59-29b54. Emergency observation and treatment; authority of treatment facility's procedure.
59-29b54
59-29b54. Emergency observation and treatment;authority of treatment facility's procedure.(a) A treatment facility may admit and detain any person foremergency observation and treatment upon an ex parte emergencycustody order issued by a district court pursuant toK.S.A. 59-29b58and amendments thereto.
(b) A treatment facility or the detox unit at Osawatomiestate hospital or at Larned state hospital may admit and detainany person presented for emergency observation and treatment uponwritten application of a law enforcement officer having custodyof that person pursuant toK.S.A. 59-29b53 and amendments thereto.Theapplication shall state:
(1) The name and address of the person sought to beadmitted, if known;
(2) the name and address of the person's spouse or nearestrelative, if known;
(3) the officer's belief that the person is or may be aperson with an alcohol or substance abuse problem subject toinvoluntary commitment for care and treatment and is likely tocause harm to self or others if not immediately detained;
(4) the factual circumstances in support of that beliefand the factual circumstances under which the person was takeninto custody including any known pending criminal charges; and
(5) the fact that the law enforcement officer will filethe petition provided for inK.S.A. 59-29b57 and amendments thereto,by the close of business of the first day thereafter that thedistrict court is open for the transaction of business, or thatthe officer has been informed by a parent, legal guardian orother person, whose name shall be stated in the application willfile the petition provided for inK.S.A. 59-29b57 and amendmentsthereto within that time.
(c) A treatment facility may admit and detain any personpresented for emergency observation and treatment upon thewritten application of any individual. The application shallstate:
(1) The name and address of the person sought to beadmitted, if known;
(2) the name and address of the person's spouse or nearestrelative, if known;
(3) the applicant's belief that the person may be a personwith an alcohol or substance abuse problem subject to involuntarycommitment and is likely to cause harm to self or others if notimmediately detained;
(4) the factual circumstances in support of that belief;
(5) any pending criminal charges, if known;
(6) the fact that the applicant will file the petitionprovided for inK.S.A. 59-29b57 and amendments thereto by the closeofbusiness of the first day thereafter that the district court isopen for the transaction of business; and
(7) the application shall also be accompanied by astatement in writing of a physician, psychologist or statecertified alcohol and drug abuse counselor finding that theperson is likely to be a person with an alcohol or substanceabuse problem subject to involuntary commitment for care andtreatment under this act.
(d) Any treatment facility or personnel thereof, who ingood faith renders treatment in accordance with law to any personadmitted pursuant to subsection (b) or (c), shall not be liablein a civil or criminal action based upon a claim that thetreatment was rendered without legal consent.
History: L. 1998, ch. 134, § 10; July 1.