Hospitals; temporary detention for testing, observation, or treatment.

From the Legislature

Temporary detention in hospital for testing, observation, or treatment. Provides that while seeking the issuance of an order for temporary detention in a hospital for testing, observation, or treatment, or an extension of such order, the person who would be subject to such order and is currently subject to an order issued pursuant to current law shall remain in the custody of the facility where he is located for up to two hours, and any security personnel shall ensure that such person does not leave the facility while such person is unable to provide informed consent. The bill states that the person shall be permitted to leave the facility if (i) such order is not issued; (ii) the physician determines the person does not meet the requirements for temporary detention; or (iii) the person's guardian or person legally authorized to make an informed decision on his behalf refuses to consent to continued detention, testing, observation, or treatment. The bill also provides that any licensed health professional, licensed hospital, including a hospital licensed by the Department of Health pursuant to relevant law, or security personnel assisting a licensed health professional shall have no liability arising out of a claim to the extent the claim is based on a lack of consent to the detention of a person when such professional or hospital is seeking the court's or magistrate's authorization for such detention.