§ 5170.7. — 5170.7. (Amended by Stats. 1985, Ch. 1288, Sec. 4.)

California § 5170.7.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 5.: DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES
• Part 1.: PART 1. THE LANTERMAN-PETRIS-SHORT ACT
• Ch. 2.: CHAPTER 2. Involuntary Treatment
• Art. 1.5.: ARTICLE 1.5. Detention of Individuals Under the Influence of Alcohol for Evaluation and Treatment

Text

A person who requests to be released from the facility before 72 hours have elapsed shall be released only if the psychiatrist directly responsible for the person’s treatment believes, as a result of his or her personal observations, that the person is not a danger to others, or to himself or herself. If any other professional person who is authorized to release the person, believes the person should be released before 72 hours have elapsed, and the psychiatrist directly responsible for the person’s treatment objects, the matter shall be referred to the medical director of the facility for the final decision. However, if the
medical director is not a psychiatrist, he or she shall appoint a designee who is a psychiatrist. If the matter is referred, the person shall be released before 72 hours have elapsed only if the psychiatrist making the final decision believes, as a result of his or her personal observations, that the person is not a danger to others, or to himself or herself.

Legislative History

Amended by Stats. 1985, Ch. 1288, Sec. 4. Effective September 30, 1985.