§ 122C-266. Inpatient commitment; second examination and treatment pending hearing. - North Carolina Statutes

§122C‑266.  Inpatient commitment; second examination and treatment pendinghearing.

(a)        Except as providedin subsections (b) and (e), within 24 hours of arrival at a 24‑hourfacility described in G.S. 122C‑252, the respondent shall be examined bya physician. This physician shall not be the same physician who completed thecertificate or examination under the provisions of G.S. 122C‑262 or G.S.122C‑263. The examination shall include but is not limited to theassessment specified in G.S. 122C‑263(c).

(1)        If the physicianfinds that the respondent is mentally ill and is dangerous to self, as definedby G.S. 122C‑3(11)a., or others, as defined by G.S. 122C‑3(11)b.,the physician shall hold the respondent at the facility pending the districtcourt hearing.

(2)        If the physicianfinds that the respondent meets the criteria for outpatient commitment underG.S. 122C‑263(d)(1), the physician shall show these findings on thephysician's examination report, release the respondent pending the districtcourt hearing, and notify the clerk of superior court of the county where thepetition was initiated of these findings. In addition, the examining physicianshall show on the examination report the name, address, and telephone number ofthe proposed outpatient treatment physician or center. The physician shall givethe respondent a written notice listing the name, address, and telephone numberof the proposed outpatient treatment physician or center and directing therespondent to appear at that address at a specified date and time. Theexamining physician before the appointment shall notify by telephone and shallsend a copy of the notice and the examination report to the proposed outpatienttreatment physician or center.

(3)        If the physicianfinds that the respondent does not meet the criteria for commitment undereither G.S. 122C‑263(d)(1) or G.S. 122C‑263(d)(2), the physicianshall release the respondent and the proceedings shall be terminated.

(4)        If the respondent isreleased under subdivisions (2) or (3) of this subsection, the law enforcementofficer or other person designated to provide transportation shall return therespondent to the respondent's residence in the originating county or, ifrequested by the respondent, to another location in the originating county.

(b)        If the custodyorder states that the respondent was charged with a violent crime, including acrime involving assault with a deadly weapon, and that he was found incapableof proceeding, the physician shall examine him as set forth in subsection (a)of this section. However, the physician may not release him from the facilityuntil ordered to do so following the district court hearing.

(c)        The findings of thephysician and the facts on which they are based shall be in writing, in allcases. A copy of the findings shall be sent to the clerk of superior court byreliable and expeditious means.

(d)        Pending thedistrict court hearing, the physician attending the respondent may administerto the respondent reasonable and appropriate medication and treatment that isconsistent with accepted medical standards. Except as provided in subsection(b) of this section, if at any time pending the district court hearing, theattending physician determines that the respondent no longer meets the criteriaof either G.S. 122C‑263(d)(1) or (d)(2), he shall release the respondentand notify the clerk of court and the proceedings shall be terminated.

(e)        If the 24‑hourfacility described in G.S. 122C‑252 or G.S. 122C‑262 is thefacility in which the first examination by a physician or eligible psychologistoccurred and is the same facility in which the respondent is held, the secondexamination shall occur not later than the following regular working day. (1973,c. 726, s. 1; c. 1408, s. 1; 1977, c. 400, s. 6; 1979, c. 915, s. 6; 1983, c.380, s. 5; c. 638, ss. 9, 10; c. 864, s. 4; 1985, c. 589, s. 2; c. 695, s. 2;1987, c. 596, s. 4; 1989 (Reg. Sess., 1990), c. 823, s. 6; 1991, c. 37, s. 9;1995 (Reg. Sess., 1996), c. 739, s. 10(a), (b).)