Guam § 82201 - Authority to Evaluate a Person for Involuntary

§ 82201. Authority to Evaluate a Person for Involuntary

Hospitalization.

(a) A qualified mental health professional shall perform an examination

of any person alleged to have a mental illness and who as a result thereof is a

danger to self, a danger to others or gravely disabled.

(b) A qualified mental health professional shall form an opinion as to

whether the person does have a mental illness, and as a result thereof is a

danger to self, a danger to others or gravely disabled. The findings of the

examination shall be reduced to writing and recorded on the ‘72-hour hold

application’. The application shall specify the circumstances under which the

person's condition was brought to the attention of the qualified health

professional his conclusion that there is probable cause that the person is a

danger to self, a danger to others or gravely disabled as a result of a mental

disorder.

(c) If a person is admitted to a treatment facility pursuant to a qualified

health professional's opinion that he or she is a danger to self, a danger to

others or gravely disabled as a result of a mental disorder, he or she may

detained for evaluation and treatment for a period not to exceed 72 hours,

Saturdays, Sundays and holidays excluded.

(d) If in the judgment of the qualified health professional providing the

evaluation or treatment, the person can be properly treated without being

detained, the person shall be provided an evaluation, crisis intervention and

referral for other services on a voluntary basis.

(e) Each person admitted for a 72-hour evaluation and treatment shall

be released prior to the lapse of that period, if in the opinion of the qualified

mental health professional that person no longer requires evaluation or treat-

ment on a involuntary status. A person may stay longer than 72 hours for

treatment on a voluntary basis if that is clinically indicated.

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(f) At the end of the 72-hour period, a person who has been detained for

evaluation shall:

(1) be referred for further care and treatment on a voluntary basis;

or

(2) be certified for intensive treatment on the 28-day certification

as provided in this Title; or

(3) released from inpatient care.

(g) Neither a qualified mental health professional who has ordered the

detention of a person under this Chapter; nor a person on the staff at the

facility shall be held liable under a criminal or civil action for the detention

of the person in accordance with this Chapter for up to 72 hours, Saturdays,

Sundays and holidays excepted.

(h) If, in the judgment of the qualified health professional providing

the evaluation or treatment, the person can be properly treated without being

detained, the person shall be provided an evaluation, crisis intervention, and

referral for other services under an Assisted Outpatient Treatment Order

when the person:

(1) is a current or former client of GBHWC suffering from a

mental illness;

(2) as a result of mental illness, is unlikely to voluntarily

participate in outpatient treatment that would enable him or her to live

safely in the community;

(3) has a history of poor treatment compliance for mental illness;

and

(4) in view of his or her treatment and current behavior, is in

need of assisted outpatient treatment in order to prevent relapse or

deterioration which would likely result in:

(A) a substantial risk of physical harm to the consumer as

manifested by threats or attempts at suicide or serious bodily harm

or conduct demonstrating that the consumer is dangerous to

himself or herself, or

(B) a substantial risk of physical harm to other persons as

manifested by homicidal or other violent behavior by which others

are placed in reasonable fear of serious physical harm.

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