To amend section 5119.01 and to enact sections 340.20, 340.21, 340.22, 340.23, 340.24, and 340.25 of the Revised Code regarding assisted outpatient treatment.

Section 1. That section 5119.01 be amended and sections 340.20, 340.21, 340.22, 340.23, 340.24, and 340.25 of the Revised Code be enacted to read as follows:

Sec. 340.20.  (A) As used in sections 340.20 to 340.25 of the Revised Code:

(1) "Assisted outpatient" means the person who is the subject of a court order to receive assisted outpatient treatment.

(2) "Assisted outpatient treatment" means services provided pursuant to a court order to a person who is suffering from a mental illness that include medication; periodic blood tests or urinalysis to determine compliance with prescribed medications or the presence of alcohol or illegal drugs; individual or group therapy; educational and vocational training or activities; supervision of living arrangements; and any other services prescribed to treat a person's mental illness, assist the person in living and functioning in the community, or attempt to prevent a relapse or further deterioration that may be reasonably predicted to result in suicide or the need for hospitalization.

(3) "Court" means the probate division of the court of common pleas.

(4) "Mental health professional" means any of the following persons:

(a) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;

(b) Subject to the supervision, control, and direction of a physician, a physician's assistant licensed under Chapter 4730. of the Revised Code;

(c) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner that holds a certificate issued under section 4723.48 of the Revised Code;

(d) A psychologist licensed under Chapter 4732. of the Revised Code;

(e) A professional clinical counselor, or a professional counselor under the supervision of a psychologist, psychiatrist, professional clinical counselor, or independent social worker, licensed under Chapter 4757. of the Revised Code;

(f) An independent social worker, or a social worker under the supervision of a psychologist, psychiatrist, professional clinical counselor, independent social worker, or registered nurse who holds a master's degree in psychiatric nursing, licensed under Chapter 4757. of the Revised Code;

(g) An independent marriage and family therapist, or a marriage and family therapist under the supervision of a psychologist, psychiatrist, professional clinical counselor, independent social worker, or independent marriage and family therapist, licensed under Chapter 4757. of the Revised Code.

(5) "Mental illness" has the same meaning as in section 5122.01 of the Revised Code.

(6) "Substantive change" means any addition, deletion, or amendment to a written assisted outpatient treatment plan that would affect the mental health of the assisted outpatient.

(B) Each board of alcohol, drug addiction, and mental health services shall establish and maintain an assisted outpatient treatment program. All programs, through mental health professionals employed in that alcohol, drug addiction, and mental health services district, shall provide timely assisted outpatient treatment, monitor compliance with assisted outpatient treatment, evaluate and address the conditions or needs of assisted outpatients, and ensure compliance with court orders of assisted outpatient treatment. The executive director of each board of alcohol, drug addiction, and mental health services shall appoint a mental health professional employed in that alcohol, drug addiction, and mental health services district to oversee and coordinate the operations of the assisted outpatient treatment program in the district. On a quarterly basis, the local coordinator shall collect and report nonidentifying statistical data regarding the assisted outpatient treatment program in the local coordinator's alcohol, drug addiction, and mental health services district to the director of mental health, or the director's designee.

(C) The director of mental health, or the director's designee, shall oversee and coordinate all assisted outpatient treatment programs in the state. The director or the director's designee shall compile statistical data collected pursuant to division (B) of this section and report the findings to the governor, the general assembly, and the executive directors of all boards of alcohol, drug addiction, and mental health services.

(D) Notwithstanding statistical data collected pursuant to division (B) of this section, records regarding assisted outpatient treatment under sections 340.20 to 340.24 of the Revised Code are confidential and are not public records under section 149.43 of the Revised Code.

Sec. 340.21.  (A) All of the following persons may file a petition for an order requiring a person to participate in an assisted outpatient treatment program in the court of the county in which the respondent resides or is believed to be residing:

(1) A person who is at least eighteen years of age and resides with the respondent;

(2) A person who is a parent, spouse, sibling, or child of the respondent and who is at least eighteen years of age;

(3) A mental health professional who has provided or is providing mental health services to the respondent;

(4) A parole or probation officer who is supervising the respondent.

(B)(1) A petition filed pursuant to division (A) of this section shall contain:

(a) The criteria set forth in division (B)(2) of this section and facts stating that the respondent meets all of the criteria;

(b) A statement that the respondent resides or is believed to be residing in the county where the petition is filed;

(c) An affidavit by a mental health professional, who is not the petitioner and who has done either of the following within ten days prior to filing the petition:

(i) Personally examined the respondent regarding the person's mental health and recommends assisted outpatient treatment for the person;

(ii) Attempted to examine the respondent regarding the respondent's mental health, has been unsuccessful in examining the respondent, and has reason to suspect that the respondent meets the criteria described in division (B)(2) of this section.

(2) The respondent must meet all of the following criteria before the court may order that the respondent participate in assisted outpatient treatment:

(a) The respondent is at least eighteen years old.

(b) The respondent is suffering from mental illness.

(c) The respondent is unlikely to survive safely in the community without supervision based on determination by a mental health professional.

(d) The respondent has a history of lack of compliance with treatment for mental illness and either of the following has occurred:

(i) At least twice in thirty-six months prior to filing the petition, the respondent's mental illness has been a significant factor in hospitalization, services, or other related treatment, not including any current period of hospitalization, services, or other related treatment or period of hospitalization, services, or other related treatment ending in the six months prior to filing the petition.

(ii) In the forty-eight months prior to filing the petition, the respondent's mental illness has been a significant cause of one or more acts of serious violent behavior toward the respondent's self or others or the cause of threats of, or attempts at, serious physical harm to the respondent's self or others, not including any current period of hospitalization, services, or other related treatment or period of hospitalization, services, or other related treatment ending in the six months prior to filing the petition.

(e) The respondent is unlikely to voluntarily participate in treatment for the respondent's mental illness that would enable the respondent to live safely in the community.

(f) The respondent is in need of assisted outpatient treatment based on the respondent's treatment history and current behavior in order to prevent relapse of the mental illness or additional damage to the respondent's mental health and such relapse or damage would result in serious harm to the respondent or others.

(g) The respondent is likely to benefit from assisted outpatient treatment.

(C) If the respondent refuses examination under division (B)(1)(c) of this section, the court may request that a court-appointed mental health professional examine the respondent. If the respondent refuses the court-requested examination and there is reasonable cause to believe that the respondent meets the criteria in division (B)(2) of this section, the court may order the respondent to be taken into custody by a police officer or sheriff to undergo examination by a court-appointed mental health professional. Examination under this division shall be conducted within twenty-four hours of receiving custody of the respondent and may be by a mental health professional described in division (B)(1)(c)(ii) of this section. The respondent shall not be in custody for longer than twenty-four hours.

(D) All of the following persons shall personally, or by mail, be given notice of, and a copy of, a petition filed pursuant to division (A) of this section:

(1) The respondent;

(2) The executive director of the board of alcohol, drug addiction, and mental health services of the county in which the petition is filed;

(3) The director of the department of mental health;

(4) The closest known relative of the respondent who is not described in division (D)(5) of this section;

(5) Each person eighteen years of age or older with whom the respondent resides.

Sec. 340.22.  (A) Upon receipt of a petition filed pursuant to section 340.21 of the Revised Code, the court shall schedule a hearing not later than three business days after receipt of the petition and give notice of the hearing by mail to the petitioner and the persons listed in division (D) of section 340.21 of the Revised Code.

(B) Upon receipt of the notice under division (A) of this section, the executive director of the board of alcohol, drug addiction, and mental health service district of the county in which the petition is filed shall cause a written assisted outpatient treatment plan for the respondent to be delivered to the court not later than the business day prior to the hearing scheduled under division (A) of this section. A mental health professional employed in the alcohol, drug addiction, and mental health service district of the county in which the petition is filed shall create the assisted outpatient treatment plan and detail the services that will be provided to the respondent in accordance with rules adopted under section 5119.01 of the Revised Code. The services provided pursuant to the assisted outpatient treatment plan shall be the least restrictive services necessary for treating the respondent. The mental health professional creating the assisted outpatient treatment plan shall provide the respondent, and any other person named by the respondent, an opportunity to participate in the development of the plan.

(C)(1) If the court finds by clear and convincing evidence that the respondent meets all of the criteria for assisted outpatient treatment as described in section 340.21 of the Revised Code, the written assisted outpatient treatment plan created pursuant to this section provides the least restrictive services necessary for treating the respondent, and the court hears testimony from relevant persons, including the mental health professional creating the assisted outpatient treatment plan, regarding the respondent and the plan, the court may order the respondent to participate in the assisted outpatient treatment contained in the plan for an initial period not to exceed six months.

(2) If the court does not find by clear and convincing evidence that the respondent meets all of the criteria for assisted outpatient treatment as described in section 340.21 of the Revised Code, the court may dismiss the petition. If the court does not find by clear and convincing evidence that the written assisted outpatient treatment plan created pursuant to this section provides the least restrictive services necessary for treating the respondent, the court may continue the proceeding for ten business days to obtain a revised plan. Upon receiving the revised plan, the court shall either dismiss the petition or order the respondent to participate in the assisted outpatient treatment contained in a revised written assisted outpatient treatment plan for an initial period not to exceed six months.

(3) A copy of the order issued under division (C)(1) or (2) of this section shall be sent to the petitioner, persons listed in division (D) of section 340.21 of the Revised Code, and the mental health professional providing assisted outpatient treatment to the assisted outpatient.

(D) Not earlier than thirty days prior to the expiration of an order issued under division (C) of this section, the executive director of the board of alcohol, drug addiction, and mental health service district in which the assisted outpatient is participating in assisted outpatient treatment or the person who filed a petition under division (A) of section 340.21 of the Revised Code may petition the court to order continued assisted outpatient treatment up to one year after the expiration of the original order. Subject to this section, the court may order continued assisted outpatient treatment if the respondent meets the criteria described in division (B)(2) of section 340.21 of the Revised Code.

(E)(1) The respondent or assisted outpatient has the right to counsel, be present at any hearing, present evidence, examine or cross-examine witnesses, and appeal any decision, regarding assisted outpatient treatment under sections 340.20 to 340.24 of the Revised Code. To the extent not inconsistent with sections 340.20 to 340.24 of the Revised Code, the Rules of Civil Procedure are applicable.

(2) On motion of the respondent or assisted outpatient, or on the court's own motion, for good cause shown, the court may order a continuance of the hearing held pursuant to this section.

Sec. 340.23.  The mental health professional providing assisted outpatient treatment to the assisted outpatient shall petition the court in which the original petition for assisted outpatient treatment was filed to make any substantive change in the written assisted outpatient treatment plan created under section 340.22 of the Revised Code. Notice of the petition shall be delivered by mail to the persons listed in division (D) of section 340.21 of the Revised Code. The court may approve any changes without a hearing if the assisted outpatient consents to the changes, unless one or more of the notified parties objects to the change. If the assisted outpatient does not consent, or any of the notified parties object to the changes, the court shall schedule a hearing on the proposed change within five business days of receiving the petition. The mental health professional may make any nonsubstantive changes to the written assisted outpatient treatment plan without petitioning the court.

Sec. 340.24.  An assisted outpatient who fails to participate in assisted outpatient treatment according to the provisions of the written assisted outpatient treatment plan shall be subject to sections 5122.11 to 5122.15 of the Revised Code regarding hospitalization of a person pursuant to a court order.

Sec. 340.25.  (A) A person who knowingly makes a false statement on a petition, written statement, or other documentation as required under sections 340.20 to 340.24 of the Revised Code is guilty of falsification under section 2921.13 of the Revised Code.

(B) A person who knowingly makes a false statement in any proceeding held pursuant to sections 340.20 to 340.24 of the Revised Code is guilty of perjury under section 2921.11 of the Revised Code.

Sec. 5119.01.  The director of mental health is the chief executive and administrative officer of the department of mental health. The director may establish procedures for the governance of the department, conduct of its employees and officers, performance of its business, and custody, use, and preservation of departmental records, papers, books, documents, and property. Whenever the Revised Code imposes a duty upon or requires an action of the department or any of its institutions, the director shall perform the action or duty in the name of the department, except that the medical director appointed pursuant to section 5119.07 of the Revised Code shall be responsible for decisions relating to medical diagnosis, treatment, rehabilitation, quality assurance, and the clinical aspects of the following: licensure of hospitals and residential facilities, research, community mental health plans, and delivery of mental health services.

The director shall:

(A) Adopt rules for the proper execution of the powers and duties of the department with respect to the institutions under its control, and require the performance of additional duties by the officers of the institutions as necessary to fully meet the requirements, intents, and purposes of this chapter. In case of an apparent conflict between the powers conferred upon any managing officer and those conferred by such sections upon the department, the presumption shall be conclusive in favor of the department.

(B) Adopt rules for the nonpartisan management of the institutions under the department's control. An officer or employee of the department or any officer or employee of any institution under its control who, by solicitation or otherwise, exerts influence directly or indirectly to induce any other officer or employee of the department or any of its institutions to adopt the exerting officer's or employee's political views or to favor any particular person, issue, or candidate for office shall be removed from the exerting officer's or employee's office or position, by the department in case of an officer or employee, and by the governor in case of the director.

(C) Appoint such employees, including the medical director, as are necessary for the efficient conduct of the department, and prescribe their titles and duties;

(D) Prescribe the forms of affidavits, applications, medical certificates, orders of hospitalization and release, and all other forms, reports, and records that are required in the hospitalization or admission and release of all persons to the institutions under the control of the department, or are otherwise required under this chapter or Chapter 5122. of the Revised Code;

(E) Contract with hospitals licensed by the department under section 5119.20 of the Revised Code for the care and treatment of mentally ill patients, or with persons, organizations, or agencies for the custody, supervision, care, or treatment of mentally ill persons receiving services elsewhere than within the enclosure of a hospital operated under section 5119.02 of the Revised Code;

(F) Exercise the powers and perform the duties relating to community mental health facilities and services that are assigned to the director under this chapter and Chapter 340. of the Revised Code;

(G) Develop and implement clinical evaluation and monitoring of services that are operated by the department;

(H) At the director's discretion, adopt rules establishing standards for the adequacy of services provided by community mental health facilities, and certify the compliance of such facilities with the standards for the purpose of authorizing their participation in the health care plans of health insuring corporations under Chapter 1751. and sickness and accident insurance policies issued under Chapter 3923. of the Revised Code. The director shall cease to certify such compliance two years after June 6, 2001. The director shall rescind the rules after the date the director ceases to certify such compliance.

(I) Adopt rules establishing standards for the performance of evaluations by a forensic center or other psychiatric program or facility of the mental condition of defendants ordered by the court under section 2919.271, or 2945.371 of the Revised Code, and for the treatment of defendants who have been found incompetent to stand trial and ordered by the court under section 2945.38, 2945.39, 2945.401, or 2945.402 of the Revised Code to receive treatment in facilities;

(J) On behalf of the department, have the authority and responsibility for entering into contracts and other agreements;

(K) Prepare and publish regularly a state mental health plan that describes the department's philosophy, current activities, and long-term and short-term goals and activities;

(L) Adopt rules in accordance with Chapter 119. of the Revised Code specifying the supplemental services that may be provided through a trust authorized by section 5815.28 of the Revised Code;

(M) Adopt rules in accordance with Chapter 119. of the Revised Code establishing standards for the maintenance and distribution to a beneficiary of assets of a trust authorized by section 5815.28 of the Revised Code;

(N) Adopt rules regarding assisted outpatient treatment as described in sections 340.20 to 340.24 of the Revised Code that establish the following:

(1) To the extent necessary, training and education of mental health professionals, judges, or other relevant persons involved with assisted outpatient treatment;

(2) Contents of the written assisted outpatient treatment plans described in section 340.22 of the Revised Code;

(3) Collection and dissemination of statistical data described in section 340.20 of the Revised Code.

Section 2.  That existing section 5119.01 of the Revised Code is hereby repealed.