State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-265

§ 122C‑265.  Outpatientcommitment; examination and treatment pending hearing.

(a)        If a respondent,who has been recommended for outpatient commitment by an examining physician oreligible psychologist different from the proposed outpatient treatment physicianor center, fails to appear for examination by the proposed outpatient treatmentphysician or center at the designated time, the physician or center shallnotify the clerk of superior court who shall issue an order to a law‑enforcementofficer or other person authorized under G.S. 122C‑251 to take therespondent into custody and take him immediately to the outpatient treatmentphysician or center for evaluation. The custody order is valid throughout theState. The law‑enforcement officer may wait during the examination andreturn the respondent to his home after the examination.

(b)        The examiningphysician or the proposed outpatient treatment physician or center mayprescribe to the respondent reasonable and appropriate medication and treatmentthat are consistent with accepted medical standards pending the district courthearing.

(c)        In no event may arespondent released on a recommendation that he meets the outpatient commitmentcriteria be physically forced to take medication or forceably detained for treatmentpending a district court hearing.

(d)        If at any timepending the district court hearing the outpatient treatment physician or centerdetermines that the respondent does not meet the criteria of G.S. 122C‑263(d)(1),he shall release the respondent and notify the clerk of court and theproceedings shall be terminated.

(e)        If a respondentbecomes dangerous to himself, as defined in G.S. 122C‑3(11)a., or others,as defined in G.S. 122C‑3(11)b.,  pending a district court hearing onoutpatient commitment, new proceedings for involuntary inpatient commitment maybe initiated.

(f)         If an inpatientcommitment proceeding is initiated pending the hearing for outpatientcommitment and the respondent is admitted to a 24‑hour facility to beheld for an inpatient commitment hearing, notice shall be sent by the clerk ofcourt in the county where the respondent is being held to the clerk of court ofthe county where the outpatient commitment was initiated and the outpatientcommitment proceeding shall be terminated. (1983, c. 638, s. 11; c. 864, s. 4; 1985, c. 589, s.2; c. 695, s. 6; 1989 (Reg. Sess., 1990), c. 823, s. 5; 1991, c. 636, s. 2(2);c. 761, s. 49; 2004‑23, s. 2(a).)