§ 23-1.10-11 Emergency commitment. –(a) An intoxicated person who (1) has threatened, attempted, or inflictedphysical harm on himself or herself or another and is likely to inflictphysical harm on himself or herself or another unless committed, or (2) isincapacitated by alcohol, may be committed to an approved public treatmentfacility for emergency treatment. A refusal to undergo treatment does notconstitute evidence of lack of judgment as to the need for treatment.
(b) The certifying physician, spouse, guardian, or relativeof the person to be committed, or any other responsible person, may make awritten application for commitment under this section, directed to theadministrator of the approved public treatment facility. The application shallstate facts to support the need for emergency treatment and be accompanied by aphysician's certificate stating that he or she has examined the person soughtto be committed within two (2) days before the certificate's date and factssupporting the need for emergency treatment.
(c) Upon approval of the application by the administrator incharge of the approved public treatment facility, the person shall be broughtto the facility by a peace officer, health officer, the applicant forcommitment, the patient's spouse, the patient's guardian, or any otherinterested person. The person shall be retained at the facility to which he orshe was admitted, or transferred to another appropriate public or privatetreatment facility, until discharged under subsection (e).
(d) The administrator in charge of an approved publictreatment facility shall refuse an application if in his or her opinion theapplication and certificate failed to sustain the grounds for commitment.
(e) When, on the advice of the medical staff, theadministrator determines that the grounds for commitment no longer exist, he orshe shall discharge a person committed under this section. No person committedunder this section may be detained in any treatment facility for more than ten(10) days. If a petition for involuntary commitment under § 23-1.10-12 hasbeen filed within the ten (10) days and the administrator in charge of anapproved public treatment facility finds that grounds for emergency commitmentstill exist, he or she may detain the person until the petition has been heardand determined, but no longer than ten (10) days after filing the petition.
(f) A copy of the written application for commitment and ofthe physician's certificate, and a written explanation of the person's right tocounsel, shall be given to the person within twenty-four (24) hours aftercommitment by the administrator, who shall provide a reasonable opportunity forthe person to consult counsel.
§ 23-1.10-11 Emergency commitment. –(a) An intoxicated person who (1) has threatened, attempted, or inflictedphysical harm on himself or herself or another and is likely to inflictphysical harm on himself or herself or another unless committed, or (2) isincapacitated by alcohol, may be committed to an approved public treatmentfacility for emergency treatment. A refusal to undergo treatment does notconstitute evidence of lack of judgment as to the need for treatment.
(b) The certifying physician, spouse, guardian, or relativeof the person to be committed, or any other responsible person, may make awritten application for commitment under this section, directed to theadministrator of the approved public treatment facility. The application shallstate facts to support the need for emergency treatment and be accompanied by aphysician's certificate stating that he or she has examined the person soughtto be committed within two (2) days before the certificate's date and factssupporting the need for emergency treatment.
(c) Upon approval of the application by the administrator incharge of the approved public treatment facility, the person shall be broughtto the facility by a peace officer, health officer, the applicant forcommitment, the patient's spouse, the patient's guardian, or any otherinterested person. The person shall be retained at the facility to which he orshe was admitted, or transferred to another appropriate public or privatetreatment facility, until discharged under subsection (e).
(d) The administrator in charge of an approved publictreatment facility shall refuse an application if in his or her opinion theapplication and certificate failed to sustain the grounds for commitment.
(e) When, on the advice of the medical staff, theadministrator determines that the grounds for commitment no longer exist, he orshe shall discharge a person committed under this section. No person committedunder this section may be detained in any treatment facility for more than ten(10) days. If a petition for involuntary commitment under § 23-1.10-12 hasbeen filed within the ten (10) days and the administrator in charge of anapproved public treatment facility finds that grounds for emergency commitmentstill exist, he or she may detain the person until the petition has been heardand determined, but no longer than ten (10) days after filing the petition.
(f) A copy of the written application for commitment and ofthe physician's certificate, and a written explanation of the person's right tocounsel, shall be given to the person within twenty-four (24) hours aftercommitment by the administrator, who shall provide a reasonable opportunity forthe person to consult counsel.
§ 23-1.10-11 Emergency commitment. –(a) An intoxicated person who (1) has threatened, attempted, or inflictedphysical harm on himself or herself or another and is likely to inflictphysical harm on himself or herself or another unless committed, or (2) isincapacitated by alcohol, may be committed to an approved public treatmentfacility for emergency treatment. A refusal to undergo treatment does notconstitute evidence of lack of judgment as to the need for treatment.
(b) The certifying physician, spouse, guardian, or relativeof the person to be committed, or any other responsible person, may make awritten application for commitment under this section, directed to theadministrator of the approved public treatment facility. The application shallstate facts to support the need for emergency treatment and be accompanied by aphysician's certificate stating that he or she has examined the person soughtto be committed within two (2) days before the certificate's date and factssupporting the need for emergency treatment.
(c) Upon approval of the application by the administrator incharge of the approved public treatment facility, the person shall be broughtto the facility by a peace officer, health officer, the applicant forcommitment, the patient's spouse, the patient's guardian, or any otherinterested person. The person shall be retained at the facility to which he orshe was admitted, or transferred to another appropriate public or privatetreatment facility, until discharged under subsection (e).
(d) The administrator in charge of an approved publictreatment facility shall refuse an application if in his or her opinion theapplication and certificate failed to sustain the grounds for commitment.
(e) When, on the advice of the medical staff, theadministrator determines that the grounds for commitment no longer exist, he orshe shall discharge a person committed under this section. No person committedunder this section may be detained in any treatment facility for more than ten(10) days. If a petition for involuntary commitment under § 23-1.10-12 hasbeen filed within the ten (10) days and the administrator in charge of anapproved public treatment facility finds that grounds for emergency commitmentstill exist, he or she may detain the person until the petition has been heardand determined, but no longer than ten (10) days after filing the petition.
(f) A copy of the written application for commitment and ofthe physician's certificate, and a written explanation of the person's right tocounsel, shall be given to the person within twenty-four (24) hours aftercommitment by the administrator, who shall provide a reasonable opportunity forthe person to consult counsel.
