§ 40.1-5-6 - Voluntary admission.
SECTION 40.1-5-6
§ 40.1-5-6 Voluntary admission. – (a) General. Any individual of lawful age may apply for voluntaryadmission to any facility provided for by this law seeking care and treatmentfor alleged mental disability. The application shall be in writing, signed bythe applicant in the presence of at least one witness, who shall attest to theapplication by placing his or her name and address thereon. If the applicanthas not yet attained his or her eighteenth (18th) birthday, the applicationshall be signed by him or her and his or her parent, guardian, or next of kin.
(2) Admission of children. Any person who is under theage of eighteen (18) and who receives medical benefits funded in whole or inpart by either the department of children, youth, and families or by thedepartment of human services may be admitted to any facility provided for bythis chapter seeking care and treatment for alleged mental disability onlyafter an initial mental health crisis intervention is completed by a providerthat is licensed by the department of children, youth and families foremergency services, has proper credentials and is contracted with the RIte Carehealth plan or the state and said provider, after considering alternativeservices to hospitalization with the child, family and other providers,requests prior authorization for the admission from a representative of thechild and family's insurance company or utilization review organizationrepresenting the insurance company. If the inpatient hospital admits a childwithout the crisis intervention and prior authorization from the insurancecompany or utilization review organization, the hospital will be paid a rateequivalent to an Administratively Necessary Day (AND) for each day that theinsurance company or utilization review organization representing the insurancecompany determines that the child did not meet the inpatient level of carecriteria. The state shall ensure that this provision is included in allpublicly financed contracts and agreements for behavioral health services.Activities conducted pursuant to this section shall be exempt from theprovisions of § 23-17.12, but shall be subject to the provisions ofsubsection (b) of this section.
(3) The department of human services shall developregulations for emergency admissions, that would allow the admitting hospitalto maintain their compliance with the provisions of the act, while meeting theneed of the child.
(b) Period of treatment. If it is determined that theapplicant is in need of care and treatment for mental disability and nosuitable alternatives to admission are available, he or she shall be admittedfor a period not to exceed thirty (30) days. Successive applications forcontinued voluntary status may be made for successive periods not to exceedninety (90) days each, so long as care and treatment is deemed necessary anddocumented in accordance with the requirements of this chapter, and no suitablealternatives to admission are available.
(1) A voluntary patient shall be discharged no later than theend of the business day following of his or her presenting a written notice ofhis or her intent to leave the facility to the medical official in charge orthe medical official designated by him or her, unless that official or anotherqualified person from the facility files an application for the patient's civilcourt certification pursuant to § 40.1-5-8. The notice shall be on a formprescribed by the director and made available to all patients at all times. Ifa decision to file an application for civil court certification is made, thepatient concerned and his or her legal guardian(s), if any, shall receiveimmediately, but in no event later than twelve (12) hours from the making ofthe decision, notice of the intention from the official in charge of thefacility, or his or her designee, and the patient may, in the discretion of theofficial, be detained for an additional period not to exceed two (2) businessdays, pending the filing and setting down for hearing of the application under§ 40.1-5-8.
(2) A voluntary patient who gives notice of his or herintention or desire to leave the facility may at any time during the period ofhis or her hospitalization prior to any certification pursuant to §40.1-5-8, following the giving of the notice, submit a written communicationwithdrawing the notice, whereby his or her voluntary status shall be consideredto continue unchanged until the expiration of thirty (30) or ninety (90) daysas provided in subsection (b). In the case of an individual under eighteen (18)years of age, the notice or withdrawal of notice may be given by either of thepersons who made the application for his or her admission, or by a person ofequal or closer relationship to the patient, who shall, as well, receive noticefrom the official in charge indicating a decision to present an application forcivil court certification. The official may in his or her discretion refuse todischarge the patient upon notice given by any person other than the person whomade the application, and in the event of such a refusal the person givingnotice may apply to a justice of the family court for release of the patient.
(d) Examination at facility. The medical official incharge of a facility shall ensure that all voluntary patients receivepreliminary physical and psychiatric examinations within twenty-four (24) hoursof admission. Furthermore, a complete psychiatric examination shall beconducted to determine whether the person qualifies for care and treatmentunder the provisions of this chapter. The examination shall begin withinforty-eight (48) hours of admission and shall be concluded as soon aspracticable, but in no case shall extend beyond five (5) days. The examinationshall include an investigation with the prospective patient of (1) whatalternatives for admission are available and (2) why those alternatives are notsuitable. The alternatives for admission investigated and reasons forunsuitability, if any, shall be recorded on the patient's record. If it isdetermined that the patient does not belong to the voluntary class in that asuitable alternative to admission is available, or is otherwise ineligible forcare and treatment, he or she shall be discharged.
(e) Rights of voluntary patients. A voluntary patientshall be informed, in writing, of his or her status and rights as a voluntarypatient immediately upon his or her admission, and again at the time of his orher periodic review(s) as provided in § 40.1-5-10, including his or herrights pursuant to § 40.1-5-5(f). Blank forms for purposes of indicatingan intention or desire to leave a facility shall be available at all times andon and in all wards and segments of a facility wherein voluntary patients mayreside.