2006 Ohio Revised Code - 5122.05. Admission and rights of involuntary patients.

§ 5122.05. Admission and rights of involuntary patients.
 

(A)  The chief clinical officer of a hospital may, and the chief clinical officer of a public hospital in all cases of psychiatric medical emergencies, shall receive for observation, diagnosis, care, and treatment any person whose admission is applied for under any of the following procedures: 

(1) Emergency procedure, as provided in section 5122.10 of the Revised Code; 

(2) Judicial procedure as provided in sections 2945.38, 2945.39, 2945.40, 2945.401 [2945.40.1], 2945.402 [2945.40.2], and 5122.11 to 5122.15 of the Revised Code. 

Upon application for such admission, the chief clinical officer of a hospital immediately shall notify the board of the patient's county of residence. To assist the hospital in determining whether the patient is subject to involuntary hospitalization and whether alternative services are available, the board or an agency the board designates promptly shall assess the patient unless the board or agency already has performed such assessment, or unless the commitment is pursuant to section 2945.38, 2945.39, 2945.40, 2945.401 [2945.40.1], or 2945.402 [2945.40.2] of the Revised Code. 

(B)  No person who is being treated by spiritual means through prayer alone, in accordance with a recognized religious method of healing, may be involuntarily committed unless the court has determined that the person represents a substantial risk of impairment or injury to self or others; 

(C)  Any person who is involuntarily detained in a hospital or otherwise is in custody under this chapter, immediately upon being taken into custody, shall be informed and provided with a written statement that the person may do any of the following: 

(1) Immediately make a reasonable number of telephone calls or use other reasonable means to contact an attorney, a licensed physician, or a licensed clinical psychologist, to contact any other person or persons to secure representation by counsel, or to obtain medical or psychological assistance, and be provided assistance in making calls if the assistance is needed and requested; 

(2) Retain counsel and have independent expert evaluation of the person's mental condition and, if the person is unable to obtain an attorney or independent expert evaluation, be represented by court-appointed counsel or have independent expert evaluation of the person's mental condition, or both, at public expense if the person is indigent; 

(3) Have a hearing to determine whether or not the person is a mentally ill person subject to hospitalization by court order. 
 

HISTORY: 129 v 1448(1460) (Eff 10-25-61); 136 v H 244 (Eff 8-26-76); 137 v H 725 (Eff 3-16-78); 138 v S 297 (Eff 4-30-80); 142 v S 156 (Eff 7-1-89); 146 v S 310 (Eff 6-20-96); 146 v S 285. Eff 7-1-97.
 

The effective date is set by section 4 of SB 285.