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 emancipated minor;

(c)  Any individual under eighteen (18) years of age upon application of the individual’s parent or guardian;

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

(e)  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; am. 2026, ch. 245, sec. 7, p. 1043.]