LD 1941
pg. 9
Page 8 of 15 An Act Regarding Involuntary Commitment for Substance Abuse Page 10 of 15
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LR 1459
Item 1

 
9.__Postadmission examination.__Every person admitted to an
approved treatment facility must be examined immediately after
admission in accordance with the following.

 
A.__The administrator of the approved treatment facility
shall arrange for examination of every person admitted under
this section by a staff physician.

 
B.__The physician performing the examination may not be the
physician who performed the certifying examination under
this section or under section 20045-D.

 
C.__If the postadmission examination is not held within 48
hours after the time of the admission or if a staff
physician fails or refuses after the examination to certify
that, in the physician's opinion, the person continues to be
a chemically dependent person who is incapacitated, the
person must be immediately discharged.

 
§20045-C.__Habeas corpus

 
A person detained pursuant to this subchapter is entitled to
the writ of habeas corpus, upon proper petition by the person or
by another person to a justice generally empowered to issue the
writ of habeas corpus in the county in which the person is
detained.

 
§20045-D.__Continued involuntary treatment

 
1.__Application.__If the administrator or the admitting
physician of the approved treatment facility determines that a
chemically dependent person committed under section 20045-B needs
continued treatment, the administrator or admitting physician may
make an application to the District Court for the continued
involuntary treatment of the person at an approved treatment
facility.__The application to the court must be accompanied by:

 
A.__The emergency treatment order issued under section
20045-B;

 
B.__The certificate of examination by a physician under
section 20045-B, subsection 2;

 
C. The certificate of postadmission examination by a
physician under section 20045-B, subsection 9 that:

 
(1)__The physician has examined the patient; and


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