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2003 SESSION

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HB 2011 Emergency custody orders; adult persons mentally disabled.

Introduced by: Robert B. Bell | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Emergency custody orders for adult persons who are mentally disabled as a result of physical injury or illness. Provides that, based upon the opinion of a licensed physician that an adult person is incapable of making an informed decision regarding treatment as a result of a physical injury or illness and that the medical standard of care indicates that testing, observation and treatment are necessary to prevent imminent and irreversible harm, a magistrate may issue, for good cause shown, an emergency custody order for such adult person to be taken into custody and transported to a hospital emergency room. This bill requires that, prior to issuance of an emergency custody order the magistrate must ascertain that there is no legally authorized person available to give consent to necessary treatment for the adult person, and that the adult person (i) is incapable of making an informed decision regarding obtaining necessary treatment, (ii) has refused transport to obtain such necessary treatment, (iii) has indicated an intention to resist such transport, and (iv) is unlikely to become capable of making an informed decision regarding obtaining necessary treatment within the time required for such decision. An opinion by the licensed physician that an adult person is incapable of making an informed decision as a result of physical injury or illness can only be rendered after such licensed physician has communicated electronically or personally with the adult person and the emergency medical services personnel on the scene to obtain information and medical data concerning the cause of the adult person's incapacity, has attempted to obtain consent from the adult person personally and has failed to obtain such consent. If there is a change in the person's condition, the emergency medical services personnel shall contact the licensed physician. If at any time the licensed physician determines that the person has become capable of making and communicating an informed decision, such physician shall rely on the person's decision on whether to consent to further observation, testing or treatment. The person must remain in custody until an evaluation by a licensed physician is performed or the person is otherwise admitted or detained, but in no event can the period of custody exceed four hours. The law-enforcement officer may lawfully go to or be sent beyond the territorial limits of the county, city or town in which he serves to any point in the Commonwealth for the purpose of executing an order for emergency custody. Nothing precludes a law-enforcement officer from obtaining emergency medical treatment or further medical evaluation at any time for a person in his custody. If an order of emergency custody is not executed within four hours of its issuance, the order will be void and will be returned unexecuted to the office of the clerk of the issuing court or, if such office is not open, to any judge or magistrate thereof.


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