2005 Idaho Code - 66-317 — DEFINITIONS

                                  TITLE  66
                        STATE CHARITABLE INSTITUTIONS
                                  CHAPTER 3
                       HOSPITALIZATION OF MENTALLY ILL
    66-317.  DEFINITIONS. As used in this chapter, terms shall have the
following meanings:
    (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 or 20-520, 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, or committed pursuant to
section 16-1619 or  20-520, Idaho Code, and admitted to a facility for the
treatment of minors.
    (4)  "Licensed physician" means an individual licensed under the laws of
this state to practice medicine or a medical officer of the government of the
United States while in this state in the performance of his official duties.
    (5)  "Designated examiner" means a psychiatrist, psychologist, psychiatric
nurse, or social worker and such other mental health professionals as may be
designated in accordance with rules promulgated pursuant to the provisions of
chapter 52, title 67, Idaho Code, by the department of health and welfare. Any
person designated by the department director will be specially qualified by
training and experience in the diagnosis and treatment of mental or mentally
related illnesses or conditions.
    (6)  "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.
    (7)  "Facility" means any public or private hospital, sanatorium,
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 to provide care or treatment, or
both, for the mentally ill.
    (8)  "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.
    (9)  "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.
    (10) "Supervised residential facility" means a facility, other than the
individual's home, in which the individual lives and in which there lives, 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.
    (11) "Likely to injure himself or others" means either:
    (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 which has caused
    such harm or which places another person or persons in reasonable fear of
    sustaining such harm.
    (12) "Mentally ill" means a person, who as a result of a substantial
disorder of thought, mood, perception, orientation, or memory, which grossly
impairs judgment, behavior, capacity to recognize and adapt to reality,
requires care and treatment at a facility.
    (13) "Gravely disabled" means a person who, as the result of mental
illness, is in danger of serious physical harm due to the person's inability
to provide for any of his basic needs for nourishment, or essential medical
care, or shelter or safety.
    (14) "Outpatient commitment" means a court order directing a person to
comply with specified mental health treatment requirements, not involving the
continuous supervision of a person in an inpatient setting, that are
reasonably designed to alleviate or to reduce a person's illness or
disability, or to maintain or prevent deterioration of the person's mental or
emotional functioning. The specified requirements may include, but need not be
limited to, taking prescribed medication, reporting to a facility to permit
monitoring of the person's condition, or participating in individual or group
therapy or in educational or vocational programs. Outpatient commitment may be
up to one (1) year.
    (15) "Protection and advocacy system" means the agency designated by the
governor as the state protection and advocacy system pursuant to 42 U.S.C.
section 15043 and 42 U.S.C. sections 10801 et seq.