An Act To Improve Maine's Involuntary Commitment Processes
Maine Legislature, Session 126, LD 1738
Committee: Judiciary
Sponsors: MALABY, SANDERSON, SIROCKI
Amends: 34-B MRSA §3861, 34-B MRSA §3863, 34-B MRSA §3864, 34-B MRSA §3873-A, 34-B MRSA §3874

Legislative Document 
No. 1738 
H.P. 1244 
House of Representatives, January 21, 2014 
An Act To Improve Maine's Involuntary Commitment Processes 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MALABY of Hancock. 
Cosponsored by Representatives: SANDERSON of Chelsea, SIROCKI of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  34-B MRSA §3861, sub-§3, as amended by PL 2011, c. 657, Pt. DD, §§1 
to 4, is further amended to read: 
3.  Involuntary treatment.  Except for involuntary treatment ordered pursuant to the 
provisions of section 3864, subsection 7-A or emergency involuntary treatment 
authorized pursuant to subsection 4, involuntary treatment of a patient at a designated 
nonstate mental health institution or a state mental health institute who is an involuntarily 
committed patient under the provisions of this subchapter may be ordered and 
administered only in conformance with the provisions of this subsection.  For the 
purposes of this subsection, involuntary treatment is limited to medication for the 
treatment of mental illness and laboratory testing and medication for the monitoring and 
management of side effects. 
A.  If the patient's primary treating physician proposes a treatment that the physician, 
in the exercise of professional judgment, believes is in the best interest of the patient 
and if the patient lacks clinical capacity to give informed consent to the proposed 
treatment and the patient is unwilling or unable to comply with the proposed 
treatment, the patient’s primary treating physician shall request in writing a clinical 
review of the proposed treatment by a clinical review panel.  For a patient at a state 
mental health institute, the request must be made to the superintendent of the institute 
or the designee of the superintendent.  For a patient at a designated nonstate mental 
health institution, the request must be made to the chief administrative officer or the 
designee of the chief administrative officer.  The request must include the following 
information: 
(1)  The name of the patient, the patient’s diagnosis and the unit on which the 
patient is hospitalized; 
(2)  The date that the patient was committed to the institution or institute and the 
period of the court-ordered commitment; 
(3)  A statement by the primary treating physician that the patient lacks capacity 
to give informed consent to the proposed treatment.  The statement must include 
documentation of a 2nd opinion that the patient lacks that capacity, given by a 
professional qualified to issue such an opinion who does not provide direct care 
to the patient but who may work for the institute or institution; 
(4)  A description of the proposed course of treatment, including specific 
medications, routes of administration and dose ranges, proposed alternative 
medications or routes of administration, if any, and the circumstances under 
which any proposed alternative would be used; 
(5)  A description of how the proposed treatment will benefit the patient and 
ameliorate identified signs and symptoms of the patient's psychiatric illness; 
(6)  A listing of the known or anticipated risks and side effects of the proposed 
treatment and how the prescribing physician will monitor, manage and minimize 
the risks and side effects; 
(7)  Documentation of consideration of any underlying medical condition of the 
patient that contraindicates the proposed treatment; and 
(8)  Documentation of consideration of any advance health-care directive given 
in accordance with Title 18-A, section 5-802 and any declaration regarding 
medical treatment of psychotic disorders executed in accordance with section 
11001. 
B.  The provisions of this paragraph apply to the appointment, duties and procedures 
of the clinical review panel under paragraph A. 
(1)  Within one business day of receiving a request under paragraph A, the 
superintendent of a state mental health institute or chief administrative officer of 
a designated nonstate mental health institution or that person's designee shall 
appoint a clinical review panel of 2 or more licensed professional staff who do 
not provide direct care to the patient.  At least one person must be a professional 
licensed to prescribe medication relevant to the patient's care and treatment.  At 
the time of appointment of the clinical review panel, the superintendent of a state 
mental health institute or chief administrative officer of a designated nonstate 
mental health institution or that person's designee shall notify the following 
persons in writing that the clinical review panel will be convened: 
(a)  The primary treating physician; 
(b)  The commissioner or the commissioner's designee; 
(c)  The patient's designated representative or attorney, if any; 
(d)  The State's designated federal protection and advocacy agency; and 
(e)  The patient.  Notice to the patient must inform the patient that the clinical 
review panel will be convened and of the right to assistance from a lay 
advisor, at no expense to the patient, and the right to obtain an attorney at the 
patient's expense.  The notice must include contact information for requesting 
assistance from a lay advisor, who may be employed by the institute or 
institution, and access to a telephone to contact a lay advisor must be 
provided to the patient. 
(2)  Within 4 days of receiving a request under paragraph A and no less than 24 
hours before the meeting of the clinical review panel, the superintendent of a 
state mental health institute or chief administrative officer of a designated 
nonstate mental health institution or that person's designee shall provide notice of 
the date, time and location of the meeting to the patient's primary treating 
physician, the patient and any lay advisor or attorney. 
(3)  The clinical review panel shall hold the meeting and any additional meetings 
as necessary, reach a final determination and render a written decision ordering 
or denying involuntary treatment. 
(a)  At the meeting, the clinical review panel shall receive information 
relevant to the determination of the patient's capacity to give informed 
consent to treatment and the need for treatment, review relevant portions of 
the patient's medical records, consult with the physician requesting the 
treatment, review with the patient that patient's reasons for refusing 
treatment, provide the patient and any lay advisor or attorney an opportunity 
to ask questions of anyone presenting information to the clinical review panel 
at the meeting and determine whether the requirements for ordering 
involuntary treatment have been met. 
(b)  All meetings of the clinical review panel must be open to the patient and 
any lay advisor or attorney, except that any meetings held for the purposes of 
deliberating, making findings and reaching final conclusions are confidential 
and not open to the patient and any lay advisor or attorney. 
(c)  The clinical review panel shall conduct its review in a manner that is 
consistent with the patient's rights. 
(d)  Involuntary treatment may not be approved and ordered if the patient 
affirmatively demonstrates to the clinical review panel that if that patient 
possessed capacity, the patient would have refused the treatment on religious 
grounds or on the basis of other previously expressed convictions or beliefs. 
(4)  The clinical review panel may approve a request for involuntary treatment 
and order the treatment if the clinical review panel finds, at a minimum: 
(a)  That the patient lacks the capacity to make an informed decision 
regarding treatment; 
(b)  That the patient is unable or unwilling to comply with the proposed 
treatment; 
(c)  That the need for the treatment outweighs the risks and side effects; and 
(d)  That the proposed treatment is the least intrusive appropriate treatment 
option. 
(5)  The clinical review panel may make additional findings, including but not 
limited to findings that: 
(a)  Failure to treat the illness is likely to produce lasting or irreparable harm 
to the patient; or 
(b)  Without the proposed treatment the patient's illness or involuntary 
commitment may be significantly extended without addressing the symptoms 
that cause the patient to pose a likelihood of serious harm. 
(6)  The clinical review panel shall document its findings and conclusions, 
including whether the potential benefits of the proposed treatment outweigh the 
potential risks. 
C.  The provisions of this paragraph govern the rights of a patient who is the subject 
of a clinical review panel under paragraph A. 
(1)  The patient is entitled to the assistance of a lay advisor without expense to 
the patient.  The patient is entitled to representation by an attorney at the patient’s 
expense. 
(2)  The patient may review any records or documents considered by the clinical 
review panel. 
(3)  The patient may provide information orally and in writing to the clinical 
review panel and may present witnesses. 
(4)  The patient may ask questions of any person who provides information to the 
clinical review panel. 
(5)  The patient and any lay advisor or attorney may attend all meetings of the 
clinical review panel except for any private meetings authorized under paragraph 
B, subparagraph 3, division (b). 
D.  If the clinical review panel under paragraph A approves the request for 
involuntary treatment, the clinical review panel shall enter an order for the treatment 
in the patient's medical records and immediately notify the superintendent of a state 
mental health institute or chief administrative officer of a designated nonstate mental 
health institution.  The order takes effect: 
(1)  For a patient at a state mental health institute, one business day from the date 
of entry of the order; or 
(2)  For a patient at a designated nonstate mental health institution, one business 
day from the date of entry of the order, except that if the patient has requested 
review of the order by the commissioner under paragraph F, subparagraph (2), 
the order takes effect one business day from the day on which the commissioner 
or the commissioner's designee issues a written decision. 
E.  The order for treatment under this subsection remains in effect for 120 days or 
until the end of the period of commitment, whichever is sooner, unless altered by: 
(1)  An agreement to a different course of treatment by the primary treating 
physician and patient; 
(2)  For a patient at a designated nonstate mental health institution, modification 
or vacation of the order by the commissioner or the commissioner's designee; or 
(3)  An alteration or stay of the order entered by the Superior Court after 
reviewing the entry of the order by the clinical review panel on appeal under 
paragraph F. 
F.  The provisions of this paragraph apply to the review and appeal of an order of the 
clinical review panel entered under paragraph B. 
(1)  The order of the clinical review panel at a state mental health institute is final 
agency action that may be appealed to the Superior Court in accordance with 
Rule 80C of the Maine Rules of Civil Procedure. 
(2)  The order of the clinical review panel at a designated nonstate mental health 
institution may be reviewed by the commissioner or the commissioner's designee 
upon receipt of a written request from the patient submitted no later than one day 
after the patient receives the order of the clinical review panel.  Within 3 business 
days of receipt of the request for review, the commissioner or the commissioner's 
designee shall review the full clinical review panel record and issue a written 
decision.  The decision of the commissioner or the commissioner's designee may 
affirm the order, modify the order or vacate the order.  The decision of the 
commissioner or the commissioner's designee takes effect one business day after 
the commissioner or the commissioner's designee issues a written decision.  The 
decision of the commissioner or the commissioner's designee is final agency 
action that may be appealed to the Superior Court in accordance with Rule 80C 
of the Maine Rules of Civil Procedure. 
Sec. 2.  34-B MRSA §3861, sub-§4 is enacted to read: 
4.  Emergency involuntary treatment.  Nothing in this section precludes a health 
care practitioner from administering involuntary treatment to a patient who is being held 
or detained by a hospital against the patient's will under the provisions of this subchapter 
if the following conditions are met: 
A.  An emergency exists relating to the patient's physical or mental health that poses 
a serious, imminent risk to the patient's welfare; 
B.  The patient lacks the decisional capacity either to provide informed consent for 
treatment or to make an informed refusal of treatment; 
C.  A person legally authorized to provide consent for treatment on behalf of the 
patient is not reasonably available under the circumstances; 
D.  The treatment being administered is a recognized form of treatment for the 
patient's emergency medical condition; 
E.  The patient's treating health care practitioner reasonably believes that the 
treatment being administered will tend to safeguard the physical or mental health of 
the patient; and 
F.  A reasonable person concerned for the welfare of the patient would conclude that 
the benefits of the treatment outweigh the risks and potential side effects of the 
treatment and would consent to the treatment under the circumstances. 
Sec. 3.  34-B MRSA §3863, sub-§2-A, as amended by PL 2007, c. 319, §9, is 
further amended to read: 
2-A.  Custody agreement.  A state, county or municipal law enforcement agency 
may meet with representatives of those public and private health practitioners and health 
care facilities that are willing and qualified to perform the certifying examination required 
by this section in order to attempt to work out a procedure for the custody of the person 
who is to be examined while that person is waiting for that examination.  Any agreement 
must be written and signed by and filed with all participating parties.  In the event of 
failure to work out an agreement that is satisfactory to all participating parties, the 
procedures of section 3862 and this section continue to apply. 
As part of an agreement the law enforcement officer requesting certification may transfer 
protective custody of the person for whom the certification is requested to another law 
enforcement officer, a health officer if that officer agrees or the chief administrative 
officer of a public or private health practitioner or health facility or the chief 
administrative officer's designee.  Any arrangement of this sort must be part of the written 
agreement between the law enforcement agency and the health practitioner or health care 
facility.  In the event of a transfer, the law enforcement officer seeking the transfer shall 
provide the written application required by this section.  If the protective custody of the 
person is transferred by the law enforcement officer to a hospital, the hospital obtains a 
certificate as described in subsection 2 that states that the person meets criteria for 
emergency involuntary hospitalization and the hospital is unable to locate an available 
inpatient bed at a psychiatric hospital to admit the person, the hospital shall provide the 
written application required by this section and may detain the person in accordance with 
subsection 3, paragraphs D and E. 
A person with mental illness may not be detained or confined in any jail or local 
correctional or detention facility, whether pursuant to the procedures described in section 
3862, pursuant to a custody agreement or under any other circumstances, unless that 
person is being lawfully detained in relation to or is serving a sentence for commission of 
a crime. 
Sec. 4.  34-B MRSA §3863, sub-§3, ¶A, as amended by PL 2007, c. 319, §9, is 
further amended to read: 
A.  If the judge or justice finds the application and accompanying certificate to be 
regular and in accordance with the law, the judge or justice shall endorse them and 
promptly send them to the admitting psychiatric hospital and to the medical 
practitioner who signed the certificate.  For purposes of carrying out the provisions of 
this section, an endorsement transmitted by facsimile machine has the same legal 
effect and validity as the original endorsement signed by the judge or justice. 
Sec. 5.  34-B MRSA §3863, sub-§3, ¶¶D and E are enacted to read: 
D.  Notwithstanding paragraph B, a person may be held against the person's will and 
detained in a hospital under this section for a reasonable period of time, not to exceed 
days, solely on the basis of a written medical certificate signed by a medical 
practitioner under subsection 2 if: 
(1)  The hospital, after undertaking reasonably diligent efforts, is unable to locate 
an available inpatient bed at a psychiatric hospital during the initial 24-hour 
period that the person is held; 
(2)  The hospital documents during each 24-hour period that the person is held 
the reasonably diligent efforts the hospital has taken to locate an available 
inpatient bed at a psychiatric hospital; 
(3)  The hospital obtains during each 24-hour period that the person is held a 
written medical recertification that the person continues to meet the criteria for 
emergency involuntary admission under subsection 2 that is signed by: 
(a)  A licensed psychiatrist or certified psychiatric clinical nurse specialist; or 
(b)  A licensed physician, licensed clinical psychologist, registered physician 
assistant or certified nurse practitioner, in consultation with a licensed 
psychiatrist; and 
(4)  The hospital or person seeking the emergency involuntary admission 
undertakes to secure judicial endorsement of the application for emergency 
involuntary admission immediately upon locating an available inpatient bed at a 
psychiatric hospital. 
E.  Notwithstanding paragraph B, if there is no available inpatient bed at a psychiatric 
hospital for a person held 4 days under paragraph D, the person may continue to be 
held against the person's will and detained in a hospital under this section for an 
additional reasonable period of time, not to exceed 3 days, if: 
(1)  The hospital continues to undertake reasonably diligent efforts to locate an 
available inpatient bed at a psychiatric hospital during each 24-hour period that 
the person continues to be held; 
(2)  The hospital documents during each 24-hour period that the person is held 
the reasonably diligent efforts the hospital has taken to locate an available 
inpatient bed at a psychiatric hospital; 
(3)  The hospital obtains, within 24 hours prior to the expiration of the 4-day 
period set forth in paragraph D, a written medical recertification that the person 
continues to meet the criteria for emergency involuntary admission under 
subsection 2 that is signed by: 
(a)  A licensed psychiatrist or certified psychiatric clinical nurse specialist; or 
(b)  A licensed physician, licensed clinical psychologist, registered physician 
assistant or certified nurse practitioner, in consultation with a licensed 
psychiatrist; 
(4)  The hospital documents on the application for emergency involuntary 
admission the name of the hospital at which the person is being held and the 
location in the hospital where the person is being held; 
(5)  The hospital obtains judicial endorsement of the application prior to the 
expiration of the 4-day period set forth in paragraph D; 
(6)  The hospital obtains, within 48 hours of the judicial endorsement, a written 
medical recertification that the person continues to meet the criteria for 
emergency involuntary admission under subsection 2 that is signed by: 
(a)  A licensed psychiatrist or certified psychiatric clinical nurse specialist; or 
(b)  A licensed physician, licensed clinical psychologist, registered physician 
assistant or certified nurse practitioner, in consultation with a licensed 
psychiatrist; and 
(7)  The hospital or person seeking the emergency involuntary admission 
undertakes to secure judicial endorsement of the application for emergency 
involuntary admission immediately upon locating an available inpatient bed at a 
psychiatric hospital. 
Sec. 6.  34-B MRSA §3863, sub-§5-A, ¶C, as enacted by PL 2009, c. 651, §16, 
is amended to read: 
C.  An application under this subsection must be made to the District Court having 
territorial jurisdiction over the psychiatric hospital to which the person is admitted on 
an emergency basis and must be filed within 3 5 days from the date of admission of 
the patient to a psychiatric hospital under this section, except that, if the 3rd 5th day 
falls on a weekend or holiday, the application must be filed on the next business day 
following that weekend or holiday.  If no application to the District Court is timely 
filed, the person must be promptly discharged. 
Sec. 7.  34-B MRSA §3863, sub-§9, as enacted by PL 2011, c. 541, §2, is 
repealed and the following enacted in its place: 
9.  Limitations.  The following limitations apply to actions taken under this section. 
A.  Admission to a psychiatric hospital on an emergency basis under the provisions of 
this section is not commitment to a psychiatric hospital. 
B.  A hospital holding or detaining a person against the person's will under subsection 
3, paragraph D or E during the pendency of an available inpatient bed at a psychiatric 
hospital may not be held to the licensing standards of a psychiatric hospital by the 
Department of Health and Human Services with respect to: 
(1)  The person's involuntary detention; or 
(2)  Any care or treatment provided to the person during the involuntary 
detention period. 
Sec. 8.  34-B MRSA §3863, sub-§10 is enacted to read: 
10.  Immunity.  A hospital or medical practitioner is immune from liability for 
holding or detaining a person against the person's will beyond the time frames authorized 
by subsection 3, paragraphs D and E if: 
A.  The person was medically certified as meeting criteria for involuntary admission 
during the period of time the person was held or detained; 
B.  The person was held or detained by the hospital or medical practitioner due to the 
unavailability of an inpatient bed at a psychiatric hospital; 
C.  The hospital or medical practitioner undertook and documented reasonably 
diligent efforts to locate an available inpatient bed at a psychiatric hospital during the 
period of time the person was held or detained; and 
D.  The hospital or medical practitioner otherwise complied with the requirements of 
subsection 3, paragraphs D and E for the periods of time the person was authorized to 
be held or detained under those paragraphs. 
Sec. 9.  34-B MRSA §3864, sub-§1, ¶D, as amended by PL 2009, c. 651, §20, is 
further amended to read: 
D.  A written statement, signed by the chief administrative officer of the psychiatric 
hospital, certifying that a copy of the application and the accompanying documents 
have been given personally to the patient and that the patient and the patient's 
guardian or next of kin, if any, have been notified of: 
(1)  The patient's right to retain an attorney or to have an attorney appointed; 
(2)  The patient's right to select or to have the patient's attorney select an 
independent examiner; and 
(3)  How to contact the District Court; and 
Sec. 10.  34-B MRSA §3864, sub-§1, ¶E, as enacted by PL 1997, c. 422, §14, is 
amended to read: 
E.  A copy of the notice and instructions given to the patient.; and 
Sec. 11.  34-B MRSA §3864, sub-§1, ¶F is enacted to read: 
F.  A copy of the recommended treatment plan, if applicable under subsection 7-A. 
Sec. 12.  34-B MRSA §3864, sub-§3, ¶A, as amended by PL 1997, c. 422, §15, 
is further amended to read: 
A.  Upon receipt by the District Court of the application and accompanying 
documents specified in subsection 1, the court shall cause written notice of the 
application and date of hearing and a copy of any applicable recommended treatment 
plan: 
(1)  To be mailed within 2 days of filing to the person; and 
(2)  To be mailed to the person's guardian, if known, and to the person's spouse, 
parent or one of the person's adult children or, if none of these persons exist or if 
none of those persons can be located, to one of the person's next of kin or a 
friend, except that if the chief administrative officer has reason to believe that 
notice to any of these individuals would pose risk of harm to the person who is 
the subject of the application, notice to that individual may not be given. 
Sec. 13.  34-B MRSA §3864, sub-§5, ¶A, as amended by PL 2009, c. 651, §22, 
is further amended to read: 
A.  The District Court shall hold a hearing on the application not later than 14 10 
days from the date of the application. The District Court may separate the hearing on 
commitment from the hearing on involuntary treatment. 
(1)  For good cause shown, on a motion by any party or by the court on its own 
motion, the hearing on commitment or on involuntary treatment may be 
continued for a period not to exceed 21 additional days.  
(2)  If the hearing on commitment is not held within the time specified, or within 
the specified continuance period, the court shall dismiss the application and order 
the person discharged forthwith.  
(2-A) If the hearing on involuntary treatment is not held within the time 
specified, or within the specified continuance period, the court shall dismiss the 
application for involuntary treatment. 
(3)  In computing the time periods set forth in this paragraph, the Maine Rules of 
Civil Procedure apply. 
Sec. 14.  34-B MRSA §3864, sub-§7-A, ¶A-1 is enacted to read: 
A-1.  During the pendency of the hearing on the application under this section, the 
court may grant a psychiatric hospital, on an expedited basis and without a hearing, 
the power to implement a recommended treatment plan without a person's consent to 
be implemented no sooner than 3 days following the date of the filing of the 
application and to remain in effect until the date of the hearing on the application if: 
(1)  The recommended treatment plan is submitted to the court with the 
application; 
(2)  The recommended treatment plan includes a certification by the physician 
responsible for implementing the plan that: 
(a)  The person lacks the capacity to make an informed decision regarding 
treatment; 
(b)  The person is unable or unwilling to comply with the recommended 
treatment; 
(c)  The need for the recommended treatment outweighs the potential risks 
and side effects; and 
(d)  The recommended treatment is the least intrusive appropriate treatment 
option; and 
(3)  A copy of the recommended treatment plan is provided to the person in 
accordance with subsection 3. 
Sec. 15.  34-B MRSA §3873-A, sub-§5, ¶A, as enacted by PL 2009, c. 651, §29, 
is amended to read: 
A.  The District Court shall hold a hearing on the application or any subsequent 
motion not later than 14 10 days from the date when the application or motion is 
filed.  For good cause shown, on a motion by any party or by the court on its own 
motion, the hearing may be continued for a period not to exceed 21 additional days.  
If the hearing is not held within the time specified, or within the specified 
continuance period, the court shall dismiss the application or motion.  In computing 
the time periods set forth in this paragraph, the Maine Rules of Civil Procedure apply. 
Sec. 16.  34-B MRSA §3874 is enacted to read: 
§3874.  Medical examinations and consultations conducted via telemedicine or 
similar technologies 
 Notwithstanding any other provision of this subchapter, a medical examination or 
consultation required or permitted to be conducted under this subchapter may be 
conducted using telemedicine as defined in Title 24-A, section 4316, subsection 1 or 
similar technologies that enable the medical examination or consultation to be conducted 
in accordance with applicable standards of care. 
SUMMARY 
This bill amends the laws governing involuntary hospitalization by: 
1.  Creating exceptions to the 18-hour protective custody period and 24-hour hospital 
emergency hold period to authorize a hospital to involuntarily detain a person meeting 
criteria for emergency psychiatric hospitalization for up to 4 days based on a medical 
certification obtained during each 24-hour period in circumstances when an inpatient bed 
at a psychiatric hospital cannot be located;  
2.  Authorizing a hospital to continue to detain a person meeting criteria for 
involuntary hospitalization against the person's will for up to an additional 3 days pending 
the availability of an inpatient bed at a psychiatric hospital, as long as the hospital 
continues to medically recertify the person's need for involuntary hospitalization during 
the additional hold period and obtains judicial endorsement for the continued involuntary 
detention of the person at the hospital; 
3.  Extending the period of time that a person may be involuntarily hospitalized on an 
emergency basis at a psychiatric hospital from 3 days to 5 days; 
4.  Authorizing a health care practitioner to administer involuntary treatment to a 
person being involuntarily held or detained if the person's condition constitutes an 
emergency that poses a serious, imminent risk to the person's physical or mental health 
and other conditions are met; 
5.  Creating an expedited process for judicial review and approval of a recommended 
treatment plan that may be implemented for an involuntarily hospitalized person during 
the pendency of the hearing on the application for judicial involuntary commitment;   
6.  Permitting medical examinations and consultations required or permitted under 
the laws governing involuntary hospitalization to be conducted using telemedicine or 
similar technologies;  
7.  Clarifying that hospitals detaining a person against the person's will while 
awaiting the availability of an inpatient bed at a psychiatric hospital may not be held to 
the licensing standards of a psychiatric hospital with respect to the detention or any care 
and treatment provided to that person during the detention; 
8.  Shortening the period between the filing of an application for judicial involuntary 
commitment and the hearing on the application from 14 days to 10 days; and 
9.  Affording immunity from liability to hospitals and medical practitioners that 
detain a person against the person's will beyond statutorily permitted time frames if the 
detention is due to the unavailability of an inpatient bed at a psychiatric hospital and other 
conditions are met.