Section 22-A103. INFORMED CONSENT NOT REQUIRED IN EMERGENCY

 

103.1An emergency means a situation in which a consumer is experiencing a mental health crisis and in which the immediate provision of mental health treatment is necessary to prevent serious injury to the consumer or others.

 

103.2If an emergency exists, the MH provider shall obtain a written opinion from either the consumer's attending physician or treating physician stating that delay in obtaining informed consent to the mental health service, mental health support or treatment is likely to result in serious injury to the consumer (Emergency Opinion). If the MH provider has information that the consumer would not consent to emergency treatment based on the consumer's religious beliefs, the MH provider must obtain a court order prior to administering treatment that would terminate the emergency.

 

103.3After receipt of the Emergency Opinion, the MH provider shall provide mental health services, mental health supports or treatment to the extent necessary to terminate the emergency.

 

source

New by emergency and proposed rulemaking at 49 DCR 3058(July 19, 2002)[EXPIRED]; as amended by emergency and proposed rulemaking at 49 DCR 8768(September 20, 2002)[EXPIRED]; Final Rulemaking published at 49 DCR 11245 (December 13, 2002).