1. A.

   1. 1. A consumer 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 consumer is warranted.
   2. 2. If, upon examination, the licensed mental health professional determines that the consumer is not a person requiring treatment or that the condition of the consumer is such that emergency detention is not warranted, the consumer shall either be returned by an officer immediately to the point where the consumer was taken into protective custody and released or taken to the home or residence of such consumer or to an alternative facility. If the home or residence of the consumer is a nursing home or group home, such home shall not refuse the return of the consumer to his or her residence.
   3. 3. If, upon examination, the licensed mental health professional determines that the consumer is a person requiring treatment to a degree that emergency detention is warranted, the licensed mental health professional shall immediately prepare a statement describing the findings of the examination and stating the basis for the determination, and the consumer 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.

   4. 4. During the emergency detention period:

      1. a. a full examination and evaluation of the consumer shall be conducted by two licensed mental health professionals and, if the consumer appears to have a mental illness or be alcohol- or drug-dependent and be a consumer requiring treatment, the completion of a certificate of evaluation as provided by Section 5-414 of this title, and
      2. b. reasonable efforts shall be made to determine whether the consumer 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 the responsibility by the executive director or person in charge of a hospital, or the executive director or person in charge of a facility designated by the Commissioner of Mental Health and Substance Abuse Services as appropriate for emergency detention believes a voluntary consumer to be a person requiring treatment to a degree that emergency action is necessary, the hospital or facility may detain such consumer 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 consumer has refused to consent or has withdrawn consent to voluntary treatment;
   2. 2. The consumer has been examined by a licensed mental health professional who has determined that the consumer is a person requiring treatment, the condition of the consumer 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 executive director or person in charge or the designee shall provide for a full examination and evaluation of the consumer 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 consumer detained pursuant to the provisions of this section is no longer a person requiring treatment and will not require treatment beyond the period of detention, the consumer shall be discharged and returned by an officer to the point where he or she was taken into protective custody, or if the consumer had not been in protective custody, the consumer shall be taken to the home or residence of the consumer or to an alternative facility. If the home or residence of the consumer is a nursing home or group home, it shall not refuse the return of the consumer to his or her residence.
4. D. 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 executive director of the facility in which the person is being detained, or the designee of the executive director, 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); Amended by Laws 2003, HB 1266, c. 46, § 36, emerg. eff. April 8, 2003 (superseded document available); Amended by Laws 2005, HB 1845, c. 150, § 38, emerg. eff. May 9, 2005 (superseded document available).