§ 43A-5-206 — Definitions.

As used in Sections 5-206 through 5-209 of this title: 1. "Mental health evaluation" means the examination of a person, either in person or via telemedicine, who appears to have a mental illness or be alcohol- or drug-dependent by two licensed mental health professionals, at least one of whom is a psychiatrist who is a diplomat of the American Board of Psychiatry and Neurology, a licensed clinical psychologist, or a licensed Doctor of Medicine or Doctor of Osteopathy who has received specific training for and is experienced in performing mental health therapeutic, diagnostic, or counseling functions, for the purpose of: a. determining if a petition requesting involuntary commitment or treatment is warranted, b. completing a mental health evaluation pursuant to Section 5-414 of this title, or c. both subparagraphs a and b of this paragraph; 2. "Initial assessment (medical necessity review)" means the examination of a person, either in person or via telemedicine, who appears to be a mentally ill person, an alcohol-dependent person, or a drug-dependent person and a person requiring treatment, whose condition is such that it appears that emergency detention may be warranted by a licensed mental health professional at a facility approved by the Commissioner of Mental Health and Substance Abuse Services, or a designee, as appropriate for such examination to determine if emergency detention of the person is warranted; 3. "Emergency detention" means the detention of a person who appears to be a person requiring treatment in a facility approved by the Commissioner of Mental Health and Substance Abuse Services as appropriate for such detention after the completion of an emergency examination, either in person or via telemedicine, and a determination that emergency detention is warranted for a period not to exceed one hundred twenty (120) hours or five (5) days, excluding weekends and holidays, except upon a court order authorizing detention beyond this period or pending the hearing on a petition requesting involuntary commitment or treatment as provided by Section 5-206 et seq. of this title. If during the emergency detention a person who appears to be a person requiring treatment becomes medically unstable, the time limit on the emergency detention period stipulated in this paragraph shall be tolled until the person who appears to be a person requiring treatment is medically stabilized; 4. "Protective custody" means the taking into protective custody and detention of a person pursuant to the provisions of Section 5-208 of this title until such time as an emergency examination is completed and a determination is made as to whether or not emergency detention is warranted; and 5. "Prehearing detention" means the court-ordered detention of a person who is alleged to be mentally ill, alcohol-dependent, or drug-dependent in a facility approved by the Commissioner as appropriate for such detention, pending a hearing on a petition requesting involuntary commitment or treatment as provided by Section 5-415 of this title.

Legislative History

Added by Laws 1988, c. 260, § 4, eff. Nov. 1, 1988. Amended by Laws 1993, c. 312, § 1, emerg. eff. June 7, 1993; Laws 1997, c. 387, § 1, eff. Nov. 1, 1997; Laws 1998, c. 144, § 1, emerg. eff. April 22, 1998; Laws 2002, c. 488, § 32, eff. Nov. 1, 2002; Laws 2004, c. 113, § 16, eff. Nov. 1, 2004; Laws 2006, c. 97, § 15, eff. Nov. 1, 2006; Laws 2008, c. 401, § 12, eff. Nov. 1, 2008; Laws 2010, c. 287, § 25, eff. Nov. 1, 2010; Laws 2022, c. 297, § 2, eff. Nov. 1, 2022.