As Amended
SEC. 41-21-69. Examination by physicians; presence of attorney.
(1)
(a) The physicians and any psychologist so appointed shall forthwith make a full inquiry into the condition of the person alleged to be in need of treatment and shall make a mental examination and physical evaluation of such person, and shall make a report and certificate of their findings of all mental and acute physical problems to the clerk of said court, which report and such certificate shall set forth the facts as found by the physicians and any psychologist; such certificate and report shall state whether or not they are of the opinion that the proposed patient is suffering a disability defined in Sections 41-21-61 through 41-21-107 and should be committed to a treatment facility. The statement shall include the reasons for such opinion. The examination may be based upon a history provided by the patient and the report and certificate of findings shall include an identification of all mental and physical problems identified by the examination.
(b) If the physicians and any psychologist so appointed find: (i) the respondent is mentally ill; (ii) the respondent is capable of surviving safely in the community with available supervision from family, friends or others; (iii) based on the respondent's treatment history and other applicable medical or psychiatric indicia, the respondent is in need of treatment in order to prevent further disability or deterioration which would result in significant deterioration in the ability to carry out activities of daily living; and (iv) his or her current mental status or the nature of his or her illness limits or negates his or her ability to make an informed decision to seek voluntarily or comply with recommended treatment; the physicians and any psychologist so appointed shall so show on the examination report and certification and shall recommend outpatient commitment. The examining physicians and any eligible psychologist shall also show the name, address and telephone number at the proposed outpatient treatment physician or facility.
(2) Such examination shall be conducted and concluded within twenty-four (24) hours after the order for examination and appointment of attorney, and the certificate of the physicians and any psychologist shall be filed with the clerk of the court within said time, unless the running of said period extends into nonbusiness hours, in which event the certificate shall be filed at the commencement of the next business day. Provided, however, that should the examining physicians and any psychologist be of the opinion that additional time to complete the examination is necessary, and this fact is communicated to the chancery clerk or chancellor, the clerk or chancellor shall have authority to extend the time for completion of the examination and the filing of the certificates, such extension to be not more than eight (8) hours.
(3) At the beginning of the examination, the respondent shall be told in plain language of the purpose of the examination, the possible consequences of the examination, of his right to refuse to answer any questions, and his right to have his attorney present.
SOURCES: Laws, 1975, ch. 492, Sec. 3(4, 5); 1984, ch. 477, Sec. 5; 1985, ch. 454, Sec. 3, eff from and after July 1, 1985. Laws, 1994, ch. 533, Sec. 4; 1994, ch. 599, Sec. 4, eff from and after July 2, 1994