Title 37, Chapter 3, Section 90
( 37-3-90)
(a) When a physician or psychologist at a facility or on behalf of a
facility determines and certifies under this article that there is
reason to believe a patient admitted to or examined at the facility
is a mentally ill person requiring involuntary treatment, that
physician or psychologist shall further determine and certify
whether there is reason to believe the patient is: (1) An inpatient or outpatient; and (2) If an outpatient, whether there is available outpatient
treatment. (b) Unless otherwise specifically provided, the determination and
certification as to paragraphs (1) and (2) of subsection (a) of this
Code section shall be made within the time period required for
determining whether a patient is a mentally ill person requiring
involuntary treatment, except that if such determination is made by
a physician or psychologist at or on behalf of a community mental
health center, the determination and certification shall be made
within four hours after the patient is examined by the physician or
psychologist. (c) A person determined and certified to be: (1) An outpatient; and (2) A person for whom there is available outpatient treatment shall be considered to be in need of involuntary outpatient
treatment and not involuntary inpatient treatment for purposes of
further proceedings under this article until such time as that
person's status is determined to be otherwise pursuant to those
proceedings. (d) A person determined and certified to be a mentally ill person
requiring involuntary treatment who does not meet all of the
requirements of paragraphs (1) and (2) of subsection (c) of this
Code section shall be considered to be in need of involuntary
inpatient treatment and not involuntary outpatient treatment for
purposes of further proceedings under this article until such time
as that person's status is determined to be otherwise pursuant to
those proceedings. (e) Any minor admitted voluntarily shall be released at any time
after written request is made by the minor's parent or legal
guardian. |