Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)
Chapter 3: MENTAL HEALTH
Subchapter 4: HOSPITALIZATION
Article 3: INVOLUNTARY HOSPITALIZATION
§3863. Emergency procedure
A person may be admitted to a psychiatric hospital on an emergency basis according to the following procedures. [2007, c. 319, §9 (AMD).]
1.Application. Any health officer, law enforcement officer or other person may make a written application to admit a person to a psychiatric hospital, subject to the prohibitions and penalties of section 3805, stating:
A. The person's belief that the person is mentally ill and, because of the person's illness, poses a likelihood of serious harm; and [2007, c. 319, §9 (AMD).]
B. The grounds for this belief. [1983, c. 459, §7 (NEW).]
[
2007, c. 319, §9 (AMD)
.]
2.Certifying examination. The written application must be accompanied by a dated certificate, signed by a licensed physician, physician's assistant,
certified psychiatric clinical nurse specialist, nurse practitioner or licensed clinical psychologist, stating:
A. The physician, physician's assistant, certified psychiatric clinical nurse specialist, nurse practitioner or psychologist
has examined the person on the date of the certificate; and [1997, c. 683, Pt. B, §23 (RPR).]
B. The physician, physician's assistant, certified psychiatric clinical nurse specialist, nurse practitioner or psychologist
is of the opinion that the person is mentally ill and, because of that illness, poses a likelihood of serious harm. The written
certificate must include a description of the grounds for that opinion. [2005, c. 519, Pt. BBBB, §5 (AMD); 2005, c. 519, Pt. BBBB, §20 (AFF).]
[
2007, c. 319, §9 (AMD)
.]
2-A.Custody agreement. A state, county or municipal law enforcement agency may meet with representatives of those public and private health practitioners
and health care facilities that are willing and qualified to perform the certifying examination required by this section in
order to attempt to work out a procedure for the custody of the person who is to be examined while that person is waiting
for that examination. Any agreement must be written and signed by and filed with all participating parties. In the event
of failure to work out an agreement that is satisfactory to all participating parties, the procedures of section 3862 and
this section continue to apply.
As part of an agreement the law enforcement officer requesting certification may transfer protective custody of the person
for whom the certification is requested to another law enforcement officer, a health officer if that officer agrees or the
chief administrative officer of a public or private health practitioner or health facility or the chief administrative officer's
designee. Any arrangement of this sort must be part of the written agreement between the law enforcement agency and the health
practitioner or health care facility. In the event of a transfer, the law enforcement officer seeking the transfer shall
provide the written application required by this section.
A person with mental illness may not be detained or confined in any jail or local correctional or detention facility, whether
pursuant to the procedures described in section 3862, pursuant to a custody agreement or under any other circumstances, unless that person is being lawfully detained in relation to or is serving a sentence for
commission of a crime.
[
2007, c. 319, §9 (AMD)
.]
3.Judicial review. The application and accompanying certificate must be reviewed by a Justice of the Superior Court, Judge of the District
Court, Judge of Probate or a justice of the peace, who may review the original application and accompanying certificate or a facsimile transmission of them.
A. If the judge or justice finds the application and accompanying certificate to be regular and in accordance with the law, the
judge or justice shall endorse them and promptly send them to the admitting psychiatric hospital. For purposes of carrying out the provisions of this section, an endorsement transmitted by facsimile machine has
the same legal effect and validity as the original endorsement signed by the judge or justice. [2007, c. 319, §9 (AMD).]
B. A person may not be held against the person's will in a hospital under this section, except that a person for whom an examiner has executed the certificate under subsection 2 may be detained in a hospital for
a reasonable period of time, not to exceed 24 hours, pending endorsement by a judge or justice, if:
(1) For a person informally admitted under section 3831, the chief administrative officer of the psychiatric hospital undertakes to secure the endorsement immediately upon execution of the certificate by the examiner; and
(2) For a person sought to be involuntarily admitted under this section, the person or persons seeking the involuntary admission undertake to secure the endorsement immediately upon execution of the certificate by the examiner. [2007, c. 319, §9 (AMD).]
C. Notwithstanding paragraph B, subparagraphs (1) and (2), a person sought to be admitted informally under section 3831 or involuntarily
under this section may be transported to a psychiatric hospital and held there for evaluation and treatment pending judicial endorsement of the application and certificate if the endorsement is obtained between the soonest available
hours of 7:00 a.m. and 11:00 p.m. [2007, c. 319, §9 (AMD).]
[
2007, c. 319, §9 (AMD)
.]
4.Custody and transportation. Custody and transportation under this section are governed as follows.
A. Upon endorsement of the application and certificate by the judge or justice, a law enforcement officer or other person designated
by the judge or justice may take the person into custody and transport that person to the psychiatric hospital designated in the application. Transportation of an individual to a psychiatric hospital under these circumstances must involve the least restrictive form of transportation available that meets the clinical
needs of that individual. [2007, c. 319, §9 (AMD).]
B. The Department of Health and Human Services is responsible for any transportation expenses under this section, including return
from the psychiatric hospital if admission is declined. The department shall utilize any 3rd-party payment sources that are available. [2007, c. 319, §9 (AMD).]
C. When a person who is under a sentence or lawful detention related to commission of a crime and who is incarcerated in a jail
or local correctional or detention facility is admitted to a psychiatric hospital under any of the procedures in this subchapter, the county where the incarceration originated shall pay all expenses
incident to transportation of the person between the psychiatric hospital and the jail or local correctional or detention facility. [2007, c. 319, §9 (AMD).]
[
2007, c. 319, §9 (AMD)
.]
5.Continuation of hospitalization. If the chief administrative officer of the psychiatric hospital recommends further hospitalization of the person, the chief administrative officer shall determine the suitability
of admission, care and treatment of the patient as an informally admitted patient, as described in section 3831.
A. If the chief administrative officer determines that admission of the person as an informally admitted patient is suitable, the chief administrative officer shall
admit the person on this basis, if the person so desires. [2007, c. 319, §9 (AMD).]
B. If the chief administrative officer determines that admission of the person as an informally admitted patient is not suitable, or if the person declines admission
as an informally admitted patient, the chief administrative officer may seek involuntary commitment of the person by filing an application for the issuance of an order for hospitalization under section 3864, except that if the psychiatric hospital is a designated nonstate mental health institution and if the patient was admitted under the contract between the
psychiatric hospital and the department for receipt by the psychiatric hospital of involuntary patients, then the chief administrative officer may seek involuntary commitment only by requesting
the commissioner to file an application for the issuance of an order for hospitalization under section 3864.
(1) The application must be made to the District Court having territorial jurisdiction over the psychiatric hospital to which the person was admitted on an emergency basis.
(2) The application must be filed within 3 days from the date of admission of the patient under this section, except that,
if the 3rd day falls on a weekend or holiday, the application must be filed on the next business day following that weekend
or holiday. [2007, c. 319, §9 (AMD).]
C. If neither readmission on an informal voluntary basis nor application to the District Court is effected under this subsection,
the chief administrative officer of the psychiatric hospital to which the person was admitted on an emergency basis shall discharge the person immediately. [2007, c. 319, §9 (AMD).]
D. If the chief administrative officer of the psychiatric hospital has filed an application in the District Court for an order of hospitalization under section 3864 but the hearing
on the application has not yet been conducted, the chief administrative officer may also submit in the interim a request for
an administrative hearing before a hearing officer employed by or under contract with the department to administer medication
on an involuntary basis to the patient if the court orders such commitment. In such cases, the administrative hearing to
consider the request for involuntary treatment must be held within 4 business days of the date of the court's order permitting
involuntary hospitalization under section 3864. [2007, c. 319, §9 (AMD).]
[
2007, c. 319, §9 (AMD)
.]
6.Notice. Upon admission of a person under this section, and after consultation with the person, the chief administrative officer
of the psychiatric hospital shall notify, as soon as possible regarding the fact of admission, the person's:
A. Guardian, if known; [1997, c. 422, §12 (AMD).]
B. Spouse; [1997, c. 422, §12 (AMD).]
C. Parent; [1997, c. 422, §12 (AMD).]
D. Adult child; or [1997, c. 422, §12 (AMD).]
E. One of next of kin or a friend, if none of the listed persons exists. [1983, c. 459, §7 (NEW).]
If the chief administrative officer has reason to believe that notice to any individual in paragraphs A to E would pose risk
of harm to the person admitted, then notice may not be given to that individual.
[
2007, c. 319, §9 (AMD)
.]
6-A.Notification to law enforcement of release after examination. When a person is taken by a law enforcement officer to a hospital for examination under this section and not admitted but
released, the chief administrative officer of the hospital shall notify the law enforcement officer or the law enforcement
officer’s agency of that release.
[
2009, c. 451, §10 (NEW)
.]
7.Post-admission examination. Every patient admitted to a psychiatric hospital must be examined as soon as practicable after the patient's admission.
A. The chief administrative officer of the psychiatric hospital shall arrange for examination by a staff physician or licensed clinical psychologist of every patient hospitalized
under this section. [2007, c. 319, §9 (AMD).]
B. The examiner may not be the certifying examiner under this section or under section 3864. [1983, c. 459, §7 (NEW).]
C. If the post-admission examination is not held within 24 hours after the time of admission, or if a staff physician or licensed
clinical psychologist fails or refuses after the examination to certify that, in the staff physician's or licensed clinical psychologist's opinion, the person is mentally ill and due to the person's mental illness poses a likelihood of serious harm, the person must be immediately discharged. [2007, c. 319, §9 (AMD).]
[
2007, c. 319, §9 (AMD)
.]
8.Rehospitalization from progressive treatment program. The assertive community treatment team physician , psychologist, certified psychiatric clinical nurse specialist or nurse practitioner may make a written application under this section to admit to a state mental health institute a person who fails to fully
participate in the progressive treatment program in accordance with section 3873, subsection 5. The provisions of this section
apply to that application, except that the standard for admission is governed by section 3873, subsection 5, paragraph B.
[
2009, c. 276, §1 (AMD)
.]
SECTION HISTORY
1983, c. 459, §7 (NEW).
1985, c. 815, (AMD).
1987, c. 736, §53 (AMD).
1989, c. 568, §§1,3 (AMD).
1993, c. 592, §1 (AMD).
1993, c. 596, §3 (AMD).
1995, c. 62, §3 (AMD).
1995, c. 143, §1 (AMD).
1995, c. 364, §1 (AMD).
1995, c. 496, §2 (AMD).
1995, c. 560, §K37 (AMD).
1995, c. 560, §K83 (AFF).
1997, c. 422, §§8-12 (AMD).
1997, c. 438, §2 (AMD).
1997, c. 683, §B23 (AMD).
2001, c. 354, §3 (AMD).
RR 2001, c. 2, §A43 (COR).
2003, c. 206, §1 (AMD).
2003, c. 689, §B6 (REV).
2005, c. 519, §§BBBB5-8 (AMD).
2005, c. 519, §BBBB20 (AFF).
2007, c. 319, §9 (AMD).
2009, c. 276, §1 (AMD).
2009, c. 451, §10 (AMD).
Data for this page extracted on 10/14/2009 10:54:28.