632.105. 1. The head of a private mental health facilitymay, and the head of a department mental health facility shall,except in the case of a medical emergency and subject to theavailability of suitable programs and accommodations, accept forevaluation, on an outpatient basis if practicable, any personeighteen years of age or over who applies for his admission. Thedepartment may require that a community-based service where theperson resides perform the evaluation pursuant to an affiliationagreement and contract with the department.
2. If a person is diagnosed as having a mental disorder,other than mental retardation or developmental disability withoutanother accompanying mental disorder, and is determined to be inneed of inpatient treatment, the person may be admitted by aprivate mental health facility and shall be admitted by adepartment mental health facility, if suitable accommodations areavailable, for care and treatment as an inpatient for suchperiods and under such conditions as authorized by law. Thedepartment may require that a community-based service where thepatient resides admit the person for inpatient care and treatmentpursuant to an affiliation agreement and contract with thedepartment.
3. A person who is admitted under this section is avoluntary patient and shall have the right to consent toevaluation, care, treatment and rehabilitation and shall not bemedicated without his prior voluntary and informed consent;except that medication may be given in emergency situations.
(L. 1980 H.B. 1724)