Frequently Asked Questions

Any physician within this state may execute a certificate stating that he or she has:

1. Has personally examined a person, and
2. Within the preceding 48 hours, and
3. Found that based upon observations set forth in the certificate,
4. Such person appears to be a mentally ill person requiring involuntary treatment.

A physician’s certificate expires seven days after it is executed.

Any peace officer, within 72 hours after receiving the physician’s certificate [1013] shall make a diligent effort to take into custody the person named in the certificate and deliver him or her forthwith to the nearest emergency receiving facility serving the county, where he or she shall be received for examination.

NOTE: The term “physician” also includes psychologists, clinical social workers, licensed professional counselor, marriage and family therapist, and clinical nurse specialist in psychiatric/mental health.

A peace officer may take a person to a physician within the county or an adjoining county for emergency examination by the physician or directly to an emergency receiving facility if:

1. The person is committing a penal offense, and
2. The peace officer has probable cause for believing that the person is a mentally ill person requiring involuntary treatment.

The peace officer need not formally tender charges against the individual before taking the individual to a physician or an emergency receiving facility.

The peace officer must make a written report detailing the circumstances under which the person was taken into custody; and this report must be made part of the patient’s criminal record.

A peace officer may take any person to an emergency receiving facility if:

1. The peace officer has probable cause to believe that a person is mentally ill and requires involuntary treatment, and
2. The peace officer has consulted either in person, by telephone, or telehealth with a physician, and
3. The physician authorizes the peace officer to transport the individual for an evaluation.

To authorize transport for evaluation, the physician must determine, based on facts available regarding the persons condition, that there is probable cause to believe that the person needs an examination to determine if the person requires involuntary treatment.”

For emergency situations, please call 9-1-1. For additional help, please use the following link https://namiga.org/crisis-info/.