Re: Release of Patients Rece

[David Scherer <scherer@uiuc.edu>]

<snip>
>I don't believe you can restrain them unless it is clear that the patient is
>mentally incompetent.

I don't think incompetence (i.e. limited ability) is enough to restrain a
patient.  Also, the proceedings to establish incompetence would probably not
be timely.

The patient could be involuntarily committed if two physicians agree that
(1) the patient is mentally ill, (2) the patient is a danger to himself or
others, and (3) the patient's condition can be ameliorated by treatment.
(The imminent danger standard usually means homocidal or suicidal
tendancies.  I-131 contamination would probably not qualify.)  In most US
states (maybe all) a patient may be held for 24 hours for evaluation without
a hearing, but a judge's order is required to hold a patient longer against
their will.

Regards,
Dave Scherer
scherer@uiuc.edu

Disclaimer: I'm not a psychiatrist or lawyer, nor do I play one on TV.
(For our international subscribers, this is a reference to an American TV
commercial.)