(a) Any persons suffering behavioral health challenges, mental health disorders or substance use disorders may voluntarily seek treatment at an approved public treatment facility or hospital. If the person is a minor or a person declared to be incompetent, the facility must notify the parents or guardians immediately unless a parent, legal guardian, or legal representative of the person is present.
(b) A person in need of help who is suffering with from behavioral health challenges, a mental health disorder, or found to be intoxicated or under the influence by drugs in a public place, may receive assistance if the person consents to the proffered help. The person may be assisted and transported by law enforcement officers or any behavioral health personnel to an approved public treatment facility.
(c) If in the opinion of the treating medical practitioner, the person still appears to be a threat to himself, others, or property, after he has been treated, further disposition, placement and treatment of the person must be determined by the attending medical professional.
(d) If in the opinion of the treating medical practitioner, a person who voluntarily came to the facility appears to be a threat to himself, others, or property, or is incapacitated by substance use after treatment is given, the person must be taken into protective custody and admitted into the hospital or an appropriate facility pursuant to the provisions of sections 1023, 1024a, 1024b, or 1024c.
(e) When a person receiving treatment leaves a hospital or an approved public treatment facility, with or without the consent of the physician or medical practitioner, the person must be encouraged to attend the appropriate outpatient or intermediate treatment/counseling and must be referred to the Department of Health, Division of Behavioral Health. If it appears to the administrator in charge of the treatment facility that the person is suffering from substance use disorder, behavioral health challenges, any mental health disorder, and requires help, the Department of Health, Division of Behavioral Health shall arrange for assistance in obtaining supportive services and residential facilities, if necessary.
(f) The patient may be assisted by law enforcement officers, hospitals, or any behavioral health personnel to treatment in a private home, an approved public treatment facility, an approved private treatment facility, or other health facilities.
(g) A person who comes voluntarily or is brought to an approved public treatment facility or hospital must be examined by a licensed medical practitioner or a behavioral health professional as soon as possible. The person may then be admitted as a patient or referred to another health facility. The referring approved public treatment facility shall arrange for the patient’s transportation.
(h) A person who by medical, psychiatric, or other examination is found to be suffering from a behavioral health disorder or to be incapacitated by substance use at the time of admission or to have suffered such a disturbance or become so incapacitated at any time after admission, may not be detained at the facility if the patient:(1) No longer suffers from behavioral health challenges or mental health disorders or incapacitated by substance use; or(2) remains in a disturbed condition or is incapacitated by substance use for more than forty-eight hours after admission as a patient unless committed under sections 1023, 1024a, 1024b, 1024c, 1026 or 1027.
(1) No longer suffers from behavioral health challenges or mental health disorders or incapacitated by substance use; or
(2) remains in a disturbed condition or is incapacitated by substance use for more than forty-eight hours after admission as a patient unless committed under sections 1023, 1024a, 1024b, 1024c, 1026 or 1027.
(i) A person may consent to remain in the facility if the medical practitioner or behavioral health professional in charge believes remaining within the facility is appropriate.
(j) If a patient is admitted to an approved public treatment facility or hospital, the patient’s family or next of kin must be notified as promptly as possible. If an adult patient who is not incapacitated requests that there be no notification, the patient’s request must be respected.
(k) The police or other law enforcement officers who act in compliance with this section are acting in the course of their official duty and are not criminally or civilly liable for their actions while acting in compliance with this chapter during their official duties.
(l) If the medical practitioner or behavioral health specialist in charge of the approved public treatment facility determines it is for the patient’s benefit, the patient must be encouraged to agree to further diagnosis and appropriate voluntary treatment.