Authority

Hospitalization. to Evaluate a Person for Involuntary

(a)A qualified mental health professional shall perform an examination of any person alleged to have a mental illness and who as a result thereof is a danger to self, a danger to others or gravely disabled.

(b)A qualified mental health professional shall form an opinion as to whether the person does have a mental illness, and as a result thereof is a danger to self, a danger to others or gravely disabled. The findings of the examination shall be reduced to writing and recorded on the ‘72-hour hold application’. The application shall specify the circumstances under which the person's condition was brought to the attention of the qualified health professional his conclusion that there is probable cause that the person is a danger to self, a danger to others or gravely disabled as a result of a mental disorder.

(c)If a person is admitted to a treatment facility pursuant to a qualified health professional's opinion that he or she is a danger to self, a danger to others or gravely disabled as a result of a mental disorder, he or she may detained for evaluation and treatment for a period not to exceed 72 hours, Saturdays, Sundays and holidays excluded.

(d)If in the judgment of the qualified health professional providing the evaluation or treatment, the person can be properly treated without being detained, the person shall be provided an evaluation, crisis intervention and referral for other services on a voluntary basis.

(e)Each person admitted for a 72-hour evaluation and treatment shall be released prior to the lapse of that period, if in the opinion of the qualified mental health professional that person no longer requires evaluation or treatment on a involuntary status. A person may stay longer than 72 hours for treatment on a voluntary basis if that is clinically indicated. COL622016 CH. 82 MENTALLY ILL PERSONS

(f)At the end of the 72-hour period, a person who has been detained for evaluation shall:

(1)be referred for further care and treatment on a voluntary basis; or

(2)be certified for intensive treatment on the 28-day certification as provided in this Title; or

(3)released from inpatient care.

(g)Neither a qualified mental health professional who has ordered the detention of a person under this Chapter; nor a person on the staff at the facility shall be held liable under a criminal or civil action for the detention of the person in accordance with this Chapter for up to 72 hours, Saturdays, Sundays and holidays excepted.

(h)If, in the judgment of the qualified health professional providing the evaluation or treatment, the person can be properly treated without being detained, the person shall be provided an evaluation, crisis intervention, and referral for other services under an Assisted Outpatient Treatment Order when the person:

(1)is a current or former client of GBHWC suffering from a mental illness;

(2)as a result of mental illness, is unlikely to voluntarily participate in outpatient treatment that would enable him or her to live safely in the community;

(3)has a history of poor treatment compliance for mental illness; and

(4)in view of his or her treatment and current behavior, is in need of assisted outpatient treatment in order to prevent relapse or deterioration which would likely result in:

(A)a substantial risk of physical harm to the consumer as manifested by threats or attempts at suicide or serious bodily harm or conduct demonstrating that the consumer is dangerous to himself or herself, or

(B)a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm. COL622016 CH. 82 MENTALLY ILL PERSONS