Section 632.005

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 632

Effective - 28 Aug 2023, 4 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 or her designee;

  (6)  "Head of mental health facility", superintendent or other chief administrative officer of a mental health facility, or his or her 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 or her own person, as evidenced by recent threats, including verbal threats, or attempts to commit suicide or inflict physical harm on himself or herself.  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 or herself;

  (b)  A substantial risk that serious physical harm to a person will result or is occurring because of an impairment in his or her capacity to make decisions with respect to his or her hospitalization and need for treatment as evidenced by his or her current mental disorder or mental illness which results in an inability to provide for his or her own basic necessities of food, clothing, shelter, safety or medical care or his or her inability to provide for his or her 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 or her inability to provide for his or her 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 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;

  (12)  "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;

  (13)  "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;

  (14)  "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;

  (15)  "Peace officer", a sheriff, deputy sheriff, county or municipal police officer or highway patrolman;

  (16)  "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;

  (17)  "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;

  (18)  "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;

  (19)  "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;

  (20)  "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;

  (21)  "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;

  (22)  "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;

  (23)  "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;

  (24)  "Respondent", an individual against whom involuntary civil detention proceedings are instituted pursuant to this chapter;

  (25)  "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.

­­--------

(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, A.L. 2023 S.B. 106)

CROSS REFERENCE:

Definitions also applicable, 630.005