout the proceeding. If the person has refused to be examined by a licensed physician, or advanced practice nurse, he or she shall be given an opportunity to be examined by a court-appointed licensed physician. or advanced practice nurse. If the person refuses and there is sufficient evidence to believe that the allegations of the petition are true or if the court believes that more medical evidence is necessary, the court may commit the person to a licensed hospital or an approved public or private treatment facility for a period of not more than five days for a diagnostic examination. In such event, the court shall schedule a further hearing for final determination of commitment, in no event later than five days after the first hearing. (11) The court shall inform the person whose commitment or recommitment is sought of his or her right to contest the application, to be represented by counsel at every stage of any proceedings relating to the person's commitment and recommitment, and to have counsel appointed by the court or provided by the court if the person wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for the person regardless of the person's wishes. The person whose commitment or recommitment is sought shall be informed of his or her right to be examined by a licensed physician or advanced practice nurse of the person's choice. If the person is unable to obtain a licensed physician or advanced practice nurse and requests examination by a physician, or advanced practice nurse, the court shall employ a licensed physician. or advanced practice nurse. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.