36-542. Discharge of patient at expiration of
period ordered by court; change to voluntary status; relief from
civil liability
A. A patient ordered by a court to undergo treatment as a danger to others, a
danger to self or persistently or acutely disabled shall be discharged from treatment at
the expiration of the period of treatment ordered unless one of the following occurs:
1. The person accepts voluntary treatment at the mental health treatment agency.
2. Prior to the discharge date, a new petition is filed in the county in which the
patient is being treated. The proceedings shall then be governed by this article. The
costs of the proceedings shall be a charge against the county in which the patient
resided or was found prior to hospitalization.
B. If a patient to be discharged is under guardianship, the medical director of the
mental health treatment agency shall notify the guardian ten days prior to discharge.
C. The medical director shall not be held civilly liable for any acts committed by
a discharged patient if the medical director has in good faith followed the requirements
of this article.
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