2005 Rhode Island Code - § 40.1-5-6 — Voluntary admission. [Effective until May 1, 2006.].

    (a) General. Any individual of lawful age may apply for voluntary admission to any facility provided for by this law seeking care and treatment for alleged mental disability. The application shall be in writing, signed by the applicant in the presence of at least one witness, who shall attest to the application by placing his or her name and address thereon. If the applicant has not yet attained his or her eighteenth birthday, the application shall be signed by him or her and his or her parent, guardian, or next of kin.

   (b) Period of treatment. If it is determined that the applicant is in need of care and treatment for mental disability and no suitable alternatives to admission are available, he or she shall be admitted for a period not to exceed thirty (30) days. Successive applications for continued voluntary status may be made for successive periods not to exceed ninety (90) days each, so long as care and treatment is deemed necessary and documented in accordance with the requirements of this chapter, and no suitable alternatives to admission are available.

   (c) Discharge. (1) A voluntary patient shall be discharged no later than the end of the business day following of his or her presenting a written notice his or her intent to leave the facility to the medical official in charge or the medical official designated by him or her, unless that official or another qualified person from the facility files an application for the patient's civil court certification pursuant to § 40.1-5-8. The notice shall be on a form prescribed by the director and made available to all patients at all times. If a decision to file an application for civil court certification is made, the patient concerned and his or her legal guardian(s), if any, shall receive immediately, but in no event later than twelve (12) hours from the making of the decision, notice of the intention from the official in charge of the facility, or his or her designee, and the patient may, in the discretion of the official, be detained for an additional period not to exceed two (2) business days, pending the filing and setting down for hearing of the application under § 40.1-5-8.

   (2) A voluntary patient who gives notice of his or her intention or desire to leave the facility may at any time during the period of his or her hospitalization prior to any certification pursuant to § 40.1-5-8, following the giving of the notice, submit a written communication withdrawing the notice, whereby his or her voluntary status shall be considered to continue unchanged until the expiration of thirty (30) or ninety (90) days as provided in subsection (b). In the case of an individual under eighteen (18) years of age, the notice or withdrawal of notice may be given by either of the persons who made the application for his or her admission, or by a person of equal or closer relationship to the patient, who shall, as well, receive notice from the official in charge indicating a decision to present an application for civil court certification. The official may in his or her discretion refuse to discharge the patient upon notice given by any person other than the person who made the application, and in the event of such a refusal the person giving notice may apply to a justice of the family court for release of the patient.

   (d) Examination at facility. The medical official in charge of a facility shall ensure that all voluntary patients receive preliminary physical and psychiatric examinations within twenty-four (24) hours of admission. Furthermore, a complete psychiatric examination shall be conducted to determine whether the person qualifies for care and treatment under the provisions of this chapter. The examination shall begin within forty-eight (48) hours of admission and shall be concluded as soon as practicable, but in no case shall extend beyond five (5) days. The examination shall include an investigation with the prospective patient of (1) what alternatives for admission are available and (2) why those alternatives are not suitable. The alternatives for admission investigated and reasons for unsuitability, if any, shall be recorded on the patient's record. If it is determined that the patient does not belong to the voluntary class in that a suitable alternative to admission is available, or is otherwise ineligible for care and treatment, he or she shall be discharged.

   (e) Rights of voluntary patients. A voluntary patient shall be informed in writing of his or her status and rights as a voluntary patient immediately upon his or her admission, and again at the time of his or her periodic review(s) as provided in § 40.1-5-10, including his or her rights pursuant to § 40.1-5-5(f). Blank forms for purposes of indicating an intention or desire to leave a facility shall be available at all times and on and in all wards and segments of a facility wherein voluntary patients may reside.