Title 37, Chapter 7, Section 90
( 37-7-90)
(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 an alcoholic, a drug dependent individual, or a drug abuser
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: (A) There is available outpatient treatment; and (B) The patient will likely comply with the outpatient treatment
so as to minimize the likelihood of the patient's becoming an
inpatient. (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 an alcoholic, a drug dependent
individual, or a drug abuser 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; (2) A person for whom there is available outpatient treatment; and (3) Likely to comply with the outpatient treatment so as to
minimize the likelihood of the patient's becoming an inpatient 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 an alcoholic, a drug
dependent individual, or a drug abuser requiring involuntary
treatment who does not meet all of the requirements of paragraphs
(1), (2), and (3) 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. |