§43A-5-208.

§43A-5-208.
   
   A. A person in protective custody as provided by Section 5-207 of this
   title shall be examined at the appropriate facility by a licensed
   mental health professional within twelve (12) hours of being placed in
   protective custody for the purpose of determining whether emergency
   detention of the person is warranted.
   
   1. If, upon examination, the licensed mental health professional
   determines that the person is not a mentally ill person, an
   alcohol-dependent person, or a drug-dependent person requiring
   treatment or that the condition of the person is such that emergency
   detention is not warranted, the person shall be returned immediately
   to the point where such person was taken into protective custody and
   released.
   
   2. If, upon examination, the licensed mental health professional
   determines that the person is a mentally ill person, an
   alcohol-dependent person, or a drug-dependent person requiring
   treatment to a degree that emergency detention is warranted, the
   licensed mental health professional shall immediately:
   
   a. prepare a statement describing the findings of the examination and
   stating the basis for the determination. The statement shall be
   substantially in a form prescribed by the Department of Mental Health
   and Substance Abuse Services,
   
   b. provide for a full examination and evaluation of the person by two
   licensed mental health professionals and, if the person appears to be
   a mentally ill person, the completion of a certificate of evaluation
   as provided by Section 5-414 of this title, and
   
   c. make reasonable efforts to determine whether the person has a
   current and unrevoked advance directive executed pursuant to the
   Advance Directives for Mental Health Treatment Act.
   
   B. If a licensed mental health professional, designated to have such
   responsibility by the administrator of a hospital, or the
   administrator of a facility designated by the Commissioner of Mental
   Health and Substance Abuse Services as appropriate for emergency
   detention believes a voluntary patient to be a mentally ill person, an
   alcohol-dependent person, or a drug-dependent person requiring
   treatment to a degree that emergency action is necessary, the
   administrator may detain such patient in emergency detention for a
   period not to exceed seventy-two (72) hours only on the following
   conditions:
   
   1. The patient has refused to consent or has withdrawn consent to
   voluntary treatment;
   
   2. The patient has been examined by a licensed mental health
   professional who has determined that the person is a mentally ill
   person, an alcohol-dependent person, or a drug-dependent person
   requiring treatment, the condition of the person is such that
   emergency detention is warranted, and a statement has been prepared as
   provided in subsection A of this section; and
   
   3. The administrator or the designee of the administrator shall
   provide for a full examination and evaluation of the patient by two
   licensed mental health professionals and, if the person appears to be
   a mentally ill person, the completion of a certificate of evaluation.
   
   C. Whenever it appears that a person detained as provided by this
   section will require treatment beyond the period of emergency
   detention and the person has refused to consent to voluntary
   treatment, a licensed mental health professional conducting an
   evaluation of the person or the administrator of the facility in which
   the person is being detained, or the designee of the administrator,
   shall immediately file a petition with the district court as provided
   by Section 5-410 of this title or Section 9-102 of this title, and may
   request a court order directing prehearing detention when such
   detention is necessary for the protection of the person or others.