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State Laws on Emergency Holds for Mental Health Stabilization.

Leslie C Hedman1, John Petrila1, William H Fisher1

  • 1Mrs. Hedman is with Legal Science, LLC (e-mail: leslie@legalscience.io ), and Dr. Dingman and Mr. Burris are with Public Health Law Research and Policy Surveillance Programs, Temple University Beasley School of Law, Philadelphia. Mr. Petrila is with the Department of Health Policy and Management, College of Public Health, University of South Florida, Tampa. Dr. Fisher is with the School of Criminology and Justice Studies, University of Massachusetts, Lowell. Dr. Swanson is with the Department of Psychiatry and Behavioral Sciences, Duke University School of Medicine, Durham, North Carolina.

Psychiatric Services (Washington, D.C.)
|March 2, 2016
PubMed
Summary

State laws for psychiatric emergency holds vary significantly, impacting patient rights and treatment access. Further research is crucial to understand these differences and guide policy for better mental health outcomes.

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Area of Science:

  • Public Health Law
  • Mental Health Policy
  • Legal Studies

Background:

  • Psychiatric emergency hold laws enable involuntary admission for acute mental illness under specific conditions.
  • Significant variations exist in these laws across states, affecting patient care and legal processes.

Purpose of the Study:

  • To document critical variations in state psychiatric emergency hold laws.
  • To identify key areas for future evaluation research.
  • To create a comprehensive dataset of these laws for public health research.

Main Methods:

  • Developed an open-source, 50-state dataset of current emergency hold laws.
  • Established a protocol and codebook for replication and longitudinal extension of the study.

Main Results:

  • All states and D.C. have emergency hold laws, but durations, initiation criteria, judicial oversight, and patient rights differ widely.
  • Only 22 states mandate judicial review, and nine require a judge to certify hospitalization.
  • Five states do not ensure mental health professional assessment during holds.

Conclusions:

  • State laws governing psychiatric emergency holds exhibit substantial variability.
  • The impact of this legal variability on individuals, treatment systems, and law enforcement remains unknown.
  • Research is essential to inform policy and implementation regarding emergency hold laws.