632.005. Definitions. - Missouri Statutes

Definitions.

632.005. As used in chapter 631, RSMo, and this chapter, unless thecontext clearly requires otherwise, the following terms shall mean:

(1) "Comprehensive psychiatric services", any one, or any combinationof two or more, of the following services to persons affected by mentaldisorders other than mental retardation 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 preventionand treatment for drug abuse;

(2) "Council", the Missouri advisory council for comprehensivepsychiatric services;

(3) "Court", the court which has jurisdiction over the respondent orpatient;

(4) "Division", the division of comprehensive psychiatric services ofthe department of mental health;

(5) "Division director", director of the division of comprehensivepsychiatric services of the department of mental health, or his designee;

(6) "Head of mental health facility", superintendent or other chiefadministrative officer of a mental health facility, or his designee;

(7) "Judicial day", any Monday, Tuesday, Wednesday, Thursday orFriday when the court is open for business, but excluding Saturdays,Sundays and legal holidays;

(8) "Licensed physician", a physician licensed pursuant to theprovisions of chapter 334, RSMo, or a person authorized to practicemedicine in this state pursuant to the provisions of section 334.150, RSMo;

(9) "Licensed professional counselor", a person licensed as aprofessional counselor under chapter 337, RSMo, and with a minimum of oneyear training or experience in providing psychiatric care, treatment, orservices in a psychiatric setting to individuals suffering from a mentaldisorder;

(10) "Likelihood of serious harm" means any one or more of thefollowing but does not require actual physical injury to have occurred:

(a) A substantial risk that serious physical harm will be inflictedby a person upon his own person, as evidenced by recent threats, includingverbal threats, or attempts to commit suicide or inflict physical harm onhimself. Evidence of substantial risk may also include information aboutpatterns of behavior that historically have resulted in serious harmpreviously being inflicted by a person upon himself;

(b) A substantial risk that serious physical harm to a person willresult or is occurring because of an impairment in his capacity to makedecisions with respect to his hospitalization and need for treatment asevidenced by his current mental disorder or mental illness which results inan inability to provide for his own basic necessities of food, clothing,shelter, safety or medical care or his inability to provide for his ownmental health care which may result in a substantial risk of seriousphysical harm. Evidence of that substantial risk may also includeinformation about patterns of behavior that historically have resulted inserious harm to the person previously taking place because of a mentaldisorder or mental illness which resulted in his inability to provide forhis basic necessities of food, clothing, shelter, safety or medical ormental health care; or

(c) A substantial risk that serious physical harm will be inflictedby a person upon another as evidenced by recent overt acts, behavior orthreats, including verbal threats, which have caused such harm or whichwould place a reasonable person in reasonable fear of sustaining such harm.Evidence of that substantial risk may also include information aboutpatterns of behavior that historically have resulted in physical harmpreviously being inflicted by a person upon another person;

(11) "Mental health coordinator", a mental health professional whohas knowledge of the laws relating to hospital admissions and civilcommitment and who is authorized by the director of the department, or hisdesignee, to serve a designated geographic area or mental health facilityand who has the powers, duties and responsibilities provided in thischapter;

(12) "Mental health facility", any residential facility, public orprivate, or any public or private hospital, which can provide evaluation,treatment and, inpatient care to persons suffering from a mental disorderor mental illness and which is recognized as such by the department or anyoutpatient treatment program certified by the department of mental health.No correctional institution or facility, jail, regional center or mentalretardation facility shall be a mental health facility within the meaningof this chapter;

(13) "Mental health professional", a psychiatrist, resident inpsychiatry, psychologist, psychiatric nurse, licensed professionalcounselor, or psychiatric social worker;

(14) "Mental health program", any public or private residentialfacility, public or private hospital, public or private specialized serviceor public or private day program that can provide care, treatment,rehabilitation or services, either through its own staff or throughcontracted providers, in an inpatient or outpatient setting to persons witha mental disorder or mental illness or with a diagnosis of alcohol abuse ordrug abuse which is recognized as such by the department. No correctionalinstitution or facility or jail may be a mental health program within themeaning of this chapter;

(15) "Ninety-six hours" shall be construed and computed to excludeSaturdays, Sundays and legal holidays which are observed either by thecourt or by the mental health facility where the respondent is detained;

(16) "Peace officer", a sheriff, deputy sheriff, county or municipalpolice officer or highway patrolman;

(17) "Psychiatric nurse", a registered professional nurse who islicensed under chapter 335, RSMo, and who has had at least two years ofexperience as a registered professional nurse in providing psychiatricnursing treatment to individuals suffering from mental disorders;

(18) "Psychiatric social worker", a person with a master's or furtheradvanced degree from an accredited school of social work, practicingpursuant to chapter 337, RSMo, and with a minimum of one year training orexperience in providing psychiatric care, treatment or services in apsychiatric setting to individuals suffering from a mental disorder;

(19) "Psychiatrist", a licensed physician who in addition hassuccessfully completed a training program in psychiatry approved by theAmerican Medical Association, the American Osteopathic Association or othertraining program certified as equivalent by the department;

(20) "Psychologist", a person licensed to practice psychology underchapter 337, RSMo, with a minimum of one year training or experience inproviding treatment or services to mentally disordered or mentally illindividuals;

(21) "Resident in psychiatry", a licensed physician who is in atraining program in psychiatry approved by the American MedicalAssociation, the American Osteopathic Association or other training programcertified as equivalent by the department;

(22) "Respondent", an individual against whom involuntary civildetention proceedings are instituted pursuant to this chapter;

(23) "Treatment", any effort to accomplish a significant change inthe mental or emotional conditions or the behavior of the patientconsistent with generally recognized principles or standards in the mentalhealth 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)

CROSS REFERENCE:

Definitions also applicable, RSMo 630.005