Administrative Rule Review Report  #AR11-027

Legislative Service Office

20-Jun-11

AGENCY: Department of Health.

DATE SUBMITTED: June 17, 2011.

SUBJECT: Chapter 7, Designation of Hospitals.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 25-10-104

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:       Wyoming involuntary commitment statutes, W.S. 25-10-101 through 25-10-305, direct the Department of Health to adopt standards and procedures for the designation of hospitals or other treatment facilities that will provide emergency treatment to persons detained as potentially mentally ill and a danger to self or others.  This rule amends the Department's rules, last revised in May, 2010, to require a hospital to report to the court when the patient no longer meets the statutory requirements for emergency detention or involuntary hospitalization. The amendment also requires re-evaluation of patients initially at three months, then at six-month intervals, with appropriate reports to the court and the person responsible for the patient's care.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:        That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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David K. Gruver

Assistant Administrator

GWL/