§ 40.1-5-7 - Emergency certification.
SECTION 40.1-5-7
§ 40.1-5-7 Emergency certification. –(a) Applicants. (1) Any physician, who after examining a person, hasreason to believe that the person is in need of immediate care and treatment,and is one whose continued unsupervised presence in the community would createan imminent likelihood of serious harm by reason of mental disability, mayapply at a facility for the emergency certification of the person thereto. Themedical director, or any other physician employed by the proposed facility forcertification may apply under this subsection if no other physician isavailable and he or she certifies this fact. If an examination is not possiblebecause of the emergency nature of the case and because of the refusal of theperson to consent to the examination, the applicant on the basis of his or herobservation may determine, in accordance with the above, that emergencycertification is necessary and may apply therefor. In the event that nophysician is available, a qualified mental health professional or policeofficer who believes the person to be in need of immediate care and treatment,and one whose continued unsupervised presence in the community would create animminent likelihood of serious harm by reason of mental disability, may makethe application for emergency certification to a facility. Application shall inall cases be made to the facility which in the judgment of the applicant at thetime of application would impose the least restraint on the liberty of theperson consistent with affording him or her the care and treatment necessaryand appropriate to his or her condition.
(2) Whenever an applicant, not employed by a community mentalhealth center established pursuant to chapter 8.5 of this title, has reason tobelieve that the institute of mental health is the appropriate facility for theperson, the application shall be directed to the community mental health centerthat serves the area in which the person resides, if the person is a RhodeIsland resident, or the area in which the person is physically present, if anonresident, and the qualified mental health professional(s) at the centershall make the final decision on the application to the institute of mentalhealth or may determine whether some other disposition should be made.
(b) Applications. An application for certificationhereunder shall be in writing and filed with the facility to which admission issought. The application shall be executed within five (5) days prior to thedate of filing and shall state that it is based upon a personal observation ofthe prospective patient by the applicant within the five (5) day period. Itshall include a description of the applicant's credentials and the behaviorwhich constitutes the basis for his or her judgment that the prospectivepatient is in need of immediate care and treatment and that a likelihood ofserious harm by reason of mental disability exists, and shall include, as well,any other relevant information which may assist the admitting physician at thefacility to which application is made. Whenever practicable, prior totransporting or arranging for the transporting of a prospective patient to afacility, the applicant shall telephone or otherwise communicate with thefacility to describe the circumstances and known clinical history to determinewhether it is the proper facility to receive the person, and to give notice ofany restraint to be used or to determine whether restraint is necessary.
(c) Confirmation; discharge; transfer. Within one hourafter reception at a facility, the person regarding whom an application hasbeen filed under this section shall be seen by a physician. As soon aspossible, but in no event later than twenty-four (24) hours after reception, apreliminary examination and evaluation of the person by a psychiatrist or aphysician under his or her supervision shall begin. The psychiatrist shall notbe an applicant hereunder. The preliminary examination and evaluation shall becompleted within seventy-two (72) hours from its inception by the psychiatrist.If the psychiatrist determines that the patient is not a candidate foremergency certification, he or she shall be discharged. If the psychiatrist(s)determines that the person who is the subject of the application is in need ofimmediate care and treatment and is one whose continued unsupervised presencein the community would create an imminent likelihood of serious harm by reasonof mental disability, he or she shall confirm the admission for care andtreatment under this section of the person to the facility, provided thefacility is one which would impose the least restraint on the liberty of theperson consistent with affording him or her the care and treatment necessaryand appropriate to his or her condition and that no suitable alternatives tocertification are available. If at any time the official in charge of afacility or his or her designee determines that the person is not in need ofimmediate care and treatment, or is not one whose continued unsupervisedpresence in the community would create an imminent likelihood of serious harmby reason of mental disability, or suitable alternatives to certification areavailable, he or she shall immediately discharge the person. In addition, theofficial may arrange to transfer the person to an appropriate facility, if thefacility to which he or she has been certified is not one which imposes theleast restraint on the liberty of the person consistent with affording him orher the care and treatment necessary and appropriate to his or her condition.
(d) Custody. Upon the request of an applicant underthis section, to be confirmed in writing, it shall be the duty of any peaceofficer of this state or of any governmental subdivision thereof to whomrequest has been made, to take into custody and transport the person to thefacility designated, the person to be expeditiously presented for admissionthereto.
(e) Ex parte court order. An applicant under thissection may present a petition to any judge of the district court or anyjustice of the family court in the case of a person who is the subject of anapplication, who has not yet attained his or her eighteenth birthday, for awarrant directed to any peace officer of the state or any governmentalsubdivision thereof to take into custody the person who is the subject of theapplication and immediately transport the person to a designated facility. Theapplication shall set forth that the person who is to be certified is in needof immediate care and treatment and his or her continued unsupervised presencein the community would create an imminent likelihood of serious harm by reasonof mental disability, and the reasons why an order directing a peace officer totransport the person to a designated facility if necessary.
(f) Notification of rights. No person shall becertified to a facility under the provisions of this section unless appropriateopportunity is given to apply for voluntary admission under the provisions of§ 40.1-5-6 and unless he or she, or a parent, guardian or next of kin, hasbeen informed, in writing, on a form provided by the department, by theofficial in charge of the facility: (1) that he or she has a right to thevoluntary admission; (2) that a person cannot be certified until all availablealternatives to certification have been investigated and determined to beunsuitable; and (3) that the period of hospitalization or treatment in afacility cannot exceed ten (10) days under this section, except as provided insubsection (g) of this section.
(g) Period of treatment. A person shall be dischargedno later than ten (10) days measured from the date of his or her admissionunder this section, unless an application for a civil court certification hasbeen filed and set down for a hearing under the provisions of § 40.1-5-8,or the person remains as a voluntary patient pursuant to § 40.1-5-6.