Chapter 11

Directed Outpatient Commitment

(Wyo. Stat. Ann. § 25-10-110.1)

Section 1. Authority.

This Chapter is promulgated by the Department of Health ("the Department") pursuant to Hospitalization of Mentally Ill Persons ("the Act") codified at Wyo. Stat. Ann. §§ 25-10-101 through -127 and the Wyoming Administrative Procedure Act at Wyo. Stat. Ann. § 16-3-101 through -115.

Section 2. Purpose and Applicability.

(a) These rules have been adopted to establish and implement the procedures and corresponding responsibilities of Wyoming Department of Health treatment providers for the treatment of patients court-ordered to Directed Outpatient Commitment as provided in Wyo. Stat. Ann. § 25-10-110.1.

(b) The Department may issue manuals or bulletins to interpret the provisions of this rule, which reflect the policies contained in this rule and regulation. The provisions contained in manuals or bulletins shall be subordinate to the provisions of this rule and regulation.

Section 3.  Directed Outpatient Commitment Treatment Provider Requirements

(a) If an individual is determined mentally ill under the Act (Wyo. Stat. Ann. §§ 25-10-109 through -110.1) and is ordered by a court for directed outpatient commitment to a treatment provider as defined in Chapter 6 of these rules, the treatment provider shall comply with the court order and admit the patient unless it demonstrates to the court that it cannot comply with the court order for directed outpatient commitment.

(b) The treatment provider shall prepare a treatment plan, as required by the court order, in consultation with any gatekeeper designated by the Department.  In preparing the treatment plan, the treatment provider shall consult with the county attorney, any relevant healthcare providers, and the patient or the person responsible for the care and custody of the patient. The treatment plan may not exceed two (2) years. 

(c) The treatment provider shall issue a report to the court, the county attorney, and any gatekeeper designated by the Department every six (6) months.  The report shall contain the patient's status in the directed outpatient commitment treatment plan, any past non-compliance with the treatment plan by the patient, and any barriers to the patient's continued maintenance in the community setting.

Section 4.  Payment of Treatment Providers for Directed Outpatient Commitment

Services provided by a treatment provider, pursuant to Wyo. Stat. Ann. § 25-10-110.1, shall be reported under mental health and substance abuse treatment contracts and agreements between treatment providers and the Department.

Section 5. Implementation of Chapter.

(a) The order in which the provisions of this Chapter appear is not to be construed to mean that any provision is more or less important than any other provision.

(b) The text of this Chapter shall control the titles of its various provisions.

Section 6. Superseding Effect.

When promulgated, this Chapter supersedes all prior rules or policy statements issued by the Department, including manuals or bulletins, which are inconsistent with this Chapter.

Section 7. Severability.

If any portion of this Chapter is found to be invalid or unenforceable, the remainder shall continue in full force and effect.