2025 Competency & Health Care Bills.

HB 39 Correctional Health Amendments requires the Department of Health and Human Services to contract with a telehealth psychiatric consultation provider to provide consultation services to staff responsible for inmates' psychiatric care. It also requires the DOC and a local mental health authority to cooperate to have certain offenders assessed for available community-based services, and to take steps to connect an offender to appropriate community-based services. An earlier version of the bill would have directed DHHS to prepare and implement a plan for providing opioid use disorder treatment to all inmates who suffer from opioid use disorder, but this was left out of the final version, likely due to budget constraints.

HB 56 Civil Commitment Modifications removes the requirement to notify the police officer when a patient is released from civil commitment and allows discharge information to be distributed online.

HB 167 Re-Entry Modifications expands on reentry and reintegration goals for the criminal justice system. It directs coordinating councils to adopt goals to connect those on probation or parole with resources (such as housing, employment, and treatment) and requires a local mental health authority to coordinate with the DOC when possible to provide continuous services to those on probation or parole. It expands on fresh start provisions, such as prohibiting a public employer from excluding an applicant from an initial interview for an expunged conviction or a juvenile arrest or for incarceration that was more than 5 years ago (reduced from 7 years). The bill also allows the DOC to procure or adopt technology to coordinate services with outside organizations involved in supporting individuals on probation or parole and creates a special revenue fund for DOC for reentry so they can accept donations.

HB 276 Civil Commitment Revisions does a slew of things in the commitment space, including: 

• providing that patients have the right to, at their request, postage, visitors (including attorneys, clergy, and peer specialists), nutrition, declarations of treatment, record sharing, phone calls, and personal clothing (and an explanation if any are denied)

• prohibiting retaliation against a patient for a grievance procedure

• requiring a designated examiner to conduct an examination by telehealth unless they determine that it was not sufficient the first time

• requiring a court to dismiss a petition for involuntary civil commitment if both examiners determine that the patient does not meet the criteria

• requiring a court to hold a remote hearing on an application for involuntary commitment unless there is good cause to hold it in person

• clarifying code around when people with an intellectual disability or related condition can be temporarily committed in emergencies and requires them to be notified immediately of their right to an attorney

• clarifying that a court can only order an initial competency evaluation for defendants located within the state

• providing that when there is a conflict in the opinions of forensic evaluators, if a party seeks an additional competency evaluation then the party is responsible for selecting and paying the evaluator

• removing the six month time period from the requirement for the department to provide an updated juvenile competency evaluation after the attainment period

• shortening the time period that DHHS is required to notify prosecution of the release of the committed individual from 60 days to 15 days

• requiring prosecutors to notify the department within 15 days of the notice to release if they intend to refile charges. If the case is refiled and competency is raised again, the department is required to delay release until after the competency proceedings. 

We have been involved in competency and commitment legislation for several years and were supportive of this legislation.

HB 347 Social Services Program Amendments amends provisions regarding atypical anti-psychotic, psychotropic drugs, and the Medicaid preferred drug list and requires the Division of Integrated Healthcare to certify case managers.

HB 491 Behavioral Health Modifications requires the Department of Public Safety to survey all law enforcement agencies in the state and publish a publicly searchable registry of whether an agency is or is not available to receive a voluntarily committed firearm in accordance with safe harbor provisions. It also requires a behavioral health receiving center to comply with licensing requirements from the Department of Health and Human Services and allows DHHS to enact rules and assess and collect fees in relation to the licensing of behavioral health receiving centers.

SB 134 Health-Care Decisions Act Amendments provides that health-care professionals or health-care institutions acting in good faith are not subject to criminal liability for reasonable compliance or non-compliance with directives.