§334-59  Emergency examination andhospitalization.  (a)  Initiation of proceedings.  An emergency admissionmay be initiated as follows:

(1)  If a police officer has reason to believe that aperson is imminently dangerous to self or others, or is gravely disabled, or isobviously ill, the officer shall call for assistance from the mental healthemergency workers designated by the director.  Upon determination by the mentalhealth emergency workers that the person is imminently dangerous to self orothers, or is gravely disabled, or is obviously ill, the person shall betransported by ambulance or other suitable means, to a licensed psychiatricfacility for further evaluation and possible emergency hospitalization.  Apolice officer may also take into custody and transport to any facilitydesignated by the director any person threatening or attempting suicide.  Theofficer shall make application for the examination, observation, and diagnosisof the person in custody.  The application shall state or shall be accompaniedby a statement of the circumstances under which the person was taken intocustody and the reasons therefor which shall be transmitted with the person toa physician or psychologist at the facility.

(2)  Upon written or oral application of any licensedphysician, psychologist, attorney, member of the clergy, health or socialservice professional, or any state or county employee in the course ofemployment, a judge may issue an ex parte order orally, but shall reduce theorder to writing by the close of the next court day following the application,stating that there is probable cause to believe the person is mentally ill orsuffering from substance abuse, is imminently dangerous to self or others, oris gravely disabled, or is obviously ill, and in need of care or treatment, orboth, giving the findings on which the conclusion is based, and directing thata police officer or other suitable individual take the person into custody anddeliver the person to the nearest facility designated by the director foremergency examination and treatment.  The ex parte order shall be made a partof the patient's clinical record.  If the application is oral, the personmaking the application shall reduce the application to writing and shall submitthe same by noon of the next court day to the judge who issued the oral exparte order.  The written application shall be executed subject to thepenalties of perjury but need not be sworn to before a notary public.

(3)  Any licensed physician, physician assistant, orpsychologist who has examined a person and has reason to believe the person is:

(A)  Mentally ill or suffering from substanceabuse;

(B)  Imminently dangerous to self or others, oris gravely disabled, or is obviously ill; and

(C)  In need of care or treatment;

may direct transportation, by ambulance or othersuitable means, to a licensed psychiatric facility for further evaluation andpossible emergency hospitalization.  A licensed physician or physicianassistant may administer treatment as is medically necessary, for the person'ssafe transportation.  A licensed psychologist may administer treatment as ispsychologically necessary.

(b)  Emergency examination.  A patient who isdelivered for emergency examination and treatment to a facility designated bythe director shall be examined by a licensed physician without unnecessarydelay, and may be given such treatment as is indicated by good medicalpractice.  A psychiatrist or psychologist may further examine the patient todiagnose the presence or absence of a mental disorder, assess the risk that thepatient may be dangerous to self or others, or is gravely disabled, or isobviously ill, and assess whether or not the patient needs to be hospitalized.

(c)  Release from emergency examination.  Ifthe physician who performs the emergency examination, in consultation with apsychologist if applicable, concludes that the patient need not behospitalized, the patient shall be discharged immediately unless the patient isunder criminal charges, in which case the patient shall be returned to thecustody of a law enforcement officer.

(d)  Emergency hospitalization.  If thephysician or the psychologist who performs the emergency examination has reasonto believe that the patient is:

(1)  Mentally ill or suffering from substance abuse;

(2)  Imminently dangerous to self or others, or isgravely disabled, or is obviously ill; and

(3)  In need of care or treatment, or both;

the physician or the psychologist may direct thatthe patient be hospitalized on an emergency basis or cause the patient to betransferred to another psychiatric facility for emergency hospitalization, orboth.  The patient shall have the right immediately upon admission to telephonethe patient’s guardian or a family member including a reciprocal beneficiary,or an adult friend and an attorney.  If the patient declines to exercise thatright, the staff of the facility shall inform the adult patient of the right towaive notification to the family including a reciprocal beneficiary, and shallmake reasonable efforts to ensure that the patient’s guardian or familyincluding a reciprocal beneficiary, is notified of the emergency admission butthe patient’s family including a reciprocal beneficiary, need not be notifiedif the patient is an adult and requests that there be no notification.  Thepatient shall be allowed to confer with an attorney in private.

(e)  Release from emergency hospitalization. If at any time during the period of emergency hospitalization the responsiblephysician concludes that the patient no longer meets the criteria for emergencyhospitalization the physician shall discharge the patient.  If the patient isunder criminal charges, the patient shall be returned to the custody of a lawenforcement officer.  In any event, the patient must be released withinforty-eight hours of the patient’s admission, unless the patient voluntarilyagrees to further hospitalization, or a proceeding for court-ordered evaluationor hospitalization, or both, is initiated as provided in section 334-60.3.  Ifthat time expires on a Saturday, Sunday, or holiday, the time for initiation isextended to the close of the next court day.  Upon initiation of theproceedings the facility shall be authorized to detain the patient untilfurther order of the court. [L 1976, c 130, pt of §4; am L 1977, c 76, pt of§3; am L 1984, c 188, §1; am L 1985, c 68, §6; am L 1986, c 335, §§2, 3; am L1992, c 138, §1; gen ch 1993; am L 1994, c 58, §1; am L 1997, c 383, §45; am L2009, c 151, §15]

 

Case Notes

 

  Several provisions of section held to violate FOURTEENTHAmendment due process rights.  438 F. Supp. 1106.