1. A. An individual in protective custody as provided by Section 5-207 of this title shall be subject to an emergency examination 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 individual is warranted.

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

   2. 2. If, upon examination, the licensed mental health professional determines that the individual is a person requiring treatment to a degree that emergency detention is warranted, the person shall be detained in emergency detention for a period not to exceed seventy-two (72) hours, excluding weekends and holidays, except upon a court order authorizing detention pending a hearing on a petition requesting involuntary commitment or treatment. 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,
      2. b. provide for a full examination and evaluation of the person by two licensed mental health professionals and, if the person appears to have a mental illness or be alcohol- or drug-dependent and be a person requiring treatment, 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 individual 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 executive director 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 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, excluding weekends and holidays, only on the following conditions:

   1. 1. The individual has refused to consent or has withdrawn consent to voluntary treatment;
   2. 2. The individual has been examined by a licensed mental health professional who has determined that the individual is a person requiring treatment, the condition of the individual 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 person requiring treatment, 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 or request the district attorney to 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); Amended by Laws 2002, SB 1624, c. 488, § 34, eff. November 1, 2002 (superseded document available).