Sec. 704. Treatment standard under State law
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/bill/113/hr/3717/ih/section-704A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1915 of the Public Health Service Act ( 42 U.S.C. 300x–4 ) is amended by adding at the end the following: A funding agreement for a grant under section 1911 is that— the State involved has in effect a law under which, if a State court finds by clear and convincing evidence that an individual, as a result of mental illness, is a danger to self, is a danger to others, is persistently or acutely disabled, or is gravely disabled and in need of treatment, and is either unwilling or unable to accept voluntary treatment, the court must order the individual to undergo inpatient or outpatient treatment; or the State involved has in effect a law under which a State court must order an individual with a mental illness to undergo inpatient or outpatient treatment, the law was in effect on the date of enactment of the Helping Families in Mental Health Crisis Act of 2013 , and the Secretary finds that the law requires a State court to order such treatment across all or a sufficient range of the type of circumstances described in subparagraph (A).
For purposes of paragraph (1), the term persistently or acutely disabled refers to a serious mental illness that meets all the following criteria: If not treated, the illness has a substantial probability of causing the individual to suffer or continue to suffer severe and abnormal mental, emotional, or physical harm that significantly impairs judgment, reason, behavior, or capacity to recognize reality. The illness substantially impairs the individual’s capacity to make an informed decision regarding treatment, and this impairment causes the individual to be incapable of understanding and expressing an understanding of the advantages and disadvantages of accepting treatment and understanding and expressing an understanding of the alternatives to the particular treatment offered after the advantages, disadvantages, and alternatives are explained to that individual.
The illness has a reasonable prospect of being treatable by outpatient, inpatient, or combined inpatient and outpatient treatment. .
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- 42 USC 300x–4
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Sec. 704
Treatment standard under State law
Cite42 USC 300x–4
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