(a) A treating medical practitioner, behavioral health professional, spouse, guardian, or relative of the person to be committed, or any other responsible person with personal knowledge of the person sought to be committed, may make a written application/petition under oath for emergency commitment, directed to the administrator of the approved public treatment facility or hospital.
(b) The petition must state facts establishing reasonable grounds to believe that the person sought to be committed is incapacitated by substance use or is suffering with a behavioral health challenge or mental health disorder such that immediate emergency commitment and treatment is necessary to avoid a danger of physical harm or injury to his person or to others, or there is a risk of damage to property.
(c) Upon the written petition, a doctor or behavioral health professional shall cause the person immediately to be brought to the hospital or behavioral facility for evaluation.
(d) A person must be taken to a hospital or an approved public or private treatment facility for emergency treatment when any of the following occurs:(1) The person appears to be suffering from some type of mental illness and has threatened, attempted, or inflicted physical harm on his person or another person;(2) The person has damaged or attempted to damage property; or(3) The person is incapacitated by substance use.
(1) The person appears to be suffering from some type of mental illness and has threatened, attempted, or inflicted physical harm on his person or another person;
(2) The person has damaged or attempted to damage property; or
(3) The person is incapacitated by substance use.
(e) A person taken to a facility or hospital for emergency examination or treatment must be examined by a medical practitioner promptly at the treatment facility or hospital.
(f) If it is determined that the person meets any of the criteria in subsection (d) and needs emergency treatment, the psychiatrist shall so certify by filing a written certification to that effect, and the certification must be placed in the person’s medical record.
(g) Pursuant to the certification, the person may be detained at the treatment facility for up to 48 hours. A psychiatrist may extend the period of detention for an additional three days or for a maximum of five days. After the expiration of the five-day maximum period, any further detention of the person must be by court order. Any person committed under this section may be transferred to an appropriate public or private treatment facility.
(h) When on the advice of the treating medical practitioner, it is determined that the grounds for commitment no longer exist, the person committed under this section must be released. A treatment plan must be established prior to the release of the person.
(i) If a petition for involuntary commitment has been filed, within five days and the treating medical practitioner finds that grounds for emergency commitment still exist, the person may be detained until the application/petition has been heard and determined or otherwise ordered by the Court.
(j) Not later than twenty-four hours after a commitment by the administrator, a copy of the written petition for commitment; a copy of the medical practitioner’s certificate; and a written explanation of the person’s right to counsel must be given to the person under evaluation. The administrator shall provide a reasonable opportunity for the person subject to evaluation to consult counsel.
(k) The Department of Health shall license the hospitals of the Virgin Islands Government Hospitals and Healthcare Facilities Corporation for no less than nine beds for persons with behavioral health challenges or mental health disorders.