Gov. Andy Beshear signed House Bill 362 into law Monday, which provides updates to Casey’s Law. The changes come amidst recent challenges to the law that called it unconstitutional.
“Casey’s Law is court-ordered treatment upon the petition of the court by a loved one to help individuals suffering with substance use disorders get the treatment they need,” said Rep. Kim Moser (R-Taylor Mill), the primary sponsor of the bill, during the Senate Health and Welfare committee in March.
On hand to testify was Charlotte Wethington, Casey’s Mom. She has been fighting for the law since 2002, when her son Matthew “Casey” Wethington died of an overdose. The law passed in 2004, but Wethington’s persistence has remained steadfast to help other addicts get the help they need.
“There was no law when Casey died,” Wethington said. “We had nothing, but for the past 18 years because of Casey’s life and death, we have had a lot of methods enable families to intervene on their loved ones before incarceration or death.”
The update will allow healthcare professionals that perform examinations possibly to get subpoenaed for cross-examination in court cases involving court-ordered treatment. The other change is a “beyond reasonable doubt standard that an individual has to meet before he or she can be committed to treatment,” said Blake Christopher, the deputy general counsel and director of Public Policy.
“HB362 also confirms that an order of treatment shall be issued upon finding proof beyond a reasonable doubt,” Beshear said Monday in a series of Tweets. “We must do what we can to help more of our people achieve recovery and avoid the tragedies of addiction.”
Moser worked with Attorney General Daniel Cameron’s office on the changes. Christopher testified on behalf of the bill at the Senate H&W committee meeting. He talked about how the practice of medical professionals testifying in cases is already common practice.
“We believe that it’s existing law that those individuals who submit medical testimony saying this person needs to go to treatment,” Christopher said. “We think it’s existing law that they can be subpoenaed and required to testify is available for cross-examination.”
However, some disagree with this change and the other change in the law. The case details are sealed because of healthcare issues’ privacy rules. Christopher noted that the changes made in HB362 would be of particular interest to the court and what the General Assembly did with this bill.
“We know from reports from the AOC (Kentucky Administrative Office-Courts) that it is being used, and we know from anecdotal records that it is being successful,” Wethington said. “And we have never heard of anybody that has talked with us or written us that they have felt that their rights were violated.”
