Page:United States Statutes at Large Volume 76A.djvu/450

–354– -354institution in which the individual may be, if the application is accompanied by a certificate of a licensed physician stating that on a basis of an examination held not more than 15 days prior to the individual's admission, the individual is in his opinion mentally ill, or has symptoms of mental illness, and because of his illness either: (A) is likely to injure himself or others if allowed to remain at liberty, or (B) is in need of care or treatment in a hospital. § 1633. Emergency hospitalization (a) If the certificate by a licensed physician under section 1632(2) of this title states a belief that the individual (A) is likely to injure himself or others if allowed to remain at liberty, or (B) is in need of immediate hospitalization, any interested party or peace officer may, upon indorsement of the certificate for that purpose by the health director or by the judge of the district court or a magistrate in the Canal Zone, take the individual into custody, apply to a hospital for his admission, and transport him thereto. (b) Any interested party or peace officer who has good and valid reason to believe that an individual is mentally ill, and because of his illness is likely to injure himself or others if not immediately restrained, pending examination or certification by a licensed physician or pending indorsement of the certification as provided in subsection (a) of this section, may take the individual into custody, apply to a hospital for his admission, and transport him thereto. The application for admission shall state the circumstances under which the individual was taken into custody and the reason for the applicant's belief concerning the individual's mental condition. § 1634. Newly-admitted patients (a) The head of the hospital shall cause to be held a preliminary examination by a designated examiner, within a period not to exceed 48 hours after the close of the day of admission of every patient, to determine if there is a reasonable necessity existing for his continued hospitalization and immediate medical care. (b) At the end of the 48-hour period, a patient so admitted pursuant to section 1632(2) or 1633 of this title shall, without need of application therefor, be discharged if a preliminary examination has not been held or if, upon examination, the designated examiner refuses or fails to certify to the head of the hospital that in his opinion the patient is mentally ill and either is likely to injure himself or others if allowed at liberty, or is in need of care or treatment in a hospital and because of his illness lacks sufficient insight or capacity to make a responsible decision concerning his hospitalization. In the case of such a discharge, notice thereof shall be given to the person who applied for the patient's admission and, if the indorsement procedures of section 1633 of this title were utilized, to the appropriate indorsing official or court. (c) A patient admitted pursuant to section 1632(2) or 1633 of this title may remain for treatment on a voluntary basis under the same conditions prescribed for patients admitted pursuant to section 1632(1) of this title, with the provisions of section 1635 of this title applying with respect to discharge. If a patient admitted pursuant to section 1632(2) or 1633 of this title elects to remain for treatment on a voluntary basis, the head of the hospital shall certify that the patient has at the time sufficient insight or capacity to make responsible application for his own hospitalization. In these instances, notice shall be given of the patient's decision to remain on a voluntary basis to the health director and to the person who applied for the patient's admission and, where the indorsement procedures of section 1633 of this title were utilized, to the appropriate indorsing official or court.

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