Definitions.

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35-1-613. Definitions.

(a) As used in this act:

(i) "Community board" means a community mental health board, a substance abuse board, a developmental disabilities board, or a family violence and sexual assault board, or a board offering a combination of human services programs, created under this act. For the purposes of this act every community board is also a public agency;

Note: Effective 7/1/2022 this paragraph will read as:

(i) "Community board" means a community mental health board, a substance use disorder board, a developmental disabilities board, or a family violence and sexual assault board, or a board offering a combination of human services programs, created under this act. For the purposes of this act every community board is also a public agency;

(ii) "Developmental disabilities" means a disability attributable to intellectual disability, cerebral palsy, epilepsy, autism or any other neurological condition requiring services similar to those required by persons with intellectual disabilities, that has continued or can be expected to continue indefinitely and constitutes a substantial impairment to the individual's ability to function in society;

(iii) "Department" means the department of health;

(iv) "Human services program" means community facilities, services and programs which exclusively or in part, are used or operated to prevent or treat mental illness, substance abuse or developmental disabilities, to provide shelter and crisis services for victims of family violence or sexual assault or to provide other community based services which serve a public purpose;

Note: Effective 7/1/2022 this paragraph will read as:

(iv) "Human services program" means community facilities, services and programs which exclusively or in part, are used or operated to prevent or treat mental illness, substance use disorders or developmental disabilities, to provide shelter and crisis services for victims of family violence or sexual assault or to provide other community based services which serve a public purpose;

(v) "Mental illness" means a condition which is manifested by a disorder or disturbance in behavior, feeling, thinking or judgment to such an extent that care and treatment are required;

Note: Effective 7/1/2022 this paragraph will read as:

(v) "Mental illness" means a condition which is manifested by a disorder or disturbance in behavior, feeling, thinking or judgment to such an extent that care and treatment are required, but does not include addiction to drugs or alcohol, drug or alcohol intoxication or developmental disabilities;

(vi) "Public agency" means an organization operated by a unit of local government or a combination of governments or agencies formed under the Wyoming Joint Powers Act;

(vii) "Substance" means alcoholic beverages and other drugs;

(viii) "Substance abuse" means the use, without compelling medical reason, of any substance which results in psychological or physiological dependency as a function of continued use in such a manner as to induce mental, emotional or physical impairment or to cause socially dysfunctional behavior;

Note: Effective 7/1/2022 this paragraph will read as:

(viii) "Substance use disorder" means the use, without compelling medical reason, of any substance which results in psychological or physiological dependency as a function of continued use in such a manner as to induce mental, emotional or physical impairment or to cause socially dysfunctional behavior;

(ix) "Client" means any individual receiving services from a human service program authorized under this act;

(x) "Crisis services for victims of family violence and sexual assault" means emergency intervention, information, referral services and medical, legal and social services advocacy;

(xi) "Sexual assault" means any act made criminal under W.S. 6-2-302 through 6-2-304 and 6-4-402;

(xii) "Family violence" means domestic abuse as defined by W.S. 35-21-102(a)(iii);

(xiii) "Shelter" means a place of temporary refuge, offered on a twenty-four (24) hour, seven (7) day per week basis to victims of domestic violence and their children;

(xiv) "This act" means W.S. 35-1-611 through 35-1-627.

NOTE: Effective 7/1/2022, this paragraph will read as follows:

(xiv) "Adults with acute mental illness" means persons who are subject to an emergency detention under W.S. 25-10-109, an involuntary hospitalization order under W.S. 25-10-110 or a directed outpatient commitment order under W.S. 25-10-110.1, or who were released from an emergency detention or were discharged from an involuntary hospitalization or directed outpatient commitment order within the last six (6) months;

(xv) "Adults with severe mental illness" means persons who, based on diagnosis and history, have a substantial probability of being unable to meet their needs for food, shelter and medical care if they do not receive regular mental health treatment or case management; [NOTE: This paragraph will be effective 7/1/2022.]

(xvi) "Behavioral health center" means: [NOTE: This paragraph will be effective 7/1/2022.]

(A) A nationally accredited organization that is licensed to conduct business in the state of Wyoming and provides a comprehensive range of services for the treatment and management of mental illness and substance use disorders for priority populations; or

(B) For the purpose of federal reimbursement, a tribal federally qualified health center or a behavioral health service provider certified by the Indian health service of the United States department of health and human services.

(xvii) "Families at high risk" means: [NOTE: This paragraph will be effective 7/1/2022.]

(A) Children who have been discharged from an acute psychiatric facility or a psychiatric residential treatment facility within the previous six (6) months, and their immediate family members as defined by rule of the department of family services;

(B) A child or the parent, legal guardian or other immediate family member of a child, as defined by rule of the department of family services, who has been referred to a behavioral health center by the department of family services for treatment for a mental illness or a substance use disorder and the treatment is necessary to prevent the removal of the child from the child's home or to reunify the child with the child's family;

(C) A child who has been referred to a behavioral health center for treatment for mental illness or a substance use disorder that impacts the child's life and the treatment is necessary to prevent child's involvement in the judicial system.

(xviii) "General access clients" means persons who do not meet the definition of a priority population under paragraph (xxii) of this subsection; [NOTE: This paragraph will be effective 7/1/2022.]

(xix) "Indigent general access clients" means persons who do not have private or public health insurance that provides coverage for mental illness or substance use disorder treatment and whose total household income is not more than one hundred fifty percent (150%) of the federal poverty level; [NOTE: This paragraph will be effective 7/1/2022.]

(xx) "Indigent clients with high needs" means persons who meet the definition of indigent general access clients under paragraph (xix) of this subsection and who have a mental illness or substance use disorder that substantially impairs their ability to function in society; [NOTE: This paragraph will be effective 7/1/2022.]

(xxi) "Nonstate level justice involved" means: [NOTE: This paragraph will be effective 7/1/2022.]

(A) Persons who within the previous six (6) months have been placed on probation and made subject to an intensive supervision program under W.S. 7-13-1102 that includes treatment for a mental illness or a substance use disorder;

(B) Persons who within the previous six (6) months have been convicted of or pled nolo contendere to a criminal offense and ordered to enroll in an intensive outpatient treatment program for a mental illness or substance use disorder as part of their sentence;

(C) Persons on probation, parole or who have been conditionally released, who within the previous six (6) months have been sanctioned under W.S. 7-13-1802(b)(iv) through (vi) and ordered to receive treatment for a mental illness or a substance use disorder;

(D) Qualified offenders under W.S. 7-13-1301 through 7-13-1304 who within the previous six (6) months have been ordered to receive treatment for a substance use disorder.

(xxii) "Priority population" means any person, as determined by the department, who falls into any of the following categories: [NOTE: This paragraph will be effective 7/1/2022.]

(A) State level justice involved;

(B) Nonstate level justice involved;

(C) Families at high risk;

(D) Adults with acute mental illness;

(E) Adults with severe mental illness;

(F) Indigent clients with high needs;

(G) Indigent general access clients.

(xxiii) "State level justice involved" means persons that within the previous six (6) months have been released or paroled from an institution as defined by W.S. 7-13-401(a)(vi), released or discharged from a facility as defined under W.S 7-11-301(a)(ii) and who require continuing treatment for a mental illness or substance use disorder; [NOTE: This paragraph will be effective 7/1/2022.]

(xxiv) "This act" means W.S. 35-1-611 through 35-1-627. [NOTE: This paragraph will be effective 7/1/2022.]


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