If you are “Pink-Slipped” or Involuntarily Admitted to a facility a lot of things are happening and you need to remember you are still owed some rights.
Here are five things to remember …
If the application for your Involuntary Hospitalization is not made by a “designated physician”, the facility MUST conduct a psychiatric examination within TWO HOURS of your arrival at the facility.
*If the designated physician is involved in an emergency this two-hour time line can be extended.
This designated physician can only admit you if they find:
a. Failure to hospitalize you would create a
b. “likelihood of serious harm” and
c. That you have a mental illness
Upon your admission to the facility, you have the following rights:
a. Informed of your rights while in the facility;
b. Informed that the facility can only keep for 3 BUSINESS days maximum, unless they file a petition before the 3 BUSINESS expire to commit you;
c. A psychiatric and physical examination within 24 hours of your arrival; and
d. Right to counsel – as soon as you request an attorney the facility needs to notify the appropriate state agency.
You also have the Right to convert your status to a conditional voluntary at any time if you meet the criteria.
By signing this form, the facility considers you to have capacity to make the decision to admit yourself to the facility as a voluntary patient. If you sign this form, you do not have the right to leave the facility whenever you want. As a conditional voluntary patient, you remain on this status, until the hospital decides to discharge you, you ask to leave by filing a "three-day notice," or the hospital decides to pursue commitment.
You also have the Right to an emergency hearing if the facility has abused or misused their authority. This hearing is mandatory unless the request is “patently frivolous” on its face. You have the right to be present at this hearing and to be heard.
Have questions or concerns about mental health litigation? Contact us to discuss further:
E.M. Curran & Associates LLC