Effective - 28 Aug 2018, 3 histories
632.005. Definitions. — As used in chapter 631 and this chapter, unless the context clearly requires otherwise, the following terms shall mean:
(1) "Comprehensive psychiatric services", any one, or any combination of two or more, of the following services to persons affected by mental disorders other than intellectual disabilities or developmental disabilities: inpatient, outpatient, day program or other partial hospitalization, emergency, diagnostic, treatment, liaison, follow-up, consultation, education, rehabilitation, prevention, screening, transitional living, medical prevention and treatment for alcohol abuse, and medical prevention and treatment for drug abuse;
(2) "Council", the Missouri advisory council for comprehensive psychiatric services;
(3) "Court", the court which has jurisdiction over the respondent or patient;
(4) "Division", the division of comprehensive psychiatric services of the department of mental health;
(5) "Division director", director of the division of comprehensive psychiatric services of the department of mental health, or his designee;
(6) "Head of mental health facility", superintendent or other chief administrative officer of a mental health facility, or his designee;
(7) "Judicial day", any Monday, Tuesday, Wednesday, Thursday or Friday when the court is open for business, but excluding Saturdays, Sundays and legal holidays;
(8) "Licensed physician", a physician licensed pursuant to the provisions of chapter 334 or a person authorized to practice medicine in this state pursuant to the provisions of section 334.150;
(9) "Licensed professional counselor", a person licensed as a professional counselor under chapter 337 and with a minimum of one year training or experience in providing psychiatric care, treatment, or services in a psychiatric setting to individuals suffering from a mental disorder;
(10) "Likelihood of serious harm" means any one or more of the following but does not require actual physical injury to have occurred:
(a) A substantial risk that serious physical harm will be inflicted by a person upon his own person, as evidenced by recent threats, including verbal threats, or attempts to commit suicide or inflict physical harm on himself. Evidence of substantial risk may also include information about patterns of behavior that historically have resulted in serious harm previously being inflicted by a person upon himself;
(b) A substantial risk that serious physical harm to a person will result or is occurring because of an impairment in his capacity to make decisions with respect to his hospitalization and need for treatment as evidenced by his current mental disorder or mental illness which results in an inability to provide for his own basic necessities of food, clothing, shelter, safety or medical care or his inability to provide for his own mental health care which may result in a substantial risk of serious physical harm. Evidence of that substantial risk may also include information about patterns of behavior that historically have resulted in serious harm to the person previously taking place because of a mental disorder or mental illness which resulted in his inability to provide for his basic necessities of food, clothing, shelter, safety or medical or mental health care; or
(c) A substantial risk that serious physical harm will be inflicted by a person upon another as evidenced by recent overt acts, behavior or threats, including verbal threats, which have caused such harm or which would place a reasonable person in reasonable fear of sustaining such harm. Evidence of that substantial risk may also include information about patterns of behavior that historically have resulted in physical harm previously being inflicted by a person upon another person;
(11) "Mental health coordinator", a mental health professional who has knowledge of the laws relating to hospital admissions and civil commitment and who is authorized by the director of the department, or his designee, to serve a designated geographic area or mental health facility and who has the powers, duties and responsibilities provided in this chapter;
(12) "Mental health facility", any residential facility, public or private, or any public or private hospital, which can provide evaluation, treatment and, inpatient care to persons suffering from a mental disorder or mental illness and which is recognized as such by the department or any outpatient treatment program certified by the department of mental health. No correctional institution or facility, jail, regional center or developmental disability facility shall be a mental health facility within the meaning of this chapter;
(13) "Mental health professional", a psychiatrist, resident in psychiatry, psychiatric physician assistant, psychiatric assistant physician, psychiatric advanced practice registered nurse, psychologist, psychiatric nurse, licensed professional counselor, or psychiatric social worker;
(14) "Mental health program", any public or private residential facility, public or private hospital, public or private specialized service or public or private day program that can provide care, treatment, rehabilitation or services, either through its own staff or through contracted providers, in an inpatient or outpatient setting to persons with a mental disorder or mental illness or with a diagnosis of alcohol abuse or drug abuse which is recognized as such by the department. No correctional institution or facility or jail may be a mental health program within the meaning of this chapter;
(15) "Ninety-six hours" shall be construed and computed to exclude Saturdays, Sundays and legal holidays which are observed either by the court or by the mental health facility where the respondent is detained;
(16) "Peace officer", a sheriff, deputy sheriff, county or municipal police officer or highway patrolman;
(17) "Psychiatric advanced practice registered nurse", a registered nurse who is currently recognized by the board of nursing as an advanced practice registered nurse, who has at least two years of experience in providing psychiatric treatment to individuals suffering from mental disorders;
(18) "Psychiatric assistant physician", a licensed assistant physician under chapter 334 and who has had at least two years of experience as an assistant physician in providing psychiatric treatment to individuals suffering from mental health disorders;
(19) "Psychiatric nurse", a registered professional nurse who is licensed under chapter 335 and who has had at least two years of experience as a registered professional nurse in providing psychiatric nursing treatment to individuals suffering from mental disorders;
(20) "Psychiatric physician assistant", a licensed physician assistant under chapter 334 and who has had at least two years of experience as a physician assistant in providing psychiatric treatment to individuals suffering from mental health disorders or a graduate of a postgraduate residency or fellowship for physician assistants in psychiatry;
(21) "Psychiatric social worker", a person with a master's or further advanced degree from an accredited school of social work, practicing pursuant to chapter 337, and with a minimum of one year training or experience in providing psychiatric care, treatment or services in a psychiatric setting to individuals suffering from a mental disorder;
(22) "Psychiatrist", a licensed physician who in addition has successfully completed a training program in psychiatry approved by the American Medical Association, the American Osteopathic Association or other training program certified as equivalent by the department;
(23) "Psychologist", a person licensed to practice psychology under chapter 337 with a minimum of one year training or experience in providing treatment or services to mentally disordered or mentally ill individuals;
(24) "Resident in psychiatry", a licensed physician who is in a training program in psychiatry approved by the American Medical Association, the American Osteopathic Association or other training program certified as equivalent by the department;
(25) "Respondent", an individual against whom involuntary civil detention proceedings are instituted pursuant to this chapter;
(26) "Treatment", any effort to accomplish a significant change in the mental or emotional conditions or the behavior of the patient consistent with generally recognized principles or standards in the mental health professions.
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(L. 1980 H.B. 1724, A.L. 1985 S.B. 265, A.L. 1988 H.B. 971, A.L. 1996 S.B. 884 & 841, A.L. 2008 H.B. 1791 merged with S.B. 1081 merged with S.B. 1177, A.L. 2011 H.B. 555 merged with H.B. 648, A.L. 2018 H.B. 1719 merged with S.B. 660 merged with S.B. 718 merged with S.B. 951)
CROSS REFERENCE:
Definitions also applicable, 630.005
Structure Missouri Revised Statutes
Title XL - Additional Executive Departments
Chapter 632 - Comprehensive Psychiatric Services
Section 632.005 - Definitions.
Section 632.010 - Responsibilities, powers, functions and duties of division.
Section 632.015 - Division director to be chief administrative officer.
Section 632.025 - Services to be provided.
Section 632.030 - Department to develop state plan, contents.
Section 632.035 - Department director to establish regions.
Section 632.045 - Duties of regional advisory councils — plans — employment of staff.
Section 632.050 - Division to identify community-based services.
Section 632.055 - Division to provide services.
Section 632.060 - Department may establish outpatient clinics — cooperation with others.
Section 632.115 - Juveniles to be admitted by heads of facilities when committed.
Section 632.300 - Procedure when a likelihood of serious harm is alleged.
Section 632.312 - Transportation costs, sheriff may be reimbursed.
Section 632.315 - Copies of admission application to be furnished.
Section 632.320 - Time limits for certain procedures.
Section 632.325 - Information to be furnished to patient and others, when.
Section 632.330 - Additional detention and treatment may be requested — contents of petition.
Section 632.350 - Conduct of hearing — jury question — result.
Section 632.360 - Discharge of patient, when — procedure.
Section 632.365 - Where detention to take place.
Section 632.380 - Provisions of chapter not to apply to certain persons.
Section 632.400 - Reexamination of detained person.
Section 632.405 - Prosecutor's duties.
Section 632.410 - Venue — change of jurisdiction.
Section 632.420 - Certain examining physicians to be paid by state.
Section 632.435 - Habeas corpus.
Section 632.445 - No liability for petitioners.
Section 632.450 - Representation by attorney required — duties of attorney.
Section 632.455 - Patient, absent without permission, return may be requested, when.
Section 632.480 - Definitions.
Section 632.492 - Trial — procedure — assistance of counsel, right to jury, when.
Section 632.501 - Petition for release — hearing (when director approves).
Section 632.504 - Subsequent petitions for release — approval or denial procedures.
Section 632.507 - Attorney general to inform victims — notification of proceedings.
Section 632.510 - Release of information, when.
Section 632.513 - Sealed records of proceedings — access permitted, when.
Section 632.525 - Abrogation of case law, sexually violent offense definition.
Section 632.550 - Definitions.
Section 632.555 - Governing board for project, members, terms, duties.
Section 632.557 - Reports to governor and general assembly.