2018 -- H 7725 SUBSTITUTE A AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HEALTH AND SAFETY -- EMERGENCY COMMITMENT FOR DRUG

INTOXICATION

     Introduced By: Representatives Casey, Morin, Canario, Hull, and Jacquard

     Date Introduced: February 28, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 23-10.1 of the General Laws entitled "Emergency Commitment for

Drug Intoxication" is hereby amended by adding thereto the following sections:

     23-10.1-7. Substance abuse disorder.

     As used in §§ 23-10.1-7 through 23-10.1-8, the term "substance abuse disorder'' means

the chronic or habitual consumption or ingestion of drugs and intoxicating substance by a person

to the extent that:

     (1) Substantially injures the person's health or substantially interferes with the person's

social or economic functioning; or

     (2) The person has lost the power of self-control over the use of such drugs and

intoxicating substance.

     23-10.1-8. Seventy-two (72) hour hold for substance abuse disorder.

     (a) A physician who concentrates in diagnosing and/or treating persons with substance

abuse disorders and who while treating a person (hereinafter, the "respondent ) for substance

abuse, has reason to believe that the respondent is suffering from a substance abuse disorder and

presents a danger or threat of danger to themself, family, or others, if not treated for substance

abuse disorder, may issue a seventy-two (72) hour hold on the respondent for in-patient treatment

at a facility designed to provide in-patient treatment to persons with substance abuse disorders.

An order issued under this section shall be in writing and shall include the factual basis for the

finding that the respondent requires a seventy-two (72) hour hold pursuant to this section. To

issue an order for a seventy-two hour (72) hold, the physician must find that a respondent:

     (1) As a result of the use of a controlled substance, as defined or listed in the schedules of

the controlled substances act, 12 U.S.C. § 812 or in chapter 28 of title 21, is intoxicated to such an

extent that they are unconscious or have their judgment otherwise so impaired that they are

incapable of realizing and making a rational decision with respect to their need for treatment;

     (2) Is likely to injure himself or herself or others, which for purposes of this section

means the respondent:

     (i) Presents a substantial risk of physical harm to himself or herself as manifested by

behavior evidencing serious threats of, or attempts at, suicide, or by behavior that will result in

serious bodily harm; or

     (ii) Presents a substantial risk of physical harm to other persons as manifested by

behavior or threats evidencing homicidal or other violent behavior.

      (b) A family member of the respondent, or a first responder to the respondent, including

a member of the police, fire, or rescue unit (hereinafter a "first responder") who assisted in

bringing the respondent to the physician or the facility where the physician is treating the

respondent, may request the physician to issue such a hold, but no hold may be implemented

without an express written order from a physician as set forth in subsection (a) of this section.

     (c) Any police officer, emergency medical technician, rescue personnel, fire

department personnel, or any other person acting pursuant to §§ 23-10.1 -7 through 23-10.1-10

shall be immune from liability for exercising their discretion in securing and transporting the

substance abuser or intoxicated individual to a facility against their will, provided that such

person is acting in good faith and with the reasonable belief that the respondent is a substance

abuser or under the influence of a controlled substance to such a degree that the respondent is a

danger to the respondent's self or to others: and provided further, that excessive force shall not be

utilized by such person.

     23-10.1-9. Hearing to extend seventy-two (72) hour hold.

     (a) The physician issuing the order, a family member of the respondent, or a first

responder who is familiar with the respondent may petition the district court for the district

wherein the seventy-two (72) hour hold is being enforced for an extension of the hold of the

respondent. The petition shall state the petitioner's belief, including the factual basis therefor, that

the respondent is suffering from a substance abuse disorder and presents a danger or threat of

danger to themself, family, or others if the respondent does not continue to be treated for the

substance abuse disorder. These matters shall be given priority status on the district court’s

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calendar and shall be heard no later than seventy-two (72) hours after the commencement of the

hold on the respondent.

     (b) A respondent subject to a seventy-two (72) hour hold pursuant to § 23-10.1-8 shall be

informed both verbally and in writing if a petition has been filed to extend the hold. The

respondent shall be entitled to legal counsel. At the preliminary hearing in the district court, the

court shall serve a copy of the petition upon the respondent and advise the respondent of the

nature of the proceedings and of the respondent’s right to counsel. If the respondent is unable to

afford counsel, the court forthwith shall appoint the mental health advocate for the respondent.

     (c) The burden of proof on whether to extend a seventy-two (72) hour hold shall be on

the petitioning party. The standard of determining whether or not to impose the hold shall be clear

and convincing evidence. No extension shall be granted without medical testimony from a

treating physician as to the elements set forth in § 23-10.1-8(a).

     (d) The court may order the hold and treatment of the respondent to continue for a period

of up to thirty (30) days, and may, upon a motion and after hearing thereon, extend the time of

commitment for a period of up to another thirty (30) days. No involuntary commitment for

substance abuse disorder shall be extended more than two (2) times.

     (e) The provisions of § 23-10.1-5 shall not apply to a seventy-two (72) hour hold issued

pursuant to §§ 23-10.1-7 through 23-10.1-10.

     (f) If, at any time after the petition is filed, the court finds that there is no probable cause

to continue treatment or if the petitioner withdraws the petition, then the proceedings against the

respondent shall be dismissed.

     23-10.1-10. Seventy-two (72) hour holds to be in addition to other remedies.

     The authorization of and proceedings for a seventy-two (72) hour hold pursuant to §§ 23-

10.1-8 through 23-10.1.-10 shall not preclude the concurrent or subsequent filing of other actions

for involuntary commitment of substance abusers, including, but not limited to, actions brought

pursuant to §§ 23-10.1-4.1 and 40.1-5-7.

     23-10.1-11. Rules and regulations.

     The department of health shall promulgate rules and regulations to implement the

provisions of §§ 23-10.1-7 through 23-10.1-10.

     SECTION 2. This act shall take effect on January 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- EMERGENCY COMMITMENT FOR DRUG

INTOXICATION

***

     This act would authorize a seventy-two (72) hour hold to be ordered by a physician in

certain instances of substance abuse disorders. The hold could be continued beyond the seventy-

two (72) hour period if ordered by a district court judge.

     This act would take effect on January 1, 2019.

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