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State Laws on Emergency Holds for Mental Health Stabilization.

Publication ,  Journal Article
Hedman, LC; Petrila, J; Fisher, WH; Swanson, JW; Dingman, DA; Burris, S
Published in: Psychiatr Serv
May 1, 2016

OBJECTIVE: Psychiatric emergency hold laws permit involuntary admission to a health care facility of a person with an acute mental illness under certain circumstances. This study documented critical variation in state laws, identified important questions for evaluation research, and created a data set of laws to facilitate the public health law research of emergency hold laws' impact on mental health outcomes. METHODS: The research team built a 50-state, open-source data set of laws currently governing emergency holds. A protocol and codebook were developed so that the study may be replicated and extended longitudinally, allowing future research to accurately capture changes to current laws. RESULTS: Although every state and the District of Columbia have emergency hold laws, state law varies on the duration of emergency holds, who can initiate an emergency hold, the extent of judicial oversight, and the rights of patients during the hold. The core criterion justifying an involuntary hold is mental illness that results in danger to self or others, but many states have added further specifications. Only 22 states require some form of judicial review of the emergency hold process, and only nine require a judge to certify the commitment before a person is hospitalized. Five states do not guarantee assessment by a qualified mental health professional during the emergency hold. CONCLUSIONS: The article highlights variability in state law for emergency holds of persons with acute mental illness. How this variability affects the individual, the treatment system, and law enforcement behavior is unknown. Research is needed to guide policy making and implementation on these issues.

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Published In

Psychiatr Serv

DOI

EISSN

1557-9700

Publication Date

May 1, 2016

Volume

67

Issue

5

Start / End Page

529 / 535

Location

United States

Related Subject Headings

  • United States
  • Time Factors
  • Psychiatry
  • Mental Health Services
  • Mental Disorders
  • Humans
  • Emergencies
  • Commitment of Mentally Ill
  • 4203 Health services and systems
  • 3202 Clinical sciences
 

Citation

APA
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MLA
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Hedman, L. C., Petrila, J., Fisher, W. H., Swanson, J. W., Dingman, D. A., & Burris, S. (2016). State Laws on Emergency Holds for Mental Health Stabilization. Psychiatr Serv, 67(5), 529–535. https://doi.org/10.1176/appi.ps.201500205
Hedman, Leslie C., John Petrila, William H. Fisher, Jeffrey W. Swanson, Deirdre A. Dingman, and Scott Burris. “State Laws on Emergency Holds for Mental Health Stabilization.Psychiatr Serv 67, no. 5 (May 1, 2016): 529–35. https://doi.org/10.1176/appi.ps.201500205.
Hedman LC, Petrila J, Fisher WH, Swanson JW, Dingman DA, Burris S. State Laws on Emergency Holds for Mental Health Stabilization. Psychiatr Serv. 2016 May 1;67(5):529–35.
Hedman, Leslie C., et al. “State Laws on Emergency Holds for Mental Health Stabilization.Psychiatr Serv, vol. 67, no. 5, May 2016, pp. 529–35. Pubmed, doi:10.1176/appi.ps.201500205.
Hedman LC, Petrila J, Fisher WH, Swanson JW, Dingman DA, Burris S. State Laws on Emergency Holds for Mental Health Stabilization. Psychiatr Serv. 2016 May 1;67(5):529–535.
Journal cover image

Published In

Psychiatr Serv

DOI

EISSN

1557-9700

Publication Date

May 1, 2016

Volume

67

Issue

5

Start / End Page

529 / 535

Location

United States

Related Subject Headings

  • United States
  • Time Factors
  • Psychiatry
  • Mental Health Services
  • Mental Disorders
  • Humans
  • Emergencies
  • Commitment of Mentally Ill
  • 4203 Health services and systems
  • 3202 Clinical sciences