Maine § 34-B §3863 Emergency procedure

Maine Statutes

§ 34-B §3863 — Emergency procedure

Maine·Title 34-B BEHAVIORAL AND DEVELOPMENTAL SERVICES·Ch. 3 MENTAL HEALTH

A person may be admitted to a psychiatric hospital on an emergency basis according to the following procedures.

1.Application. Any health officer, law enforcement officer or other person may apply to admit a person to a psychiatric hospital, subject to the prohibitions and penalties of section 3805, stating:

2.Certifying examination. The written application must be accompanied by a dated certificate, signed by a medical practitioner stating: 2-A. Custody agreement. A state, county or municipal law enforcement agency may meet with representatives of those public and private health practitioners and health care facilities that are willing and qualified to perform the certifying examination required by this section in order to attempt to work out a procedure for the custody of the person wh

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A person may be admitted to a psychiatric hospital on an emergency basis according to the following procedures.
1.
Application.
Any health officer, law enforcement officer or other person may apply to admit a person to a psychiatric hospital, subject to the prohibitions and penalties of section 3805, stating:
2.
Certifying examination.
The written application must be accompanied by a dated certificate, signed by a medical practitioner stating:
2-A.
Custody agreement.
A state, county or municipal law enforcement agency may meet with representatives of those public and private health practitioners and health care facilities that are willing and qualified to perform the certifying examination required by this section in order to attempt to work out a procedure for the custody of the person who is to be examined while that person is waiting for that examination. Any agreement must be written and signed by and filed with all participating parties. In the event of failure to work out an agreement that is satisfactory to all participating parties, the procedures of section 3862 and this section continue to apply.
3.
Judicial review.
The application and accompanying certificate must be reviewed by a Justice of the Superior Court, Judge of the District Court, Judge of Probate or a justice of the peace, who may review the original application and accompanying certificate or a secure electronic or facsimile transmission of them.
4.
Custody and transportation.
Custody and transportation under this section are governed as follows.
5.
Continuation of hospitalization.
5-A.
Continuation of hospitalization.
If there is need for further hospitalization of the person as determined by the chief administrative officer of the hospital, the chief administrative officer shall first determine if the person may be informally admitted under section 3831. If informal admission is not suitable or is refused by the person, the chief administrative officer may seek involuntary commitment in accordance with this subsection.
6.
Notice.
Upon admission of a person under this section, and after consultation with the person, the chief administrative officer of the psychiatric hospital shall notify, as soon as possible regarding the fact of admission, the person's:
6-A.
Notification to law enforcement of release after examination.
When a person is taken by a law enforcement officer to a hospital for examination under this section and not admitted but released, the chief administrative officer of the hospital shall notify the law enforcement officer or the law enforcement officer’s agency of that release.
7.
Post-admission examination.
Every patient admitted to a psychiatric hospital under this section must be examined as soon as practicable after the patient's admission. If findings required for admission under subsection 2 are not certified in a 2nd opinion by a staff medical practitioner within 24 hours after admission, the person must be immediately discharged.
7-A.
Post-admission discharge.
If it is necessary to discharge a person because findings required for admission under subsection 2 are not certified in a 2nd opinion by a staff medical practitioner after examination in accordance with subsection 7, the staff medical practitioner shall record the discharge on the written application, which must contain a statement that the findings required for the person's admission specified under subsection 2 were not met.
8.
Rehospitalization from progressive treatment program.
An ACT team practitioner or the commissioner may apply under this section to admit to a state mental health institute a patient who fails to fully participate in the progressive treatment program in accordance with section 3873‑A.
9.
Limitation.
Admission to a psychiatric hospital on an emergency basis under the provisions of this section is not commitment to a psychiatric hospital.

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Legislative History

PL 1983, c. 459, §7 (NEW). PL 1985, c. 815 (AMD). PL 1987, c. 736, §53 (AMD). PL 1989, c. 568, §§1,3 (AMD). PL 1993, c. 592, §1 (AMD). PL 1993, c. 596, §3 (AMD). PL 1995, c. 62, §3 (AMD). PL 1995, c. 143, §1 (AMD). PL 1995, c. 364, §1 (AMD). PL 1995, c. 496, §2 (AMD). PL 1995, c. 560, §K37 (AMD). PL 1995, c. 560, §K83 (AFF). PL 1997, c. 422, §§8-12 (AMD). PL 1997, c. 438, §2 (AMD). PL 1997, c. 683, §B23 (AMD). RR 2001, c. 2, §A43 (COR). PL 2001, c. 354, §3 (AMD). PL 2003, c. 206, §1 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 519, §§BBBB5-8 (AMD). PL 2005, c. 519, §BBBB20 (AFF). PL 2007, c. 319, §9 (AMD). PL 2009, c. 276, §1 (AMD). PL 2009, c. 451, §10 (AMD). PL 2009, c. 651, §§13-19 (AMD). PL 2011, c. 541, §2 (AMD). PL 2015, c. 309, §§2-5 (AMD). PL 2021, c. 389, §§1, 2 (AMD). PL 2023, c. 66, §2 (AMD).