law17387

Chapter 387

2017 -- S 0757 SUBSTITUTE A
Enacted 10/05/2017

A N A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS - MENTAL HEALTH LAW

Introduced By: Senators Seveney, DiPalma, Coyne, and Calkin

Date Introduced: April 12, 2017

It is enacted by the General Assembly as follows:

SECTION 1. Section 40.1-5-7 of the General Laws in Chapter 40.1-5 entitled "Mental

Health Law" is hereby amended to read as follows:

40.1-5-7. Emergency certification.

(a) Applicants. (1) Any physician, who, after examining a person, has reason to believe

that the person is in need of immediate care and treatment, and is one whose continued

unsupervised presence in the community would create an imminent likelihood of serious harm by

reason of mental disability, may apply at a facility for the emergency certification of the person

thereto. The medical director, or any other physician employed by the proposed facility for

certification may apply under this subsection if no other physician is available and he or she

certifies this fact. If an examination is not possible because of the emergency nature of the case

and because of the refusal of the person to consent to the examination, the applicant on the basis

of his or her observation may determine, in accordance with the above, that emergency

certification is necessary and may apply therefor. In the event that no physician is available, a

qualified mental health professional or police officer who believes the person to be in need of

immediate care and treatment, and one whose continued unsupervised presence in the community

would create an imminent likelihood of serious harm by reason of mental disability, may make

the application for emergency certification to a facility. Application shall in all cases be made to

the facility which that, in the judgment of the applicant at the time of application, would impose

the least restraint on the liberty of the person consistent with affording him or her the care and

treatment necessary and appropriate to his or her condition.

(2) Whenever an applicant, not employed by a community mental health center

established pursuant to chapter 8.5 of this title, has reason to believe that the institute of mental

health is the appropriate facility for the person, the application shall be directed to the community

mental health center that serves the area in which the person resides, if the person is a Rhode

Island resident, or the area in which the person is physically present, if a nonresident, and the

qualified mental health professional(s) at the center shall make the final decision on the

application to the institute of mental health or may determine whether some other disposition

should be made.

(b) Applications. An application for certification hereunder shall be in writing and filed

with the facility to which admission is sought. The application shall be executed within five (5)

days prior to the date of filing and shall state that it is based upon a personal observation of the

prospective patient by the applicant within the five-(5) day (5) period. It shall include a

description of the applicant's credentials and the behavior which that constitutes the basis for his

or her judgment that the prospective patient is in need of immediate care and treatment and that a

likelihood of serious harm by reason of mental disability exists, and shall include, as well, any

other relevant information which that may assist the admitting physician at the facility to which

application is made. Whenever practicable, prior to transporting or arranging for the transporting

of a prospective patient to a facility, the applicant shall telephone or otherwise communicate with

the facility to describe the circumstances and known clinical history to determine whether it is the

proper facility to receive the person, and to give notice of any restraint to be used or to determine

whether restraint is necessary.

person regarding whom an application has been filed under this section shall be seen by a

physician. As soon as possible, but in no event later than twenty-four (24) hours after reception, a

preliminary examination and evaluation of the person by a psychiatrist or a physician under his or

her supervision shall begin. The psychiatrist shall not be an applicant hereunder. The preliminary

examination and evaluation shall be completed within seventy-two (72) hours from its inception

by the psychiatrist. If the psychiatrist determines that the patient is not a candidate for emergency

certification, he or she shall be discharged. If the psychiatrist(s) determines that the person who is

the subject of the application is in need of immediate care and treatment and is one whose

continued unsupervised presence in the community would create an imminent likelihood of

serious harm by reason of mental disability, he or she shall confirm the admission for care and

treatment under this section of the person to the facility, provided the facility is one which that

would impose the least restraint on the liberty of the person consistent with affording him or her

the care and treatment necessary and appropriate to his or her condition and that no suitable

alternatives to certification are available. If at any time the official in charge of a facility or his or

her designee determines that the person is not in need of immediate care and treatment, or is not

one whose continued unsupervised presence in the community would create an imminent

likelihood of serious harm by reason of mental disability, or suitable alternatives to certification

are available, he or she shall immediately discharge the person. In addition, the official may

arrange to transfer the person to an appropriate facility, if the facility to which he or she has been

certified is not one which that imposes the least restraint on the liberty of the person consistent

with affording him or her the care and treatment necessary and appropriate to his or her condition.

(d) Custody. Upon the request of an applicant under this section, to be confirmed in

writing, it shall be the duty of any peace officer of this state or of any governmental subdivision

thereof to whom request has been made, to take into custody and transport the person to the

facility designated, the person to be expeditiously presented for admission thereto.

(e) Ex parte court order. An applicant under this section may present a petition to any

judge of the district court or any justice of the family court, in the case of a person who is the

subject of an application, who has not yet attained his or her eighteenth birthday, for a warrant

directed to any peace officer of the state or any governmental subdivision thereof to take into

custody the person who is the subject of the application and immediately transport the person to a

designated facility. The application shall set forth that the person who is to be certified is in need

of immediate care and treatment and his or her continued unsupervised presence in the

community would create an imminent likelihood of serious harm by reason of mental disability,

and the reasons why an order directing a peace officer to transport the person to a designated

facility if is necessary.

(f) Notification of rights. No person shall be certified to a facility under the provisions of

this section unless appropriate opportunity is given to apply for voluntary admission under the

provisions of § 40.1-5-6 and unless he or she, or a parent, guardian, or next of kin, has been

informed, in writing, on a form provided by the department, by the official in charge of the

facility: (1) tThat he or she has a right to the voluntary admission; (2) tThat a person cannot be

certified until all available alternatives to certification have been investigated and determined to

be unsuitable; and (3) tThat the period of hospitalization or treatment in a facility cannot exceed

ten (10) days under this section, except as provided in subsection (g) of this section.

(g) Period of treatment. A person shall be discharged no later than ten (10) days measured

from the date of his or her admission under this section, unless an application for a civil court

certification has been filed and set down for a hearing under the provisions of § 40.1-5-8, or the

person remains as a voluntary patient pursuant to § 40.1-5-6.

SECTION 2. Chapter 40.1-5 of the General Laws entitled "Mental Health Law" is hereby

amended by adding thereto the following section:

40.1-5-7.1. Emergency transportation by police.

(a) Any police officer may take an individual into protective custody and take or cause

such person to be taken to an emergency room of any hospital, by way of emergency vehicle, if

the officer has reason to believe that:

(1) The individual is in need of immediate care and treatment, and is one whose

continued unsupervised presence in the community would create an imminent likelihood of

serious harm by reason of mental disability if allowed to be at liberty pending examination by a

licensed physician; or

(2) The individual is in need of immediate assistance due to mental disability and

requests the assistance.

(b) The officer making the determination to transport, will document the reason for the

decision in a police report and travel with the individual to the hospital to relay the reason for

transport to the attending medical staff.

SECTION 3. This act shall take effect upon passage.

========

LC002248/SUB A

========