§ 122C‑273. Duties forfollow‑up on commitment order.
(a) Unless prohibitedby Chapter 90 of the General Statutes, if the commitment order directsoutpatient treatment, the outpatient treatment physician may prescribe oradminister, or the center may administer, to the respondent reasonable andappropriate medication and treatment that are consistent with accepted medicalstandards.
(1) If the respondentfails to comply or clearly refuses to comply with all or part of the prescribedtreatment, the physician, the physician's designee, or the center shall makeall reasonable effort to solicit the respondent's compliance. These effortsshall be documented and reported to the court with a request for a supplementalhearing.
(2) If the respondentfails to comply, but does not clearly refuse to comply, with all or part of theprescribed treatment after reasonable effort to solicit the respondent'scompliance, the physician, the physician's designee, or the center may requestthe court to order the respondent taken into custody for the purpose ofexamination. Upon receipt of this request, the clerk shall issue an order to alaw‑enforcement officer to take the respondent into custody and to takehim immediately to the designated outpatient treatment physician or center forexamination. The custody order is valid throughout the State. The law‑enforcementofficer shall turn the respondent over to the custody of the physician orcenter who shall conduct the examination and then release the respondent. Thelaw‑enforcement officer may wait during the examination and return therespondent to his home after the examination. An examination conducted underthis subsection in which a physician or eligible psychologist determines thatthe respondent meets the criteria for inpatient commitment may be substitutedfor the first examination required by G.S. 122C‑263 if the clerk ormagistrate issues a custody order within six hours after the examination wasperformed.
(3) In no case may therespondent be physically forced to take medication or forcibly detained fortreatment unless he poses an immediate danger to himself or others. In suchcases inpatient commitment proceedings shall be initiated.
(4) At any time that theoutpatient treatment physician or center finds that the respondent no longermeets the criteria set out in G.S. 122C‑263(d)(1), the physician orcenter shall so notify the court and the case shall be terminated; provided,however, if the respondent was initially committed as a result of conductresulting in his being charged with a violent crime, including a crimeinvolving an assault with a deadly weapon, and the respondent was foundincapable of proceeding, the designated outpatient treatment physician orcenter shall notify the clerk that discharge is recommended. The clerk shallcalendar a supplemental hearing as provided in G.S. 122C‑274 to determinewhether the respondent meets the criteria for outpatient commitment.
(5) Any individual whohas knowledge that a respondent on outpatient commitment has become dangerousto himself, as defined by G.S. 122C‑3(11)a., and others, as defined inG.S. 122C‑3(11)b., may initiate a new petition for inpatient commitmentas provided in this Part. If the respondent is committed as an inpatient, theoutpatient commitment shall be terminated and notice sent by the clerk of courtin the county where the respondent is committed as an inpatient to the clerk ofcourt of the county where the outpatient commitment is being supervised.
(b) If the respondenton outpatient commitment intends to move or moves to another county within theState, the designated outpatient treatment physician or center shall requestthat the clerk of court in the county where the outpatient commitment is beingsupervised calendar a supplemental hearing.
(c) If the respondentmoves to another state or to an unknown location, the designated outpatienttreatment physician or center shall notify the clerk of superior court of thecounty where the outpatient commitment is supervised and the outpatientcommitment shall be terminated.
(d) If the commitmentorder directs inpatient treatment, the physician attending the respondent mayadminister to the respondent reasonable and appropriate medication andtreatment that are consistent with accepted medical standards. The attendingphysician shall release or discharge the respondent in accordance with G.S.122C‑277. (1983,c. 638, s. 16; c. 864, s. 4; 1985, c. 589, s. 2; 1985 (Reg. Sess., 1986), c.863, ss. 23‑26; 1989 (Reg. Sess., 1990), c. 823, s. 9; 1991, c. 37, s.14; 2004‑23, s. 2(b).)
§ 122C‑273. Duties forfollow‑up on commitment order.
(a) Unless prohibitedby Chapter 90 of the General Statutes, if the commitment order directsoutpatient treatment, the outpatient treatment physician may prescribe oradminister, or the center may administer, to the respondent reasonable andappropriate medication and treatment that are consistent with accepted medicalstandards.
(1) If the respondentfails to comply or clearly refuses to comply with all or part of the prescribedtreatment, the physician, the physician's designee, or the center shall makeall reasonable effort to solicit the respondent's compliance. These effortsshall be documented and reported to the court with a request for a supplementalhearing.
(2) If the respondentfails to comply, but does not clearly refuse to comply, with all or part of theprescribed treatment after reasonable effort to solicit the respondent'scompliance, the physician, the physician's designee, or the center may requestthe court to order the respondent taken into custody for the purpose ofexamination. Upon receipt of this request, the clerk shall issue an order to alaw‑enforcement officer to take the respondent into custody and to takehim immediately to the designated outpatient treatment physician or center forexamination. The custody order is valid throughout the State. The law‑enforcementofficer shall turn the respondent over to the custody of the physician orcenter who shall conduct the examination and then release the respondent. Thelaw‑enforcement officer may wait during the examination and return therespondent to his home after the examination. An examination conducted underthis subsection in which a physician or eligible psychologist determines thatthe respondent meets the criteria for inpatient commitment may be substitutedfor the first examination required by G.S. 122C‑263 if the clerk ormagistrate issues a custody order within six hours after the examination wasperformed.
(3) In no case may therespondent be physically forced to take medication or forcibly detained fortreatment unless he poses an immediate danger to himself or others. In suchcases inpatient commitment proceedings shall be initiated.
(4) At any time that theoutpatient treatment physician or center finds that the respondent no longermeets the criteria set out in G.S. 122C‑263(d)(1), the physician orcenter shall so notify the court and the case shall be terminated; provided,however, if the respondent was initially committed as a result of conductresulting in his being charged with a violent crime, including a crimeinvolving an assault with a deadly weapon, and the respondent was foundincapable of proceeding, the designated outpatient treatment physician orcenter shall notify the clerk that discharge is recommended. The clerk shallcalendar a supplemental hearing as provided in G.S. 122C‑274 to determinewhether the respondent meets the criteria for outpatient commitment.
(5) Any individual whohas knowledge that a respondent on outpatient commitment has become dangerousto himself, as defined by G.S. 122C‑3(11)a., and others, as defined inG.S. 122C‑3(11)b., may initiate a new petition for inpatient commitmentas provided in this Part. If the respondent is committed as an inpatient, theoutpatient commitment shall be terminated and notice sent by the clerk of courtin the county where the respondent is committed as an inpatient to the clerk ofcourt of the county where the outpatient commitment is being supervised.
(b) If the respondenton outpatient commitment intends to move or moves to another county within theState, the designated outpatient treatment physician or center shall requestthat the clerk of court in the county where the outpatient commitment is beingsupervised calendar a supplemental hearing.
(c) If the respondentmoves to another state or to an unknown location, the designated outpatienttreatment physician or center shall notify the clerk of superior court of thecounty where the outpatient commitment is supervised and the outpatientcommitment shall be terminated.
(d) If the commitmentorder directs inpatient treatment, the physician attending the respondent mayadminister to the respondent reasonable and appropriate medication andtreatment that are consistent with accepted medical standards. The attendingphysician shall release or discharge the respondent in accordance with G.S.122C‑277. (1983,c. 638, s. 16; c. 864, s. 4; 1985, c. 589, s. 2; 1985 (Reg. Sess., 1986), c.863, ss. 23‑26; 1989 (Reg. Sess., 1990), c. 823, s. 9; 1991, c. 37, s.14; 2004‑23, s. 2(b).)
§ 122C‑273. Duties forfollow‑up on commitment order.
(a) Unless prohibitedby Chapter 90 of the General Statutes, if the commitment order directsoutpatient treatment, the outpatient treatment physician may prescribe oradminister, or the center may administer, to the respondent reasonable andappropriate medication and treatment that are consistent with accepted medicalstandards.
(1) If the respondentfails to comply or clearly refuses to comply with all or part of the prescribedtreatment, the physician, the physician's designee, or the center shall makeall reasonable effort to solicit the respondent's compliance. These effortsshall be documented and reported to the court with a request for a supplementalhearing.
(2) If the respondentfails to comply, but does not clearly refuse to comply, with all or part of theprescribed treatment after reasonable effort to solicit the respondent'scompliance, the physician, the physician's designee, or the center may requestthe court to order the respondent taken into custody for the purpose ofexamination. Upon receipt of this request, the clerk shall issue an order to alaw‑enforcement officer to take the respondent into custody and to takehim immediately to the designated outpatient treatment physician or center forexamination. The custody order is valid throughout the State. The law‑enforcementofficer shall turn the respondent over to the custody of the physician orcenter who shall conduct the examination and then release the respondent. Thelaw‑enforcement officer may wait during the examination and return therespondent to his home after the examination. An examination conducted underthis subsection in which a physician or eligible psychologist determines thatthe respondent meets the criteria for inpatient commitment may be substitutedfor the first examination required by G.S. 122C‑263 if the clerk ormagistrate issues a custody order within six hours after the examination wasperformed.
(3) In no case may therespondent be physically forced to take medication or forcibly detained fortreatment unless he poses an immediate danger to himself or others. In suchcases inpatient commitment proceedings shall be initiated.
(4) At any time that theoutpatient treatment physician or center finds that the respondent no longermeets the criteria set out in G.S. 122C‑263(d)(1), the physician orcenter shall so notify the court and the case shall be terminated; provided,however, if the respondent was initially committed as a result of conductresulting in his being charged with a violent crime, including a crimeinvolving an assault with a deadly weapon, and the respondent was foundincapable of proceeding, the designated outpatient treatment physician orcenter shall notify the clerk that discharge is recommended. The clerk shallcalendar a supplemental hearing as provided in G.S. 122C‑274 to determinewhether the respondent meets the criteria for outpatient commitment.
(5) Any individual whohas knowledge that a respondent on outpatient commitment has become dangerousto himself, as defined by G.S. 122C‑3(11)a., and others, as defined inG.S. 122C‑3(11)b., may initiate a new petition for inpatient commitmentas provided in this Part. If the respondent is committed as an inpatient, theoutpatient commitment shall be terminated and notice sent by the clerk of courtin the county where the respondent is committed as an inpatient to the clerk ofcourt of the county where the outpatient commitment is being supervised.
(b) If the respondenton outpatient commitment intends to move or moves to another county within theState, the designated outpatient treatment physician or center shall requestthat the clerk of court in the county where the outpatient commitment is beingsupervised calendar a supplemental hearing.
(c) If the respondentmoves to another state or to an unknown location, the designated outpatienttreatment physician or center shall notify the clerk of superior court of thecounty where the outpatient commitment is supervised and the outpatientcommitment shall be terminated.
(d) If the commitmentorder directs inpatient treatment, the physician attending the respondent mayadminister to the respondent reasonable and appropriate medication andtreatment that are consistent with accepted medical standards. The attendingphysician shall release or discharge the respondent in accordance with G.S.122C‑277. (1983,c. 638, s. 16; c. 864, s. 4; 1985, c. 589, s. 2; 1985 (Reg. Sess., 1986), c.863, ss. 23‑26; 1989 (Reg. Sess., 1990), c. 823, s. 9; 1991, c. 37, s.14; 2004‑23, s. 2(b).)
