229.4 RIGHT TO RELEASE ON APPLICATION.
A voluntary patient who requests release or whose release is
requested, in writing, by the patient's legal guardian, parent,
spouse or adult next of kin shall be released from the hospital
forthwith, except that:
1. If the patient was admitted on the patient's own application
and the request for release is made by some other person, release may
be conditioned upon the agreement of the patient.
2. If the patient is a minor who was admitted on the application
of the patient's parent, guardian or custodian pursuant to section
229.2, subsection 1, the patient's release prior to becoming eighteen
years of age may be conditioned upon the consent of the parent,
guardian or custodian, or upon the approval of the juvenile court if
the admission was approved by the juvenile court; and
3. If the chief medical officer of the hospital, not later than
the end of the next secular day on which the office of the clerk of
the district court for the county in which the hospital is located is
open and which follows the submission of the written request for
release of the patient, files with that clerk a certification that in
the chief medical officer's opinion the patient is seriously mentally
impaired, the release may be postponed for the period of time the
court determines is necessary to permit commencement of judicial
procedure for involuntary hospitalization. That period of time may
not exceed five days, exclusive of days on which the clerk's office
is not open unless the period of time is extended by order of a
district court judge for good cause shown. Until disposition of the
application for involuntary hospitalization of the patient, if one is
timely filed, the chief medical officer may detain the patient in the
hospital and may provide treatment which is necessary to preserve the
patient's life, or to appropriately control behavior by the patient
which is likely to result in physical injury to the patient or to
others if allowed to continue, but may not otherwise provide
treatment to the patient without the patient's consent.
Section History: Early Form
[C50, 54, 58, 62, 66, 71, 73, 75, § 229.41; C77, 79, 81, § 229.4]
Referred to in § 222.55, 229.23
229.4 RIGHT TO RELEASE ON APPLICATION.
A voluntary patient who requests release or whose release is
requested, in writing, by the patient's legal guardian, parent,
spouse or adult next of kin shall be released from the hospital
forthwith, except that:
1. If the patient was admitted on the patient's own application
and the request for release is made by some other person, release may
be conditioned upon the agreement of the patient.
2. If the patient is a minor who was admitted on the application
of the patient's parent, guardian or custodian pursuant to section
229.2, subsection 1, the patient's release prior to becoming eighteen
years of age may be conditioned upon the consent of the parent,
guardian or custodian, or upon the approval of the juvenile court if
the admission was approved by the juvenile court; and
3. If the chief medical officer of the hospital, not later than
the end of the next secular day on which the office of the clerk of
the district court for the county in which the hospital is located is
open and which follows the submission of the written request for
release of the patient, files with that clerk a certification that in
the chief medical officer's opinion the patient is seriously mentally
impaired, the release may be postponed for the period of time the
court determines is necessary to permit commencement of judicial
procedure for involuntary hospitalization. That period of time may
not exceed five days, exclusive of days on which the clerk's office
is not open unless the period of time is extended by order of a
district court judge for good cause shown. Until disposition of the
application for involuntary hospitalization of the patient, if one is
timely filed, the chief medical officer may detain the patient in the
hospital and may provide treatment which is necessary to preserve the
patient's life, or to appropriately control behavior by the patient
which is likely to result in physical injury to the patient or to
others if allowed to continue, but may not otherwise provide
treatment to the patient without the patient's consent.
Section History: Early Form
[C50, 54, 58, 62, 66, 71, 73, 75, § 229.41; C77, 79, 81, § 229.4]
Referred to in § 222.55, 229.23
229.4 RIGHT TO RELEASE ON APPLICATION.
A voluntary patient who requests release or whose release is
requested, in writing, by the patient's legal guardian, parent,
spouse or adult next of kin shall be released from the hospital
forthwith, except that:
1. If the patient was admitted on the patient's own application
and the request for release is made by some other person, release may
be conditioned upon the agreement of the patient.
2. If the patient is a minor who was admitted on the application
of the patient's parent, guardian or custodian pursuant to section
229.2, subsection 1, the patient's release prior to becoming eighteen
years of age may be conditioned upon the consent of the parent,
guardian or custodian, or upon the approval of the juvenile court if
the admission was approved by the juvenile court; and
3. If the chief medical officer of the hospital, not later than
the end of the next secular day on which the office of the clerk of
the district court for the county in which the hospital is located is
open and which follows the submission of the written request for
release of the patient, files with that clerk a certification that in
the chief medical officer's opinion the patient is seriously mentally
impaired, the release may be postponed for the period of time the
court determines is necessary to permit commencement of judicial
procedure for involuntary hospitalization. That period of time may
not exceed five days, exclusive of days on which the clerk's office
is not open unless the period of time is extended by order of a
district court judge for good cause shown. Until disposition of the
application for involuntary hospitalization of the patient, if one is
timely filed, the chief medical officer may detain the patient in the
hospital and may provide treatment which is necessary to preserve the
patient's life, or to appropriately control behavior by the patient
which is likely to result in physical injury to the patient or to
others if allowed to continue, but may not otherwise provide
treatment to the patient without the patient's consent.
Section History: Early Form
[C50, 54, 58, 62, 66, 71, 73, 75, § 229.41; C77, 79, 81, § 229.4]
Referred to in § 222.55, 229.23
