Section 47.37.190. Involuntary commitment.

   (a) A spouse or guardian, a relative, the certifying physician, physician assistant, advanced practice registered nurse, or the administrator in charge of an approved public treatment facility may petition the court for a 30-day involuntary commitment order. The petition must allege that the person is an alcoholic or drug abuser who (1) has threatened, attempted to inflict, or inflicted physical harm on another and that unless committed is likely to inflict physical harm on another; or (2) is incapacitated by alcohol or drugs. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment. The petition must be accompanied by a certificate of a licensed physician, physician assistant, or advanced practice registered nurse who has examined the person within two days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal must be alleged in the petition. The certificate must set out the physician's, physician assistant's, or advanced practice registered nurse's findings of the examination in support of the allegations of the petition.
   (b) After the petition is filed, the court shall fix a date for a hearing no later than 10 days after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served on
        (1) the petitioner;
        (2) the person whose commitment is sought or the person's guardian, if any;
        (3) the attorney representing the person whose commitment is sought;
        (4) the administrator in charge of the approved public or private treatment facility in which the committed person has been committed for emergency care; and
        (5) any other person the court considers appropriate.
   (c) A person who is the subject of a petition filed under this section does not have the right to a jury.

Authorities

47.37.180;47.37.200;47.37.205;47.37.207

Notes

Recent Bills that will modify this

SB 53 ADVANCED PRACTICE REGISTERED NURSES

References

AS 47.37.180 Emergency commitment.
AS 47.37.200 Hearing, commitment, facility, discharge, transfer, and rights.
AS 47.37.205 Procedure for recommitment following 30-day commitment.
AS 47.37.207 Unauthorized absences: return to facility.

History

(Sec. 1 ch 207 SLA 1972; am Sec. 7 ch 150 SLA 1980; am Sec. 8 - 10 ch 66 SLA 1996; am Sec. 3 ch 72 SLA 2001; am Sec. 58 ch 33 SLA 2016)