Senators YOUNG, TEDDER, and GARRETT proposes the following amendment (SR-862.QG0001S):
Amend the bill, as and if amended, SECTION 1, by striking Section 44-17-412(A) and inserting:
(A) Notwithstanding any other provision of law, a parent or legal guardian person listed in priority order pursuant to subsection (C) may exercise temporary decision-making authority for a period not exceeding forty-eight hours in regards to the matter of involuntary temporary commitment on behalf of an unmarried adult child during a verified medical or behavioral health crisis when the conditions in subsection (B) are satisfied.Amend the bill further, SECTION 1, by striking Section 44-17-412(B)(1) and (2) and inserting:
(1) a licensed physician determines that the adult individual is experiencing a medical or behavioral health crisis and is temporarily unable to make informed decisions regarding his care or safety; and(2) the parent or legal guardian person listed in priority order pursuant to subsection (C) is physically present with the adult individual during the crisis intervention or treatment.
(C) When the receiving or treatment facility selects a person to exercise temporary decision-making authority under this section, first preference shall be given to a legally appointed guardian or an appointed agent authorized to act under a durable or health care power of attorney. If the unmarried adult patient has not previously selected such an agent or the medical facility is not presented with written proof of such guardian or appointed agent, then the selection, except for good cause documented in the patient's clinical record, shall be made from the following list in the order of listing:
(1) a parent of the adult patient; or
(2) the adult child of the adult patient.
Amend the bill further, SECTION 1, by striking Section 44-17-412(C) and (D) and inserting:
(C)(D) Authority granted pursuant to this section is limited to decisions necessary to address the immediate crisis and may not extend beyond forty-eight hours from the time of the physician's written determination unless a new determination is made by a licensed physician. If a subsequent determination is made by the original licensed physician, the determination must be reviewed and confirmed by a second licensed physician who independently reaches the same determination.(D)(E) Nothing in this section authorizes a parent or legal guardian the person exercising temporary decision-making authority to exercise ongoing guardianship authority unless the person acting is the legally appointed guardian in fact or to override a valid advance directive executed by the adult individual.
(F) The procedure outlined herein for the initial forty-eight hours is an emergency alternative to that outlined in Section 44-17-410. After the initial forty-eight hours, the procedure under Section 44-17-410 must be followed.
Renumber sections to conform.
Amend title to conform.