Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 80 - Division of Comprehensive Psychiatric Services › Chapter 1 - Standards and Procedures for Program Recognition, Client Admissions and Performance › Section 9 CSR 80-1.005 - Civil Outpatient Detention and Treatment Programs

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terms and establishes
				  standards and procedures for program recognition, client admissions and
				  discharges, and performance of civil outpatient detention and treatment
				  programs.
(1) The terms
				defined in sections
				630.005 and
				632.005, RSMo are
				incorporated by reference for use in
				9 CSR
				80-1.005(1) through (35).
(2) As used in
				9 CSR
				80-1.005(1) through (35), unless the
				context clearly indicates otherwise, the following terms shall mean:
(A) Care provider, the person or persons who
				can demonstrate that they are primarily responsible for the health care of the
				person with a mental illness. The term does not apply to any person providing
				care through the hospitals, nursing homes, group homes or any other such
				facility;
(B) Discharge, formal
				dismissal of a client from the recognized mental health program;
(C) Likelihood of serious harm, any one (1)
				or more of the following but does not require actual physical injury to have
				occurred:
1. A substantial risk that serious
				physical harm will be inflicted by a person upon his/her own person, as
				evidenced by recent threats, including verbal threats, or attempts to commit
				suicide or inflict physical harm on him/herself. Evidence of substantial risk
				may also include information about patterns of behavior that historically have
				resulted in serious harm previously being inflicted by a person upon
				him/herself;
2. A substantial risk
				that serious physical harm to a person will result or is occurring because of
				an impairment in his/her capacity to make decisions with respect to his/her
				hospitalization and need for treatment as evidenced by his/her current mental
				disorder or mental illness which results in an inability to provide for his/her
				own basic necessities of food, clothing, shelter, safety or medical care or
				his/her inability to provide for his/her own mental health care which may
				result in a substantial risk of serious physical harm. Evidence of that
				substantial risk may also include information about patterns of behavior that
				historically have resulted in serious harm to the person previously taking
				place because of a mental disorder or mental illness which resulted in his/her
				inability to provide for his/her basic necessities of food, clothing, shelter,
				safety or medical or mental health care; or
3. A substantial risk that serious physical
				harm will be inflicted by a person upon another as evidenced by recent overt
				acts, behavior or threats, including verbal threats, which have caused such
				harm or which would place a reasonable person in reasonable fear of sustaining
				such harm. Evidence of that substantial risk may also include information about
				patterns of behavior that historically have resulted in physical harm
				previously being inflicted by a person upon another person;
(D) Mental illness, a state of
				impaired mental processes, which impairment results in a distortion of a
				person's capacity to recognize reality due to hallucinations, delusions, faulty
				perceptions or alterations of mood, and interferes with an individual's ability
				to reason, understand or exercise conscious control over his/her actions. The
				term mental illness does not include the following conditions unless they are
				accompanied by a mental illness as otherwise defined in Chapter 630, RSMo:
1. Mental retardation, developmental
				disability or narcolepsy;
2. Simple
				intoxication caused by substances such as alcohol or drugs;
3. Dependence upon or addiction to any
				substances such as alcohol or drugs; or
4. Any other disorders such as senility,
				which are not of an actively psychotic nature;
(E) Ninety-six (96) hours, shall be construed
				and computed to exclude Saturdays, Sundays and legal holidays which are
				observed either by the court or by the mental health facility where the
				respondent is detained;
(F)
				Outpatient commitment, legal status of a person who has been involuntarily
				detained for outpatient mental health treatment by the court pursuant to
				Chapter 632, RSMo;
(G) Recognized,
				a mental health program is considered to be recognized when it has received
				written notification from the Department of Mental Health that it has met the
				criteria established in
				9 CSR
				80-1.005(3) and (4) and is authorized
				to accept persons for admission who have been involuntarily detained for
				outpatient mental health treatment by the court pursuant to Chapter 632, RSMo;
				and
(H) Release, termination of a
				detention order as a result of reaching the specified end date or resulting
				from change in client mental status, behavior, or admission status.