Definitions

As used in this Chapter, unless the context requires otherwise:

(a)Assisted treatment means the provision of treatment, in accordance with this Act, to individuals who are either dangerous or incapable of making informed medical decisions because of the effects of severe mental illness.

(b)Assisted outpatient treatment

(AOT)means assisted treatment on an outpatient basis.

(c)Certificate means a form filed with the court by a psychiatrist or other physician to request an assisted treatment hearing for an individual currently in emergency treatment/observation. COL622016 CH. 82A ASSISTED OUTPATIENT TREATMENT

(d)Chronically disabled may be shown by establishing that the person is incapable of making an informed medical decision and, based on the person’s psychiatric history, the person is unlikely to comply with treatment and, as a consequence, the person’s current condition is likely to deteriorate until his or her psychiatric disorder significantly impairs the person’s judgment, reason, behavior or capacity to recognize reality and has a substantial probability of causing him or her to suffer or continue to suffer severe psychiatric, emotional or physical harm.

(e)Court means the Superior Court of Guam, which shall be the court of judicial review designated to accept petitions and certificates for assisted treatment and related filings, decide on preliminary and ex parte motions, and all other functions assigned to it pursuant to this Act.

(f)Danger to himself or herself may be shown by establishing that, by his or her behavior, a person is, in the reasonably foreseeable future, likely to either attempt suicide, to inflict bodily harm on himself or herself or, because of his or her actions or inaction, to suffer serious physical harm in the near future. The person’s past behavior may be considered.

(g)Danger to others may be shown by establishing that, by his or her behavior, a person is in the reasonably foreseeable future likely to cause or attempt to cause harm to another. Evidence that a person is a danger to others may include, but is not limited to:

(1)that he or she has inflicted, or attempted or threatened in an objectively serious manner to inflict, bodily harm on another;

(2)that by his or her actions or inactions, he or she has presented a danger to a person in his or her care; or

(3)that he or she has recently and intentionally caused significant damage to the substantial property of others.

(h)Gravely disabled, as defined in § 82101(c) of Chapter 82, may be shown by establishing that a person is incapable of making an informed medical decision and has behaved in such a manner as to indicate that he or she is unlikely, without supervision and the assistance of others, to satisfy his or her need for either nourishment, personal or medical care, shelter, or self-protection and safety so that it COL622016 CH. 82A ASSISTED OUTPATIENT TREATMENT is probable that substantial bodily harm, significant psychiatric deterioration or debilitation, or serious illness will result unless adequate treatment is afforded.

(i)Incapable of making an informed medical decision means that a person is unaware of the effects of his or her psychiatric disorder or that the person lacks the capacity to make a well-reasoned, willful, and knowing decision concerning his or her medical or psychiatric treatment. Any history of the person’s non-compliance with treatment or of criminal acts related to his or her mental illness shall, if available, be considered.

(j)Petition means a form filed with a court to request an assisted treatment hearing based on the good faith belief of the petitioner that the subject of the petition is eligible for assisted treatment pursuant to the provisions of this Act.

(k)Petitioner shall only mean the Director of the Guam Behavioral Health and Wellness Center or his or her designee, in conjunction with the treating psychiatrist or physician who has examined the respondent, and who shall file the petition.

(l)Respondent means the person who is the subject of a petition or certificate.

(m)Severe psychiatric disorder means a substantial impairment of a person’s thought processes (e.g., delusions), sensory input (e.g., hallucinations), mood balance (e.g., mania or severe depression), memory (e.g., dementia), or ability to reason that substantially interferes with a person’s ability to meet the ordinary demands of living. Severe psychiatric disorders are distinguished from:

(1)conditions that are primarily due to drug abuse or alcoholism, although severe psychiatric disorders may co-exist with these disorders;

(2)other known neurological disorders such as epilepsy, multiple sclerosis, Parkinson’s disease, or Alzheimer’s disease, although such neurological disorders may also have psychotic features similar to those found in severe psychiatric disorders;

(3)normal age-related changes in the brain;

(4)brain changes related to terminal medical conditions; COL622016 CH. 82A ASSISTED OUTPATIENT TREATMENT

(5)personality disorders as defined by the American Psychiatric Association’s “Diagnostic and Statistical Manual of Mental Disorders” (APA-DSM);

(6)moderate, severe and profound mental retardation as defined by the APA-DSM; and

(7)pervasive developmental disorders, including autistic disorder, Rett’s disorder and Asperger’s disorder as defined by the APA-DSM.

(n)Treating professional, professional staff, professional person or qualified mental health professional shall mean a licensed professional qualified by training or experience in the diagnosis of mental or related illness. The following licensed professionals shall be so designated:

(1)a psychiatrist;

(2)a clinical psychologist;

(3)a certified psychiatric nurse at the Master’s level; or

(4)a physician.

(o)Guam Behavioral Health and Wellness Center (GBHWC) is the public agency designated by the government of Guam to diagnose or treat persons with mental health disorders. ---------ARTICLE 3 VOLUNTARY TREATMENT