This section sets rules for voluntary mental health evaluations, including notice, timing, consent, and what happens if the person does not attend or finish scheduled appointments.
36-522 - Voluntary evaluations; consent; failure to complete; definitions 36-522. Voluntary evaluations; consent; failure to complete; definitions A. On receipt of an application for court-ordered evaluation, if the petition for court-ordered evaluation is not filed because it has been determined that the proposed patient will voluntarily receive an evaluation and is unlikely to present a danger to self or others until the voluntary evaluation, the evaluation agency provided for by the county, or a licensed behavioral health provider selected by the proposed patient, shall be immediately notified by the evaluation agency and shall provide a voluntary evaluation of the proposed patient at a scheduled time and place within ten days after the notice. The voluntary evaluation may be on an inpatient or outpatient basis and on completion shall be immediately delivered to the evaluation agency provided for by the county. The evaluation agency provided for by the county shall confirm receipt of the voluntary evaluation. If the voluntary evaluation recommends that the patient receive a court-ordered evaluation, the recommendation must be accompanied with an application for court-ordered evaluation. B. Voluntary inpatient evaluation is subject to article 3 of this chapter. Informed consent for voluntary inpatient evaluation may be granted by the person, the person's court-appointed guardian with inpatient authority or the person's designated agent pursuant to a power of attorney that includes authority to consent to inpatient evaluation or treatment. C. Voluntary outpatient evaluation shall conform to the requirements of section 36-530, subsection D and section 36-531, subsections B, C and D and shall proceed only after the person to be evaluated has given consent to be evaluated by signing a form prescribed by the director that includes information to the proposed patient that the patient-physician privilege does not apply and that the voluntary outpatient evaluation may result in a petition for the person to undergo court-ordered treatment or for guardianship. Informed consent for voluntary outpatient evaluation may be granted by the person, the person's court-appointed guardian or the person's designated agent pursuant to a power of attorney that includes authority to consent to evaluation or treatment. D. If the person who requested a voluntary evaluation does not appear or does not complete the appointments scheduled, the evaluation agency provided for by the county shall be immediately notified by the provider who was to conduct the voluntary evaluation. The evaluation agency shall then provide prepetition screening of the application for court-ordered evaluation in accordance with sections 36-521 and 36-521.01. E. For the purposes of this section: 1. "Licensed behavioral health provider" means any of the following: (a) A person who is licensed pursuant to title 32, chapter 33 and whose scope of practice allows the person to either: (i) Independently engage in the practice of behavioral health. (ii) Except for a licensed addiction technician, engage in the practice of behavioral health under direct supervision. (b) A psychiatrist. (c) A psychologist who is licensed pursuant to title 32, chapter 19.1. (d) A registered nurse practitioner who is licensed pursuant to title 32, chapter 15 and who is certified as an adult psychiatric and mental health nurse. 2. "Practice of behavioral health" has the same meaning prescribed in section 32-3251.