§ 122C-262. Special emergency procedure for individuals needing immediate hospitalization.
§ 122C‑262. Specialemergency procedure for individuals needing immediate hospitalization.
(a) Anyone, including alaw enforcement officer, who has knowledge of an individual who is subject toinpatient commitment according to the criteria of G.S. 122C‑261(a) andwho requires immediate hospitalization to prevent harm to self or others, maytransport the individual directly to an area facility or other place, includinga State facility for the mentally ill, for examination by a physician oreligible psychologist in accordance with G.S. 122C‑263(c).
(b) Upon examination bythe physician or eligible psychologist, if the individual meets the criteriarequired in G.S. 122C‑261(a), the physician or eligible psychologistshall so certify in writing before any official authorized to administer oaths.The certificate shall also state the reason that the individual requiresimmediate hospitalization. If the physician or eligible psychologist knows orhas reason to believe that the individual is mentally retarded, the certificateshall so state.
(c) If the physician oreligible psychologist executes the oath, appearance before a magistrate shallbe waived. The physician or eligible psychologist shall send a copy of thecertificate to the clerk of superior court by the most reliable and expeditiousmeans. If it cannot be reasonably anticipated that the clerk will receive thecopy within 24 hours, excluding Saturday, Sunday, and holidays, of the timethat it was signed, the physician or eligible psychologist shall also communicatethe findings to the clerk by telephone.
(d) Anyone, including alaw enforcement officer if necessary, may transport the individual to a 24‑hourfacility described in G.S. 122C‑252 for examination and treatment pendinga district court hearing. If there is no area 24‑hour facility and if therespondent is indigent and unable to pay for care at a private 24‑hourfacility, the law enforcement officer or other designated person providingtransportation shall take the respondent to a State facility for the mentallyill designated by the Commission in accordance with G.S. 143B‑147(a)(1)aand immediately notify the clerk of superior court of this action. Thephysician's or eligible psychologist's certificate shall serve as the custodyorder and the law enforcement officer or other designated person shall providetransportation in accordance with the provisions of G.S. 122C‑251.
In the event an individualknown or reasonably believed to be mentally retarded is transported to a Statefacility for the mentally ill, in no event shall that individual be admitted tothat facility except as follows:
(1) Persons described inG.S. 122C‑266(b);
(2) Persons admittedpursuant to G.S. 15A‑1321;
(3) Respondents who areso extremely dangerous as to pose a serious threat to the community and toother patients committed to non‑State hospital psychiatric inpatientunits, as determined by the Director of the Division of Mental Health,Developmental Disabilities, and Substance Abuse Services or his designee; and
(4) Respondents who areso gravely disabled by both multiple disorders and medical fragility ormultiple disorders and deafness that alternative care is inappropriate, asdetermined by the Director of the Division of Mental Health, DevelopmentalDisabilities, and Substance Abuse Services or his designee.
Individuals transported to aState facility for the mentally ill who are not admitted by the facility may betransported by law enforcement officers or designated staff of the Statefacility in State‑owned vehicles to an appropriate 24‑hour facilitythat provides psychiatric inpatient care.
No later than 24 hours afterthe transfer, the responsible professional at the original facility shallnotify the petitioner, the clerk of court, and, if consent is granted by therespondent, the next of kin, that the transfer has been completed.
(e) Respondentsreceived at a 24‑hour facility under the provisions of this section shallbe examined by a second physician in accordance with G.S. 122C‑266. Afterreceipt of notification that the district court has determined reasonablegrounds for the commitment, further proceedings shall be carried out in thesame way as for all other respondents under this Part. (1973, c. 726, s. 1; c. 1408,s. 1; 1985, c. 589, s. 2; c. 695, s. 2; 1987, c. 596, s. 1; 1995 (Reg. Sess.,1996), c. 739, s. 7.)