T66CH3

Title 66 > T66CH3

Sections (33)

66-317

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-317. Definitions. As used in this chapter: (1) Department director means the director of the state department of health and welfare. (2) Voluntary patient means an individual admitted to a facility for evaluation pursuant to section 18-211 , Idaho Code, or admitted to a facility for observation, diagnosis, evaluation, care, or treatment pursuant to section 66-318 , Idaho Code. (3) Involuntary patient means an individual committed pursuant to section 18-212 , 66-329 , or 66-1201 , Idaho Code. (4) Designated examiner means an individual who meets the qualifications pursuant to section 66-323 , Idaho Code. (5) Dispositioner means a designated examiner employed by or under contract with the department of health and welfare and designated by the department director to determine the appropriate location for care and treatment of involuntary patients. (6) Facility means any public or private hospital, state hospital, institution, mental health center, or other organization designated in accordance with rules adopted by the board of health and welfare as equipped to initially hold, evaluate, rehabilitate, or provide care or treatment, or both, for the mentally ill. (7) Lacks capacity to make informed decisions about treatment means the inability, by reason of mental illness, to achieve a rudimentary understanding after conscientious efforts at explanation of the purpose, nature, and possible significant risks and benefits of treatment. (8) Inpatient treatment facility means a facility in which an individual receives medical and mental treatment for not less than a continuous twenty-four (24) hour period. (9) Supervised residential facility means a facility, other than the individual’s home, in which the individual lives and in which there live, or are otherwise on duty during the times that the individual’s presence is expected, persons who are employed to supervise, direct, treat, or monitor the individual. (10) Likely to injure himself or others means: (a) A substantial risk that physical harm will be inflicted by the proposed patient upon his own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on himself; or (b) A substantial risk that physical harm will be inflicted by the proposed patient upon another as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or (c) The proposed patient lacks insight into his need for treatment and is unable or unwilling to comply with treatment and, based on his psychiatric history, clinical observation or other clinical evidence, if he does not receive and comply with treatment, there is a substantial risk he will continue to physically, emotionally or mentally deteriorate to the point that he will, in the reasonably near future, inflict physical harm on himself or another person. (11) Mentally ill means a condition r

66-318

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-318. Authority to admit voluntary patients — Denial of admission. (1) The director of any facility or a practitioner granted admitting privileges pursuant to chapter 13, title 39 , Idaho Code, may admit as a voluntary patient the following persons for observation, diagnosis, evaluation, care or treatment of mental illness: (a) Any person who is eighteen (18) years of age or older; (b) Any individual fourteen (14) to eighteen (18) years of age who may apply to be admitted for observation, diagnosis, evaluation, care or treatment and the facility director will notify the parent, parents or guardian of the individual of the admission; a parent or guardian may apply for the individual’s release and the facility director will release the patient within three (3) days, excluding Saturdays, Sundays and legal holidays, of the application for discharge, unless the time period for diagnosis, evaluation, care or treatment is extended pursuant to section 66-320 , Idaho Code; (c) Any emancipated minor; (d) Any individual under fourteen (14) years of age upon application of the individual’s parent or guardian; (e) Any individual who lacks capacity to make informed decisions about treatment upon application of the individual’s guardian; or (f) Any individual confined for examination pursuant to section 18-211 , Idaho Code. (2) The director of any facility or a practitioner granted admitting privileges pursuant to chapter 13, title 39 , Idaho Code, must refuse admission to any applicant under this section whenever: (a) The applicant is determined not to be in need of observation, diagnosis, evaluation, care or treatment at the facility; (b) The applicant is determined to lack capacity to make informed decisions about treatment unless the application is made by a guardian with authority to consent to treatment; or (c) The applicant’s welfare or the welfare of society, or both, are better protected by the provisions of section 66-329 , Idaho Code. History: [66-318, added 1951, ch. 290, sec. 2, p. 622; am. 1959, ch. 207, sec. 2, p. 439; am. 1972, ch. 44, sec. 2, p. 67; am. 1973, ch. 173, sec. 2, p. 363; am. 1981, ch. 114, sec. 10, p. 175; am. 2004, ch. 23, sec. 9, p. 30; am. 2006, ch. 214, sec. 3, p. 647; am. 2017, ch. 278, sec. 2, p. 728; am. 2022, ch. 93, sec. 2, p. 264.]

66-319

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-319. Release of voluntary inpatients. The director of an inpatient facility shall release any person, admitted in accordance with the procedure outlined in section 66-318 , Idaho Code, whose continued care or treatment is no longer appropriate. If upon evaluation at the facility, it is determined that the patient is mentally ill and is likely to injure himself or others or is gravely disabled, the director of the facility shall institute appropriate judicial proceedings for continued care and treatment. In the case of persons confined pursuant to section 18-211 , Idaho Code, upon completion of the examination, the sheriff of the county from which the defendant was committed shall be notified and the defendant shall continue to be confined at the facility for transportation back to the county. In those cases of persons admitted upon the application of a guardian, those persons shall be released upon the termination of the guardian’s authority to consent to treatment. History: [66-319, added 1951, ch. 290, sec. 3, p. 622; am. 1959, ch. 207, sec. 3, p. 439; am. 1973, ch. 173, sec. 3, p. 363; am. 1981, ch. 114, sec. 11, p. 176; am. 2004, ch. 23, sec. 10, p. 30; am. 2022, ch. 93, sec. 3, p. 265.]

66-320

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-320. Right to release on application — Exceptions. (1) A voluntary patient admitted in accordance with the procedure outlined in section 66-318 , Idaho Code, who requests his release or whose release is requested, in writing, by his legal guardian, parent, spouse, or adult next of kin shall be released except that: (a) If the patient was admitted on his own application and the request for release is made by a person other than the patient, release may be conditioned upon the agreement of the patient thereto; (b) If the patient, by reason of his age, was admitted on the application of another person, his release prior to becoming sixteen (16) years of age may be conditioned upon the consent of his parent or guardian; or (c) If the director of the facility determines that the patient should be hospitalized under the provisions of this chapter, the patient may be detained up to three (3) days, excluding Saturdays, Sundays and legal holidays, for the purpose of examination by a designated examiner and the filing of an application for continued care and treatment. (2) Notwithstanding any other provision of this chapter, judicial proceedings authorized by this chapter shall not be commenced with respect to a voluntary patient unless release of the patient has been requested by himself or the individual who applied for his admission. (3) The date and time of any request for release under this section shall be entered in the patient’s clinical record. If the request for release is denied, the reasons for denial also shall be entered in the patient’s clinical record. (4) A patient admitted for examination pursuant to section 18-211 , Idaho Code, may not be released except for purposes of transportation back to the court ordering, or party authorizing, the examination. History: [66-320, added 1951, ch. 290, sec. 4, p. 622; am. 1973, ch. 173, sec. 4, p. 363; am. 1981, ch. 114, sec. 12, p. 177; am. 1986, ch. 84, sec. 2, p. 245; am. 2004, ch. 23, sec. 11, p. 31; am. 2022, ch. 93, sec. 4, p. 265.]

66-322

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-322. Appointment of guardian for individuals lacking capacity to make informed decisions about treatment — Judicial procedure. (1) Proceedings for the appointment of a guardian of a mentally ill person may be commenced by the filing of a written petition with a court of competent jurisdiction by a friend, relative, spouse or guardian of the proposed patient, by a licensed physician, licensed clinical psychologist, prosecuting attorney, or other public official of a municipality, county or of the state of Idaho, or by the director of any facility in which such patient may be. (2) The petition shall state the name and last known address of the proposed patient; the name and address of either the spouse, next of kin or friend of the proposed patient; whether a guardian of the proposed patient has been previously appointed under the laws of this or any other state and, if so, the name and address of the guardian and the circumstances of such appointment; and a precise statement showing that the proposed patient is mentally ill, that treatment is available for such illness, and that the proposed patient lacks capacity to make informed decisions about treatment. (3) Any such petition shall be accompanied by a certificate of a licensed physician or licensed clinical psychologist stating that the physician or psychologist has personally examined the proposed patient within the last fourteen (14) days and is of the opinion: (a) That the proposed patient is mentally ill; (b) That in the absence of treatment the immediate prognosis is for major distress of the proposed patient which will result in serious mental or physical deterioration of the proposed patient; (c) That treatment is available which is likely to avoid serious mental or physical deterioration of the proposed patient; and (d) That the proposed patient lacks capacity to make informed decisions about treatment; or by a written statement by the physician or psychologist that the proposed patient has refused to submit to an examination. (4) Upon receipt of a petition, the court shall within forty-eight (48) hours appoint a senior designated examiner to make a personal examination of the proposed patient, or if the proposed patient has not been examined, the court shall appoint two (2) senior designated examiners to make individual personal examinations of the proposed patient and may order the proposed patient to submit to an immediate examination. Within seventy-two (72) hours of the signing of the order for involuntary hospitalization, the senior designated examiner shall examine the patient and file with the court certificates described in subsection (3) of this section, if necessary. (5) Upon receipt of such petition and certificates, the court shall appoint a time and place for hearing not more than five (5) days from receipt of such certificates and thereupon give written notice to the proposed patient. The

66-323

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-323. designated examiner qualifications. (1) To be appointed and practice as a designated examiner, an applicant shall meet the qualifications required by this section. (2) A designated examiner shall maintain professional licensure for the duration of the designated examiner’s appointment and shall be one (1) of the following: (a) A physician; (b) A psychologist; (c) An advanced practice registered nurse; (d) A clinical professional counselor; (e) A professional counselor; (f) A clinical social worker; (g) A social worker who holds a master’s of social work degree; (h) A marriage and family therapist; (i) A physician assistant; (j) A psychiatrist; or (k) A psychiatric nurse. (3) A designated examiner shall have at least two (2) years of post-degree experience in a clinical mental health setting and: (a) Experience in the assessment of the likelihood of danger to self or others, grave disability, capacity to give informed consent, and capacity to understand legal proceedings; (b) Experience in the use of appropriate diagnostic criteria; (c) Experience in the treatment of mental health disorders, including knowledge of treatment modalities and experience applying treatment modalities in a clinical setting; and (d) An understanding of the differences between behavior due to mental illness that poses a substantial threat or risk of serious harm to self or others or that may result in grave disability and behavior that does not represent such a threat or risk. (4) A designated examiner shall have knowledge of and experience applying Idaho mental health law based on the training required pursuant to this section and: (a) Experience that demonstrates understanding of the judicial process and the conduct of commitment hearings; (b) Experience preparing reports for the court and testifying before a court of law and a demonstrated ability to provide the court with a complete oral and written evaluation that addresses the standards and questions set forth by law; and (c) Knowledge of a client’s legal rights. (5) A designated examiner shall have completed a minimum of six (6) hours of training on the role of designated examiners and the processes used in fulfilling the responsibilities of designated examiners and a minimum of four (4) additional hours observing a designated examiner conducting a designated examination. History: [66-323, added 2025, ch. 110, sec. 16, p. 585.]

66-323A

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-323A. designated examiner and dispositioner — appointment. (1) An applicant seeking an appointment or reappointment as a designated examiner or dispositioner shall: (a) Complete an application using forms approved by the department; and (b) Provide the department with verification of the applicant’s credentials, including: (i) How the applicant meets the requirements of this chapter; (ii) Documentation of current licensure; (iii) Evidence of completion of the required training pursuant to section 66-323 , Idaho Code, within sixty (60) days prior to the date of application; (iv) Evidence of a favorable recommendation from an authorized representative of the department; and (v) Documentation of a background check clearance completed within ninety (90) days of the date of the application. Applicants who are current employees of the department may use a previous background check clearance received through the applicant’s department employment. (2) The department shall notify each applicant in writing of the department’s decision within sixty (60) days of the date the completed application was received by the department. A provisional designation may be granted for individuals who meet all criteria and have submitted a background check application if no disqualifying crimes or relevant records are disclosed on the application. (3) Appointments shall expire two (2) years from the date of appointment, unless the appointee applies for, and is granted, a reappointment. A request for reappointment must be received by the department at least sixty (60) days prior to the expiration date of the previous appointment. (4) The department may deny, suspend, or revoke the appointment or reappointment of a designated examiner, a senior designated examiner, or a dispositioner: (a) Without prior notice when conditions exist that endanger the health or safety of any client; or (b) With prior notice for any of the following reasons: (i) Failure to comply with the provisions of this chapter; (ii) Failure to furnish data, information, or records as requested by the department; (iii) Revocation or suspension of the appointee’s license; (iv) Refusal to participate in a quality assurance process as requested by the department; (v) Inadequate knowledge or performance, as demonstrated by repeated substandard peer or quality assurance reviews; (vi) Misrepresentation by the appointee in the appointee’s application or required documents; (vii) A conflict of interest in which an appointee exploits the appointee’s position as a designated examiner, senior designated examiner, or dispositioner for personal benefit; (viii) A criminal, civil, or administrative determination that the appointee has committed fraud or gross negligence in the appointee’s capacity as a designated examiner, senior designated examiner, or dispositioner; (ix) The substantiated disposition of a child protection referral or adu

66-324

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-324. Authority to receive involuntary patients. The director of any facility, or a practitioner granted admitting privileges pursuant to chapter 13, title 39 , Idaho Code, is authorized to receive in the facility for observation, diagnosis, evaluation, care or treatment any individual: (1) Committed to the department director pursuant to section 18-212 or 66-329 , Idaho Code; (2) Transferred pursuant to section 66-1201 , Idaho Code; or (3) Detained or transferred pursuant to section 66-326 , Idaho Code. History: [(66-324) 66-325, added 1951, ch. 290, sec. 9, p. 622; am. 1959, ch. 207, sec. 6, p. 439; am. 1973, ch. 173, sec. 7, p. 363; am. and redesig. 1981, ch. 114, sec. 14, p. 180; am. 1986, ch. 84, sec. 3, p. 245; am. 2001, ch. 107, sec. 22, p. 371; am. 2005, ch. 391, sec. 60, p. 1317; am. 2006, ch. 214, sec. 4, p. 647; am. 2015, ch. 244, sec. 39, p. 1029; am. 2017, ch. 278, sec. 3, p. 729; am. 2022, ch. 93, sec. 6, p. 268.]

66-325

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-325. Residence not affected by place of treatment. For purposes of this chapter, the terms residence, residing, or resides shall refer to the place where the mentally ill person lives. None of the time spent in any facility shall be regarded as contributing toward, or acquiring, residence for any purpose. History: [66-325, added 1981, ch. 114, sec. 15, p. 180.]

66-326

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-326. Detention without hearing. (1) No person shall be taken into custody or detained as an alleged emergency patient for observation, diagnosis, evaluation, care or treatment of mental illness unless and until the court has ordered such apprehension and custody under the provisions outlined in section 66-329 , Idaho Code; provided, however, that a person may be taken into custody by a peace officer and placed in a facility, or the person may be detained at a hospital at which the person presented or was brought to receive medical or mental health care, if the peace officer or a physician medical staff member of such hospital or a physician’s assistant or advanced practice registered nurse practicing in such hospital has reason to believe that the person is gravely disabled due to mental illness or the person’s continued liberty poses an imminent danger to that person or others, as evidenced by a threat of substantial physical harm; provided, under no circumstances shall the proposed patient be detained in a nonmedical unit used for the detention of individuals charged with or convicted of penal offenses. For purposes of this section, the term peace officer shall include state probation and parole officers exercising their authority to supervise probationers and parolees. Whenever a person is taken into custody or detained under this section without court order, the evidence supporting the claim of grave disability due to mental illness or imminent danger must be presented to a duly authorized court within twenty-four (24) hours from the time the individual was placed in custody or detained. (2) If the court finds the individual to be gravely disabled due to mental illness or imminently dangerous under subsection (1) of this section, the court shall issue a temporary custody order requiring the person to be held in a facility, and requiring an examination of the person by a designated examiner within twenty-four (24) hours of the entry of the order of the court. Under no circumstances shall the proposed patient be detained in a nonmedical unit used for the detention of individuals charged with or convicted of penal offenses. (3) Where an examination is required under subsection (2) of this section, the designated examiner shall make his findings and report to the court within twenty-four (24) hours of the examination. (4) If the designated examiner finds, in his examination under this section, that the person is mentally ill, and either is likely to injure himself or others or is gravely disabled due to mental illness, the prosecuting attorney shall file, within twenty-four (24) hours of the examination of the person, a petition with the court requesting the patient’s detention pending commitment proceedings pursuant to the provisions of section 66-329 , Idaho Code. Upon the receipt of such a petition, the court shall order his detention to await hearing which sha

66-327

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-327. Responsibility for costs of commitment and care of patients. (1) For purposes of this section: (a) Commitment period begins when a court of competent jurisdiction enters an order committing a person to the custody of the department of health and welfare pursuant to section 66-329 , Idaho Code, and ends when the commitment is terminated. (b) Extraordinary medical care means emergency or extraordinary medical treatment, including but not limited to a neurological evaluation, a computed tomography scan, or surgery. (c) Precommitment period begins when a person is taken into custody or detained as allowed by section 66-326 , Idaho Code, or when an application for involuntary care and treatment is filed with a court pursuant to section 66-329 , Idaho Code, whichever occurs first, and ends when the person is released from a facility as described in section 66-326 (4), Idaho Code, or when, in a proceeding under section 66-329 , Idaho Code, the court dismisses the application or enters an order committing the person to the custody of the department director. (d) Psychiatric care includes psychological and psychiatric examination and testing, group and individual therapy, and psychiatric treatment and medication. (e) Routine medical care includes care that can be provided at a facility of the department of health and welfare and hospital costs, including routine board, room, and support services. (f) Third-party applicant means a person other than a patient who completes, signs, and files an application for medicaid on behalf of the patient. A third-party applicant may be an adult who is a member of the patient’s family or household, the patient’s authorized representative, or, if the patient is incapacitated, someone, including an agent of a facility, who is acting responsibly for the patient. (2) Costs associated with the precommitment period and commitment period shall be the responsibility of the person committed or being considered for commitment, subject to the department of health and welfare’s determination of the person’s ability to pay all or any part of such costs. During the precommitment period, the department shall: (a) Use the state-approved fee determination form and sliding fee schedule described in rules promulgated by the department to determine the person’s ability to pay; (b) Inquire to determine if the person has insurance, including medical assistance provided under the state plan for medicaid as authorized by title XIX of the social security act, as amended; and (c) Report its findings to the court. (3) The court may order a person to pay costs consistent with this section. (4) To the extent possible, psychiatric costs and the costs of routine and extraordinary medical care incurred during precommitment and commitment periods shall be assigned to a person’s health insurance, including medical assistance provided under the state plan for medicai

66-328

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-328. Jurisdiction of proceedings for commitment. Proceedings for the care of mentally ill persons shall be had in the district court of the county where the person to be treated resides or in the district court of any other county of this state where such person is found. History: [66-328, as added by 1961, ch. 165, sec. 1, p. 255; am. 1973, ch. 173, sec. 8, p. 363; am. 1974, ch. 165, sec. 7, p. 1405; am. 1981, ch. 114, sec. 17, p. 181; am. 2008, ch. 331, sec. 2, p. 912.]

66-329

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-329. Commitment to department director upon court order — Judicial procedure. (1) Proceedings for the involuntary care and treatment of mentally ill persons by the department of health and welfare may be commenced by the filing of a written application with a court of competent jurisdiction by a friend, relative, spouse or guardian of the proposed patient, by a licensed physician, by a physician assistant or advanced practice registered nurse practicing in a hospital, by a prosecuting attorney or other public official of a municipality, county or of the state of Idaho, or by the director of any facility in which such patient may be. (2) The application shall state the name and last known address of the proposed patient; the name and address of the spouse, guardian, next of kin, or friend of the proposed patient; whether the proposed patient can be cared for privately in the event commitment is not ordered; whether the proposed patient is, at the time of the application, a voluntary patient; whether the proposed patient has applied for release pursuant to section 66-320 , Idaho Code; and a simple and precise statement of the facts showing that the proposed patient is mentally ill and either likely to injure himself or others or is gravely disabled due to mental illness. (3) Any such application shall be accompanied by a certificate of a designated examiner stating that he has personally examined the proposed patient within the last fourteen (14) days and is of the opinion that the proposed patient is: (i) mentally ill; (ii) likely to injure himself or others or is gravely disabled due to mental illness; and (iii) lacks capacity to make informed decisions about treatment; or a written statement by the applicant that the proposed patient has refused to submit to examination by a designated examiner. (4) Upon receipt of an application for commitment, the court shall, within forty-eight (48) hours, appoint another designated examiner to make a personal examination of the proposed patient, or if the proposed patient has not been examined, the court shall appoint two (2) designated examiners to make individual personal examinations of the proposed patient and may order the proposed patient to submit to an immediate examination. If neither designated examiner is a physician, the court shall order a physical examination of the proposed patient. At least one (1) designated examiner shall be a senior designated examiner. The designated examiners shall report to the court their findings within the following seventy-two (72) hours as to the mental condition of the proposed patient and his need for custody, care, or treatment by a facility. The reports shall be in the form of written certificates that shall be filed with the court. The court may terminate the proceedings and dismiss the application without taking any further action in the event the reports of the designated exa

66-330

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-330. Transportation — Temporary detention — Notice. (1) After the dispositioner has designated the place of treatment, he shall notify the facility director of the disposition and of any medical, security, or behavioral needs of the committed patient. The department of health and welfare shall deliver the patient within forty-eight (48) hours to the designated facility. Whenever practicable, the individual may be accompanied by one (1) or more of his friends or relatives. (2) Pending his removal to the designated place of treatment, a patient taken into custody or ordered to be committed to the custody of the department director pursuant to this chapter may be detained in his home, a licensed foster home, or any other suitable facility under such reasonable conditions as the dispositioner may fix, but he shall not be detained in a nonmedical facility used for the detention of individuals charged with or convicted of penal offenses. The dispositioner shall take such reasonable measures to secure proper mental health care and treatment of an individual temporarily detained pursuant to this chapter. (3) The dispositioner shall notify the court, the patient’s attorney and either the patient’s spouse, guardian, adult next of kin or friend, of the facility to which the patient has been dispositioned. History: [(66-330) 66-331, added 1951, ch. 290, sec. 15, p. 622; am. 1959, ch. 207, sec. 9, p. 439; am. 1973, ch. 173, sec. 11, p. 363; am. 1974, ch. 165, sec. 10, p. 1405; am. and redesig. 1981, ch. 114, sec. 20, p. 186; am. 1991, ch. 210, sec. 3, p. 498; am. 2022, ch. 93, sec. 11, p. 274.]

66-331

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-331. Care and treatment in a federal facility. (a) If an involuntary patient committed pursuant to the provisions of section 66-329 , Idaho Code, is eligible for care or treatment by any agency of the United States, the department director or his designee, upon receipt of a certificate from such agency showing that facilities are available and that the involuntary patient is eligible for care and treatment therein, may authorize the involuntary patient to be placed in the custody of such agency for care and treatment. (b) Upon effecting any such transfer, the department director or his designee shall notify the committing court, the involuntary patient’s attorney and either the involuntary patient’s spouse, guardian, adult next of kin or friend, as stated on the order of commitment, of such transfer. Records pertaining to the involuntary patient shall be sent by the sending facility to the receiving facility as soon as possible. (c) When admitted to any facility pursuant to subsection (a) of this section, by any such agency within or without the state, the involuntary patient shall be subject to the rules and regulations of the agency. The chief officer of any facility operated by such agency shall, with respect to involuntary patients admitted to that facility pursuant to subsection (a) of this section, be vested with the same powers as the department director with respect to detention, custody, transfer, conditional release or discharge. Jurisdiction shall be retained in appropriate courts of this state at any time to inquire into the mental condition of an involuntary patient admitted to a facility pursuant to subsection (a) of this section and to determine the necessity for continuance of the person’s commitment, and every order of commitment issued pursuant to section 66-329 , Idaho Code, shall be so conditioned. (d) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to any agency of the United States, and any transfer of any committed person to any agency of the United States for care and treatment, shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order, or the entity effecting the transfer; and the courts of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of the person’s commitment, as is provided for persons committed by the courts of this state in subsection (c) of this section. Consent is hereby given to the application of the law of the committing state or the District of Columbia in respect to the authority of the chief officer of any facility o

66-333

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-333. Examination of newly admitted patients. Every patient committed to the custody of the department director pursuant to the provisions of section 66-329 , Idaho Code, and admitted to an inpatient facility shall receive a physical and mental health examination as soon as practicable after admission. History: [66-333, added 1951, ch. 290, sec. 17, p. 622; am. 1953, ch. 264, sec. 2, p. 455; am. 1959, ch. 207, sec. 11, p. 439; am. 1973, ch. 173, sec. 13, p. 363; am. 1974, ch. 165, sec. 12, p. 1405; am. 1981, ch. 114, sec. 22, p. 188.]

66-334

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-334. Transfer of patients between certain inpatient treatment facilities. (a) The department director or his designee may transfer, or authorize the transfer of, an involuntary patient from one inpatient treatment facility to another, if he determines that it would be consistent with the mental health needs of the patient to do so. Whenever a patient is transferred, written notice thereof shall be given to the patient’s attorney, either the patient’s spouse, guardian, adult next of kin or friend and the committing court. (b) Upon receipt of a certificate of an agency of any other state or private facility in any state, that facilities are available for the care or treatment of any patient committed or otherwise being cared for and treated pursuant to this chapter and that the patient is eligible for care or treatment in a facility of such agency, or if the patient or his next of kin or his guardian wish to have him cared for in some other facility, the department director or his designee may transfer him to such facility for care or treatment. Upon effecting any such transfer, the patient’s attorney, either the patient’s spouse, guardian, adult next of kin or friend and the committing court shall be immediately notified of such transfer. Any patient transferred as herein provided shall be deemed to be in the custody of such facility to the same extent and subject to the same limitations as if he had been ordered to be placed in its custody under section 66-329 , Idaho Code. (c) Records pertaining to the patient and retained by the sending facility shall be forwarded to the receiving facility within a reasonable time prior to or after the patient’s transfer. (d) Jurisdiction is retained in appropriate courts of this state at any time to inquire into the mental condition of any patient so transferred and to determine the necessity for continuance of the commitment. History: [66-334, added 1951, ch. 290, sec. 18, p. 622; am. 1959, ch. 207, sec. 12, p. 439; am. 1973, ch. 173, sec. 14, p. 363; am. 1974, ch. 165, sec. 13, p. 1405; am. 1981, ch. 114, sec. 23, p. 188.]

66-335

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-335. Commitment of mentally ill convicts. Mentally ill convicts may be received into said facilities in accordance with rules and regulations adopted by the board of health and welfare acting in conjunction with the state board of correction. History: [66-335, added 1951, ch. 290, sec. 19, p. 622; am. 1973, ch. 173, sec. 15, p. 363; am. 1981, ch. 114, sec. 24, p. 189.]

66-337

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-337. Review, termination of commitment and discharge of patients. (1) The department director or his designee shall as frequently as practicable but at least once at the end of the first ninety (90) days examine or cause to be examined every patient committed to his custody or admitted to an inpatient facility of the state of Idaho, and determine whether to conditionally release, discharge or terminate the commitment of the patient. If the patient has not been conditionally released, discharged, or had the commitment terminated a similar review shall be conducted every one hundred twenty (120) days thereafter. A report of each review and determination regarding an involuntary patient shall be sent to the committing court, prosecuting attorney of the county of commitment, if any, the patient’s attorney, and either the patient’s spouse, guardian, next of kin or friend. (2) The commitment of an involuntary patient shall be terminated if the patient no longer meets criteria under section 66-329 , Idaho Code; provided, that patients admitted under section 18-214 , Idaho Code, acquitted of criminal charges filed prior to July 1, 1982, on grounds of mental disease or defect, or committed pursuant to sections 18-212 (4) and 66-329 , Idaho Code, as unfit to proceed, may not be released from an inpatient facility unless seven (7) days before such release, the department director or his designee shall notify the committing court and prosecuting attorney of the contemplated release. (3) Upon notification of intention to release from an inpatient facility either a patient admitted under section 18-214 , Idaho Code, acquitted of criminal charges filed prior to July 1, 1982, on grounds of mental disease or defect, or committed pursuant to sections 18-212 (4) and 66-329 , Idaho Code, as unfit to proceed, and upon motion of an interested party or the court on its own motion, the court shall determine whether the conditions justifying such release exist. In making such determination, the court may order an independent examination of the patient. The cost of such independent examination must be borne by the party making the motion or, if indigent, the county having jurisdiction of the case. If no motion is made, the patient may be released according to the notice. (4) Section 18-214 , Idaho Code, shall remain in full force and effect for every individual previously acquitted pursuant to section 18-213 , Idaho Code. Section 18-214 , Idaho Code, as last amended by section 2, chapter 13, laws of 1977, which is placed here for reference only and is not a reenactment of section 18-214 , Idaho Code, and reads as follows: 18-214. Commitment of acquitted defendant — Conditional release — Revocation of release within five years. (1) When a defendant is acquitted on the ground of mental disease or defect excluding responsibility, the court shall order him to be committed to the custody of the

66-341

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-341. Exemptions from liability. No agency, public or private facility, nor an employee of a public or private facility, nor the superintendent, professional person in charge, or attending staff of any such facility, nor any public official performing functions necessary to the administration of this chapter, nor a peace officer responsible for detaining or transporting a person pursuant to this chapter, shall be civilly or criminally liable for detaining, failing to detain, diagnosing, transporting, treating or releasing a person pursuant to this chapter; provided that such duties were performed according to the procedures of this chapter in good faith and without gross negligence. History: [66-341, added 1981, ch. 114, sec. 29, p. 191; am. 2006, ch. 214, sec. 6, p. 649.]

66-343

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-343. Petition for reexamination of order of commitment. All patients committed pursuant to section 66-329 , Idaho Code, shall be entitled to a reexamination of the order for or conditions of his commitment on his own petition, or that of his legal guardian, parent, spouse, relative, attorney or friend, to the district court of the county in which the patient was committed or is found. Within three (3) years of the effective date of this act, the department shall petition for the reexamination of all patients committed pursuant to section 66-329 , Idaho Code, prior to the effective date of this act. Upon receipt of the petition the court shall determine whether the conditions justifying involuntary care and treatment continue to exist except that such proceedings shall not be required to be conducted if the petition is filed sooner than four (4) months after the issuance of the order of commitment or sooner than one (1) year after the filing of a previous petition under this section. History: [66-343, added 1951, ch. 290, sec. 27, p. 622; am. 1959, ch. 207, sec. 17, p. 439; am. 1973, ch. 173, sec. 21, p. 363; am. 1981, ch. 114, sec. 31, p. 192.]

66-344

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-344. Right to humane care and treatment. Every patient shall be entitled to humane care and treatment. History: [66-344, added 1951, ch. 290, sec. 28, p. 622; am. 1973, ch. 173, sec. 22, p. 363.]

66-345

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-345. Restraints and seclusion. Restraints shall not be applied to a patient nor shall a patient be secluded unless it is determined that such restraint or seclusion is necessary for the patient’s safety or for the safety of others. Every instance of a restraint or seclusion of a patient shall be documented in the clinical record of the patient. In addition, every instance of a restraint or seclusion shall be evaluated and the evaluation and reasons for such restraint or seclusion shall be made a part of the clinical record of the patient under the signature of a licensed physician or, as delegated through the bylaws of the hospital’s medical or professional staff, other practitioners licensed to practice independently. Whenever a peace officer deems it necessary to apply restraints to a patient while transporting the patient from one (1) facility to another and that restraint is against the medical advice of a licensed physician, the officer shall document the use of restraints in a report to be included in the clinical record. History: [66-345, added 1951, ch. 290, sec. 29, p. 622; am. 1973, ch. 173, sec. 23, p. 363; am. 1981, ch. 114, sec. 32, p. 192; am. 2001, ch. 339, sec. 1, p. 1201; am. 2014, ch. 111, sec. 1, p. 321.]

66-346

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-346. Right to communication and visitation — Exercise of civil rights. (a) Every patient shall have the following rights: (1) To communicate by sealed mail or otherwise, with persons, inside or outside the facility and to have access to reasonable amounts of letter writing material and postage; (2) To receive visitors at all reasonable times; (3) To wear his own clothes; to keep and use his own personal possessions including toilet articles; to keep and be allowed to spend a reasonable sum of his own money for canteen expenses and small purchases; to have access to individual storage space for his private use; (4) To refuse specific modes of treatment; (5) To be visited by his attorney or any employee of his attorney’s firm, or a representative of the state protection and advocacy system at any time; (6) To exercise all civil rights, including the right to dispose of property except property described in subsection (3) above, execute instruments, make purchases, enter into contractual relationships, and vote unless limited by prior court order; (7) To have reasonable access to all records concerning himself. (b) Notwithstanding any limitations authorized under this section on the right of communication, every patient shall be entitled to communicate by sealed mail with the court, if any, which ordered his commitment. (c) The director of a facility may deny a patient’s rights under this section, except that the rights enumerated in subsections (a)(5) and (a)(6) of this section, shall not be denied by the director of the facility under any circumstances. Only in cases of emergency or when a court has determined that a patient lacks capacity to make informed decisions about treatment, may the director of a facility deny a patient’s rights under subsection (a)(4) of this section. A statement explaining the reasons for any denial of a patient’s rights shall be immediately entered in his treatment record and if the patient has been committed pursuant to court order, copies of such statement shall be submitted to the committing court and sent to the patient’s spouse, guardian, adult next of kin or friend and attorney, if any. (d) A list of the foregoing rights shall be prominently posted in all facilities and brought to the attention of the patient by such means as the board of health and welfare shall designate. History: [66-346, added 1951, ch. 290, sec. 30, p. 622; am. 1973, ch. 173, sec. 24, p. 363; am. 1981, ch. 114, sec. 33, p. 192; am. 2004, ch. 315, sec. 2, p. 886.]

66-347

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-347. Writ of habeas corpus. Any individual detained pursuant to this act shall be entitled to the writ of habeas corpus upon proper petition by himself or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which he is detained. History: [66-347, added 1951, ch. 290, sec. 31, p. 622.]

66-348

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-348. Disclosure of information. All certificates, applications, records, and reports made for the purpose of this act and directly or indirectly identifying a patient or former patient or an individual whose involuntary assessment, detention or commitment is being sought under this act shall be kept subject to disclosure according to chapter 1, title 74 , Idaho Code; provided that such records may also be disclosed to any person: (1) If the individual identified, his attorney in fact for mental health care, or his legal guardian, if any, shall consent; or (2) If disclosure may be necessary to carry out any of the provisions of this act; or (3) If a court directs upon its determination that disclosure is necessary and that failure to make disclosure would be contrary to the public interest. History: [66-348, added 1951, ch. 290, sec. 32, p. 622; am. 1953, ch. 264, sec. 4, p. 455; am. 1973, ch. 173, sec. 25, p. 363; am. 1990, ch. 213, sec. 91, p. 553; am. 1998, ch. 77, sec. 1, p. 279; am. 2015, ch. 141, sec. 164, p. 510.]

66-349

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-349. Penalty for violation. Any person violating any provisions of sections 66-344 , 66-345 , 66-346 , 66-347 , or 66-348 shall be guilty of a misdemeanor and subject to a fine of not more than $500 and imprisonment for not more than one (1) year. History: [66-349, added 1951, ch. 290, sec. 33, p. 622.]

66-350

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-350. Detention pending judicial determination. Notwithstanding any other provision of this act, no patient with respect to whom proceedings for judicial commitment have been commenced shall be released or discharged during the pendency of such proceedings unless ordered by the court or a judge thereof upon the application of the patient, or his legal guardian, parent, spouse, or next of kin, or upon the report of the director of the facility that the patient may be discharged with safety. History: [66-350, added 1951, ch. 290, sec. 34, p. 622; am. 1973, ch. 173, sec. 26, p. 363.]

66-351

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-351. Repayment of money on discharge of patient. If, at the time of the discharge of a person from any facility, or after the death and burial of any person therein confined, there remain in the custody of the director of the facility any unexpended moneys paid for the support or maintenance of such person, they must, upon demand, be repaid to the person or his personal representative. History: [66-351, added 1951, ch. 290, sec. 35, p. 622; am. 1973, ch. 173, sec. 27, p. 363; am. 1981, ch. 114, sec. 34, p. 193.]

66-352

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-352. Money found on mentally ill persons — Disposition. Any moneys, or other things of value, found on the person of a mentally ill person at the time of proceedings for involuntary commitment must be certified to by the judge and sent with such person to the facility, there to be delivered to the director of the facility who shall hold said money in trust as provided in chapter 5 of title 66 , Idaho Code. All money received by or for a patient, voluntarily or involuntarily committed, while at the facility shall be placed in trust as provided in said chapter 5. History: [66-352, added 1951, ch. 290, sec. 36, p. 622, am. 1967, ch. 357, sec. 1, p. 1004; am. 1973, ch. 173, sec. 28, p. 363.]

66-354

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-354. Mentally ill person with assets sufficient to pay expenses — Liability of relatives. (1) When a mentally ill person has been admitted to a state facility voluntarily or involuntarily, the director of the facility may cause an inquiry to be made as to the financial circumstances of such person and of the relatives of such person legally liable for his or her support, and if it is found that such person or said relatives, legally liable for the support of the patient, are able to pay the expenses for commitment proceedings and the charges for the care and treatment of the patient in the facility, in whole or in part, it shall be the duty of the director of the facility to collect such expenses and such charges, and if necessary to institute in the name of the state, a civil suit against the person or persons liable therefor. (2) The following relatives shall be bound by law to provide for the expenses and charges for the commitment, care, and treatment of such mentally ill person referred to in this chapter: a spouse, the parent for his or her minor child or minor children, and the adult children for their parents. History: [66-354, added 1951, ch. 290, sec. 38, p. 622; am. 1973, ch. 173, sec. 30, p. 363; am. 1981, ch. 114, sec. 35, p. 193; am. 2022, ch. 93, sec. 13, p. 276.]

66-355

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-355. Appointment of guardian — Incompetency of mentally ill person requires separate proceedings — Liability for care and treatment costs. The incompetency of a mentally ill person shall be determined in the same manner that incompetency is determined in any other person and shall be a separate judicial proceeding. Any guardian appointed in the case of a mentally ill incompetent person, is subject to all the provisions of the general laws of the state of Idaho in relation to guardians and wards. Whenever a mentally ill person is receiving care and treatment in a facility in the event that incompetency is adjudicated and a guardian appointed, the court on determining the incompetency must inquire into the ability of the mentally ill person to pay for his or her expenses which arise in connection with his or her care and treatment, if any, transportation to the facility, court costs for incompetency proceedings, and for the care and treatment for such person for such time as he remains in such facility, and when there are sufficient assets in the hands of the guardian, the court may order a sale of property or such part thereof as may be necessary, and from the proceeds of such sale the guardian must pay for all expenses and reasonable charges for the patient’s care and treatment, or such part as it is possible to pay, to the director of the facility in which said mentally ill person is a patient. History: [66-355, added 1951, ch. 290, sec. 39, p. 622; am. 1973, ch. 173, sec. 31, p. 363.]

66-356

TITLE 66 STATE CHARITABLE INSTITUTIONS CHAPTER 3 HOSPITALIZATION OF MENTALLY ILL 66-356. Relief from firearms disabilities. (1) A court that: (a) Orders commitment pursuant to section 66-329 , Idaho Code; (b) Orders commitment or treatment pursuant to section 66-406 , Idaho Code; (c) Appoints a guardian pursuant to section 66-322 , Idaho Code, or section 15-5-304 , Idaho Code; (d) Appoints a conservator pursuant to section 15-5-407 (b), Idaho Code; (e) Appoints a guardian or conservator pursuant to section 66-404 , Idaho Code; or (f) Finds a defendant incompetent to stand trial pursuant to section 18-212 , Idaho Code, shall make a finding as to whether the subject of the proceeding is a person to whom the provisions of 18 U.S.C. 922(d)(4) and (g)(4) apply. If the court so finds, the clerk of the court shall forward a copy of the order to the Idaho state police, which in turn shall forward a copy to the federal bureau of investigation, or its successor agency, for inclusion in the national instant criminal background check system database. (2) A person who is subject to an order, including an appointment or finding described in subsection (1) of this section, may petition the magistrate division of the court that issued such order, or the magistrate division of the district court of the county where the individual resides, to remove the person’s firearms-related disabilities as provided in section 105(a) of P.L. 110-180. A copy of the petition for relief shall also be served on the director of the department of health and welfare and the prosecuting attorney of the county in which the original order, appointment or finding occurred, and such department and office may, as it deems appropriate, appear, support, object to and present evidence relevant to the relief sought by the petitioner. The court shall receive and consider evidence, including evidence offered by the petitioner, concerning: (a) The circumstances of the original order, appointment or finding; (b) The petitioner’s mental health and criminal history records, if any; (c) The petitioner’s reputation; and (d) Changes in the petitioner’s condition or circumstances relevant to the relief sought. The court shall grant the petition for relief if it finds by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. The petitioner may appeal a denial of the requested relief, and review on appeal shall be de novo. A person may file a petition for relief under this section no more than once every two (2) years. (3) When a court issues an order granting a petition for relief under subsection (2) of this section, the clerk of the court shall immediately forward a copy of the order to the Idaho state police, which in turn shall immediately forward a copy to the federal bureau of investigation, or its successor agency, for inclusion in the national instant cri