# State mental health facility



## TotowaEMT (Oct 8, 2009)

Background on location: State run mental health facility with about 450 "clients", direct care staff, nurses and doctors.  Clients range from severely handicapped with deformities, etc, to "high functioning".  Most clients are wards for the state, but there are some that have guardianship over themselves.  Their policy is to call 911 for EVERYTHING (cuts, bruises, etc) and they have to go to the hospital.

Dispatched for person that ingested some type of body spray.  When we arrive, the staff nurse has the bottle in her hand, and says she called poison control who told them to just give water (the spray was mostly alcohol).  The client did not want to go to the hospital and was very uncooperative. We would have had to restrain her, and the staff want have any part of that because they are afraid of being accused of abuse.  She also happens to be listed as self-guardian, but on the same page her "age equivalent" is 5 years old.

On one hand, there is implied consent due to the mental handicap etc
On the other, would it not be considered battery to restrain and drag this person to the hospital when they do not want to go and there is no emergency going on?


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## EMSLaw (Oct 8, 2009)

Hrm.  I have a few guesses about where you might have been.   But aside from that, if you were at a State Mental Hospital, where were the Human Services Police?  I'd probably put it on them, if there was some impasse as to whether the resident should be transported or not.  

Other than that, if the patient is alert and oriented, and seems to appreciate the nature of her condition, then I don't think you can transport.  There's no guardianship that gives the hospital the right to make health decisions on her behalf.  If they are that concerned, they can go to court and get a special medical guardianship.


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## TotowaEMT (Oct 8, 2009)

human svc police are based about 20 miles away and are never called.  occasionally we get a trooper but that is very rare.  this facility contracts a paid transport service but since they call 911 (Thank you Danielle's law), it goes through the normal channels.


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