involuntary commitment processes for emergency department staff
TRANSCRIPT
Cat Patteson, BA, QMHPCat Patteson, BA, QMHPBHH Inpatient Adult and BHH Inpatient Adult and
Child/Adolescent ServicesChild/Adolescent ServicesCare Mgmt/Clinical Social Work Asst.Care Mgmt/Clinical Social Work Asst.
The MD/DO fills out an “Affidavit and Petition
for Involuntary Commitment” form as well as the first “Examination and Recommendation” form.
Have the Affidavit notarized. Call the magistrate to let them know you will
be faxing petition papers and obtain any special instructions they may request.
Petitioning an Existing Patient
Notarized
Fax the paperwork to the magistrate. Ensure the “Findings and Custody Order” is delivered
by law enforcement within 24 hours. If it is not the petition expires at that time. Ensure “Section A” of the Custody order is appropriately filled out by law enforcement.
Send original IVC paperwork to the Clerk of Court. Place IVC paperwork delivered by law enforcement in shadow chart.
The patient may be held in the ED up to 7 days waiting to be transported to a “24 hour mental health facility” (such as BHH, CRH, ADATC etc.).
If the patient waits in the ED longer than 7 days the petition has expired.
Petitioning an Existing Patient cont’d
Forms: Affidavit
Forms: Involuntary Commitment
Forms: Custody
Place all IVC documents in shadow chart. If a patient is admitted under IVC it is imperative
to check if they have had a first “Examination and Recommendation” form filled out. If a patient was transferred from Monarch or
another provider they may have had this completed.
If a patient was petitioned by a family member, law enforcement, or another layperson they will need to have the first “Examination and Recommendation” form completed by a MD/DO within 24 hours of the petition being filed.
Patients Admitted Under IVC
Once a patient is under IVC a Physician must
create an order to discontinue the patient’s IVC. This might be done by discharging them to their home or allowing them to sign voluntary.
A patient under IVC cannot sign for voluntary consent for admission to BHH without a Physician order.
Miscellaneous
Physician Order
Needed
Example 1
A 24 yo patient presents to the Emergency Department via Sheriff. The patient was petitioned by his mother an hour before hand. What needs to be completed?
Scenarios
A first “Examination and Recommendation” form by a MD/DO.
Example 2
An adult presents to the ED feeling unsafe. The patient states they want to leave in order to end their life. The Physician decides to place the patient under IVC. The physician fills out the “Affidavit and Petition for Involuntary Commitment” and a first “Examination and Recommendation” form. What happens next?
Scenarios
The affidavit must be notarized and both forms front and back must be faxed to the appropriate magistrate. The “Findings and Custody Order” will be delivered within 24 hours by law enforcement.
NC General Statues 122C-261. & 122C-263. UNC School of Governance
http://www.sog.unc.edu/node/858
References