Amendment No. 53

 

Senate Amendment to Senate Bill No. 94                                                                           (BDR 39‑745)

Proposed by: Committee on Human Resources and Facilities

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 2, line 36, by deleting “medical facilities” and inserting:

type of medical facility”.

     Amend sec. 2, page 3, between lines 16 and 17, by inserting:

     “4.  A person, including, without limitation, a private agency or an employee of a private agency is immune from civil liability based upon any act or failure to act by the person in carrying out the provisions of this section, unless the act or failure to act was the result of the gross negligence or intentional or reckless misconduct of the person.

     5.  As used in this section, “secure detoxification unit” includes, without limitation, a detoxification unit in which the staff of the detoxification unit ensures the security of the detoxification unit.”.

     Amend sec. 6, page 4, line 26, after “458.097” by inserting “1.”.

     Amend sec. 6, page 4, line 32, by deleting “1.” and inserting “[1.] (a)”.

     Amend sec. 6, page 4, line 38, by deleting “2.” and inserting “[2.] (b)”.

     Amend sec. 6, page 4, line 39, by deleting “(a)” and inserting “(1)”.

     Amend sec. 6, page 4, line 42, by deleting “(b)” and inserting “(2)”.

     Amend sec. 6, page 5, line 1, by deleting “3.” and inserting “[3.] (c)”.

     Amend sec. 6, page 5, between lines 2 and 3, by inserting:

     “2.  As used in this section, “secure detoxification unit” has the meaning ascribed to it in section 2 of this act.”.

     Amend the bill as a whole by adding a new section designated sec. 8, following sec. 7, to read as follows:

     Sec. 8. This bill becomes effective upon passage and approval.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to health; requiring under certain circumstances that an allegedly mentally ill person be admitted to a medical facility other than a hospital before his emergency admission to a mental health facility; requiring the Division of Mental Health and Developmental Services of the Department of Human Resources to adopt regulations prescribing the appropriate type of medical facility; authorizing peace officers to deliver certain persons found in any public place under the influence of a controlled substance to certain facilities for observation and care; providing for the medical treatment of certain persons who are under the influence of a controlled substance who are arrested or taken into custody by a peace officer; providing that persons involved in certain acts relating to persons who are under the influence of a controlled substance who are arrested or taken into custody are immune from civil liability under certain circumstances; and providing other matters properly relating thereto.”.