Alabama § 22-52-1.1 - Definitions; Legislative Findings.

§ 22-52-1.1. Definitions; Legislative Findings.

(a) When used in this article, the following terms have the following meanings, unless the context clearly indicates otherwise:

(1) COMMISSIONER. The Commissioner of the Alabama State Department of Mental Health.

(2) CO-OCCURRING SUBSTANCE USE DISORDER. A substance use disorder that occurs secondarily to a primary diagnosis of one or more mental illnesses.

(3) DEPARTMENT. The Alabama State Department of Mental Health.

(4) DESIGNATED MENTAL HEALTH FACILITY. A mental health facility, other than a state mental health facility, which is designated by the department to receive individuals for evaluation, examination, admission, detention, or treatment pursuant to this article.

(5) INPATIENT TREATMENT. Treatment being provided to an individual at a state mental health facility or a designated mental health facility which has been specifically designated by the department for inpatient treatment.

(6) INVOLUNTARY COMMITMENT. Court-ordered mental health services in either an outpatient or inpatient setting.

(7) MENTAL ILLNESS. A psychiatric disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life, or a diagnosis designated as a serious mental illness (SMI), as defined in the then current edition of the Diagnostic and Statistical Manual of Mental Disorders. The term specifically excludes the primary diagnosis of epilepsy, a substance use disorder, an intellectual disability, alcoholism, or a developmental disability.

(8) OUTPATIENT TREATMENT. Treatment being provided to an individual in a nonresidential setting who is not admitted for 24-hour-a-day care.

(9) REAL AND PRESENT THREAT OF SUBSTANTIAL HARM TO SELF OR OTHERS. A significant risk that an individual who is exhibiting behavior consistent with a mental illness, as a result of the mental illness, will do either of the following:

a. By action or inaction, cause, allow, or inflict serious bodily harm upon himself, herself, or another individual.

b. Be unable to satisfy his or her need for nourishment, medical care, shelter, or self-protection so that there is a substantial likelihood of death, serious bodily harm, serious physical debilitation, serious mental debilitation, or life-threatening disease.

(10) RESPONDENT. An individual for whom a petition for commitment to mental health services has been filed.

(11) STATE MENTAL HEALTH FACILITY. A mental health facility operated by the department.

(12) SUBSTANCE USE DISORDER. A cluster of cognitive, behavioral, and physiological symptoms indicating that the individual continues using a substance despite significant substance-related problems, such as impaired control, social impairment, risky behaviors, and pharmacological tolerance and withdrawal.

(b) The Legislature finds for purposes of this article substance use disorder is commonly associated with mental illness and providers who provide these services serve a public purpose.