§ 21-527 — Examination and release of person; notice.

(1) The chief clinical officer of the Department or the chief of service of a hospital in which a person is hospitalized under a court order entered pursuant to § 21-524 shall, within 48 hours after the order is entered, have the person examined by a psychiatrist or qualified psychologist.

(2) If the psychiatrist or qualified psychologist, after his examination, certifies that in his opinion the person is not mentally ill to the extent that the person is likely to injure himself or others if not presently detained, the person shall be immediately released.

(3) After the examination required under paragraph (1) of this subsection has been completed, the chief of service of the hospital:

(A) Shall immediately notify the chief clinical officer of the Department of the results of the examination by telephone, telefax, or other electronic means;

(B) Shall immediately send a copy of the results of the examination by mail to the Commission;

(C) Shall immediately send a copy of the results of the examination by mail to the parent or legal guardian of a person under 18 years of age who was committed; and

(D) Shall, within 48 hours, send a copy of the results by mail to the spouse or domestic partner, parents, attorney, legal guardian, or nearest known adult relative of the person examined, if authorized by the person who was examined consistent with the provisions of § 7-1201.01 et seq.

(1) The chief clinical officer of the Department or the chief of service of a hospital in which a person is detained under a court order entered pursuant to § 21-524 or under § 21-526(c) shall immediately release the person from the emergency detention in a hospital if, at any time during the detention, a psychiatrist or qualified psychologist at the hospital or the Department certifies that, based on an examination, it is his opinion that the person is no longer mentally ill to the extent that the person is likely to injure himself or others if not presently detained or that the person could be treated in a less restrictive setting.

(2) After the examination required under paragraph (1) of this subsection has been completed, the chief of service of the hospital:

(A) Shall immediately notify the chief clinical officer of the Department of the results of the examination by telephone, telefax, or other electronic means;

(B) Shall immediately send a copy of the results of the examination by mail to the Commission;

(C) Shall immediately send a copy of the results of the examination by mail to the parent or legal guardian of a person under 18 years of age who was committed; and

(D) Shall, within 48 hours, send a copy of the results by mail to the spouse or domestic partner, parents, attorney, legal guardian, or nearest known adult relative of the person examined, if authorized by the person who was examined consistent with the provisions of § 7-1201.01 et seq.

Legislative History

Sept. 14, 1965, 79 Stat. 754, Pub. L. 89-183, § 1; Feb. 24, 1984, D.C. Law 5-48, § 11(a)(11), 30 DCR 5778; Apr. 4, 2003, D.C. Law 14-283, § 2(m), 50 DCR 917; Sept. 12, 2008, D.C. Law 17-231, § 22(d), 55 DCR 6758