59-2954. Emergency observation and treatment; authority of treatment facility's procedure.
59-2954
59-2954. Emergency observation and treatment;authority of treatment facility's procedure.(a) A treatment facility may admit and detainany person for emergency observation and treatment upon an exparte emergency custody order issued by a district court pursuanttoK.S.A. 59-2958 and amendments thereto.
(b) A treatment facility may admit and detain any personpresented for emergency observation and treatment upon writtenapplication of a law enforcement officer having custody of thatperson pursuant toK.S.A. 59-2953 and amendments thereto, exceptthat a state psychiatric hospital shall not admit and detain anysuch person unless a written statement from a qualified mentalhealth professional authorizing such admission to a statepsychiatric hospital has been obtained. The application shallstate:
(1) The name and address of the person sought to beadmitted, if known;
(2) the name and address of the person's spouse or nearestrelative, if known;
(3) the officer's belief that the person may be a mentally illperson subject to involuntary commitment and because of the person's mentalillness is likely tocause harm to self or others if not immediately detained;
(4) the factual circumstances in support of that belief andthe factual circumstances under which the person was taken intocustody including any known pending criminal charges; and
(5) the fact that the law enforcement officer will file thepetition provided for inK.S.A. 59-2957 and amendments thereto,by the close of business of the first day thereafter that thedistrict court is open for the transaction of business, or thatthe officer has been informed by a parent, legal guardian orother person that such parent, legal guardian or other person,whose name shall be stated in the application will file thepetition provided for inK.S.A. 59-2957 and amendments theretowithin that time.
(c) A treatment facility may admit and detain any personpresented for emergency observation and treatment upon thewritten application of any individual, except that a statepsychiatric hospital shall not admit and detain any such person,unless a written statement from a qualified mental healthprofessional authorizing such admission to a state psychiatrichospital has been obtained. The application shall state:
(1) The name and address of the person sought to be admitted, if known;
(2) the name and address of the person's spouse or nearestrelative, if known;
(3) the applicant's belief that the person may be a mentallyill person subject to involuntary commitment and because of the person'smental illness is likelyto cause harm to self or others if not immediately detained;
(4) the factual circumstances in support of that belief;
(5) any pending criminal charges, if known;
(6) the fact that the applicant will file the petitionprovided for inK.S.A. 59-2957 and amendments thereto by theclose of business of the first day thereafter that the districtcourt is open for the transaction of business; and
(7) if the application is to a treatment facility otherthan a state psychiatric hospital it shall also be accompanied bya statement in writing of a physician, psychologist, or qualifiedmental health professional finding that the person is likely tobe a mentally ill person subject to involuntary commitment for care andtreatment under this act.
(d) Any treatment facility or personnel thereof who in goodfaith renders treatment in accordance with law to any personadmitted pursuant to subsection (b) or (c), shall not be liablein a civil or criminal action based upon a claim that thetreatment was rendered without legal consent.
History: L. 1996, ch. 167, § 10;L. 1998, ch. 134, § 41; July 1.