1. A. A person in protective custody as provided by Section 5-207 of this title shall be examined at the appropriate facility by a licensed mental health professional within twelve (12) hours of being placed in protective custody for the purpose of determining whether emergency detention of the person is warranted.

   1. 1. If, upon examination, the licensed mental health professional determines that the person is not a mentally ill person, an alcohol-dependent person, or a drug-dependent person requiring treatment or that the condition of the person is such that emergency detention is not warranted, the person shall be returned immediately to the point where such person was taken into protective custody and released or the person may be taken to the home or residence of that person or to an alternative facility.

   2. 2. If, upon examination, the licensed mental health professional determines that the person is a mentally ill person, an alcohol-dependent person, or a drug-dependent person requiring treatment to a degree that emergency detention is warranted, the licensed mental health professional shall immediately:

      1. a. prepare a statement describing the findings of the examination and stating the basis for the determination. The statement shall be substantially in a form prescribed by the Department of Mental Health and Substance Abuse Services,
      2. b. provide for a full examination and evaluation of the person by two licensed mental health professionals and, if the person appears to be a mentally ill person, the completion of a certificate of evaluation as provided by Section 5-414 of this title, and
      3. c. make reasonable efforts to determine whether the person has a current and unrevoked advance directive executed pursuant to the Advance Directives for Mental Health Treatment Act.

2. B. If a licensed mental health professional, designated to have such responsibility by the administrator of a hospital, or the administrator of a facility designated by the Commissioner of Mental Health and Substance Abuse Services as appropriate for emergency detention believes a voluntary patient to be a mentally ill person, an alcohol-dependent person, or a drug-dependent person requiring treatment to a degree that emergency action is necessary, the administrator may detain such patient in emergency detention for a period not to exceed seventy-two (72) hours only on the following conditions:

   1. 1. The patient has refused to consent or has withdrawn consent to voluntary treatment;
   2. 2. The patient has been examined by a licensed mental health professional who has determined that the person is a mentally ill person, an alcohol-dependent person, or a drug-dependent person requiring treatment, the condition of the person is such that emergency detention is warranted, and a statement has been prepared as provided in subsection A of this section; and
   3. 3. The administrator or the designee of the administrator shall provide for a full examination and evaluation of the patient by two licensed mental health professionals and, if the person appears to be a mentally ill person, the completion of a certificate of evaluation.
3. C. Whenever it appears that a person detained as provided by this section will require treatment beyond the period of emergency detention and the person has refused to consent to voluntary treatment, a licensed mental health professional conducting an evaluation of the person or the administrator of the facility in which the person is being detained, or the designee of the administrator, shall immediately file a petition with the district court as provided by Section 5-410 of this title or Section 9-102 of this title, and may request a court order directing prehearing detention when such detention is necessary for the protection of the person or others.

Laws 1988, HB 2001, c. 260, § 6, eff. November 1, 1988; Amended by Laws 1990, SB 866, c. 51, § 94, emerg. eff. April 9, 1990; Amended by Laws 1990, HB 1569, c. 211, § 2, eff. September 1, 1990; Amended by Laws 1997, HB 2024, c. 387, § 2, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, HB 1303, c. 233, § 1, eff. November 1, 1998 (superseded document available); Amended by Laws 2000, HB 2400, c. 348, § 1, eff. November 1, 2000 (superseded document available).