TITLE 66

STATE CHARITABLE INSTITUTIONS

CHAPTER 3

HOSPITALIZATION OF MENTALLY ILL

66-318.  Authority to admit voluntary patients — Denial of admission. (1) The director of any facility or a practitioner granted admitting privileges pursuant to chapter 13, title 39, Idaho Code, may admit as a voluntary patient the following persons for observation, diagnosis, evaluation, care or treatment of mental illness:

(a)  Any person who is eighteen (18) years of age or older;

(b)  Any individual fourteen (14) to eighteen (18) years of age who may apply to be admitted for observation, diagnosis, evaluation, care or treatment and the facility director will notify the parent, parents or guardian of the individual of the admission; a parent or guardian may apply for the individual’s release and the facility director will release the patient within three (3) days, excluding Saturdays, Sundays and legal holidays, of the application for discharge, unless the time period for diagnosis, evaluation, care or treatment is extended pursuant to section 66-320, Idaho Code;

(c)  Any emancipated minor;

(d)  Any individual under fourteen (14) years of age upon application of the individual’s parent or guardian;

(e)  Any individual who lacks capacity to make informed decisions about treatment upon application of the individual’s guardian; or

(f)  Any individual confined for examination pursuant to section 18-211, Idaho Code.

(2)  The director of any facility or a practitioner granted admitting privileges pursuant to chapter 13, title 39, Idaho Code, must refuse admission to any applicant under this section whenever:

(a)  The applicant is determined not to be in need of observation, diagnosis, evaluation, care or treatment at the facility;

(b)  The applicant is determined to lack capacity to make informed decisions about treatment unless the application is made by a guardian with authority to consent to treatment; or

(c)  The applicant’s welfare or the welfare of society, or both, are better protected by the provisions of section 66-329, Idaho Code.

History:

[66-318, added 1951, ch. 290, sec. 2, p. 622; am. 1959, ch. 207, sec. 2, p. 439; am. 1972, ch. 44, sec. 2, p. 67; am. 1973, ch. 173, sec. 2, p. 363; am. 1981, ch. 114, sec. 10, p. 175; am. 2004, ch. 23, sec. 9, p. 30; am. 2006, ch. 214, sec. 3, p. 647; am. 2017, ch. 278, sec. 2, p. 728; am. 2022, ch. 93, sec. 2, p. 264.]