LD 1941
pg. 5
Page 4 of 15 An Act Regarding Involuntary Commitment for Substance Abuse Page 6 of 15
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LR 1459
Item 1

 
order.__The health care professional or other person shall make a
written application to the physician stating:

 
A.__The health care professional or other person's belief
that the person is a chemically dependent person who is
incapacitated and poses a likelihood of serious and imminent
harm to that chemically dependent person; and

 
B.__The grounds for this belief.

 
2.__Transportation by health care professional or other
person.__If an emergency treatment order is executed after an
application is made under subsection 1,__the health care
professional or other person accompanying the chemically
dependent person shall try to transport the chemically dependent
person to an approved treatment facility for an admission
assessment.

 
3.__Law enforcement officer.__If a law enforcement officer has
reasonable grounds to believe, based upon personal observation,
that a person may be incapacitated by alcohol or other drugs, the
officer may take that person into protective custody and:

 
A.__Take the person to an approved treatment facility;

 
B.__Take the person to an emergency medical facility; or

 
C.__Deliver the person for examination to an available
licensed physician as provided in section 20045-B.

 
4.__Emergency treatment order executed.__If a physician
determines after an examination pursuant to section 20045-B,
subsection 2 that the person is incapacitated, the examiner shall
execute an emergency treatment order in accordance with section
20045-B. Upon execution of the emergency treatment order, the law
enforcement officer shall take the person immediately to an
approved treatment facility for an admission assessment.

 
5.__Emergency treatment order not executed.__If a physician
determines after an examination pursuant to section 20045-B,
subsection 2 that the person is not incapacitated, the law
enforcement officer shall:

 
A.__Release the person from protective custody and, with
that person's permission, return or make arrangements for
the return of the person to that person's place of
residence, if the place of residence is within the
territorial jurisdiction of the officer;


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