LD 1968
pg. 210
Page 209 of 217 PUBLIC Law Chapter 519 Page 211 of 217
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LR 3074
Item 1

 
under subsection 5.__Participation in the program is temporarily
suspended if the person is voluntarily rehospitalized and
recommences upon discharge from the hospital.

 
4.__Successful completion.__ A person who fully participates
in the program and who follows the individualized treatment plan
successfully completes the program upon expiration of 6 months or
certification by the assertive community treatment team physician
or psychologist that the person is no longer in need of the
services of the program.

 
5. Termination of participation.__Failure of a person to
fully participate in the program and follow the individualized
treatment plan may result in termination of participation in the
program and rehospitalization under this subsection.

 
A.__If the person does not fully participate in the program
and follow the individualized treatment plan and if the
assertive community treatment team physician or psychologist
determines, based on clinical findings, that as a result of
failure to fully participate or follow the individualized
treatment plan the person's mental health has deteriorated
so that hospitalization is in the person's best interest and
the person poses a likelihood of serious harm as defined in
section 3801, subsection 4, paragraph D, the assertive
community treatment team physician or psychologist shall
complete a certificate stating that the person requires
hospitalization and the grounds for that belief.__The person
may agree to hospitalization or may be subject to an
application for readmission under paragraph B.

 
B.__A person who participates in the progressive treatment
program may be rehospitalized on an emergency basis under
the provisions of section 3863 if the judicial officer
reviewing the certificate under section 3863, subsection 3
finds that rehospitalization is in the person's best
interest and that the person poses a likelihood of serious
harm as defined in section 3801, subsection 4, paragraph D.__
This paragraph does not preclude the use of protective
custody by law enforcement officers pursuant to section
3862.

 
C.__A person who participates in the progressive treatment
program may be committed under section 3864 if the court
reviewing the application finds that hospitalization is in
the person's best interest and that the person poses a
likelihood of serious harm as defined in section 3801,
subsection 4, paragraph D.

 
D.__If the person has an advance directive or durable power of
attorney or a guardian, the advance directive may be


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