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And you have yet to offer any proof that they did it on their own. My point was that they were probably acting under the color of authority for somebody who had the legal authority to make the determination.
Section 12s
- Thread starter roberthay
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And you have yet to offer any proof that they did it on their own. My point was that they were probably acting under the color of authority for somebody who had the legal authority to make the determination.
EMTs are not authorized under Section 12 to transport individuals. Only physicians, psychologists, APRNs, and LICSWs are authorized to do so.
Another abuse of the Section 12 law is when EMTs bring the person off the street to an ER. Section 12 clearly states that the person shall be brought to a facility authorized by the Department. The facilities are inpatient units of private/public facilities licensed by the Department of Mental Health according to the definitions listed in Chapter 123.
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Wrong...
Section 12 says who can order the involuntary committment, it doesn't say anything about transport. Care to try again?
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So what does your attorney say about this?
JPINFV
Gadfly
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Except the legislation (linked above) grants the physician, or if a physician is not available, a police officer, the power to authorize someone else in his/her stead.
VFlutter
Flight Nurse
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I am 22 years old, I guess that means I don't know what I am doing. Don't mind the title behind my name or the 4+ years of schooling I have. I also have a substantial amount of training, and a minor, related to mental health. Can I have a cookie?
I do not see the point of your thread.
If you feel like you have been inappropately held under section 12 then take it up with the parties involved not all of EMS. I am sure it has been abused or loosely applied before but that does not mean that these holds are not necessary or do no serve a purpose.
EMTs are acting under the authority and direction of a physician.
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I have retained the attorney that represented me during the 72 hour period. She is great and agrees with me completely. Not surprising since she was one of the young attorneys part of the Rogers vs. Okin case in 1975.
When I was in the mental institution, she frequently argued with the staff over various rules that violated the Five Fundamental Rights Law.
firecoins
IFT Puppet
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Yes they are. Cops and physicians can authorize EMTs to do just that. EMS are the best to do such transports. Sorry. You would rather cops cuff you and take you in the back of a squad car?
How would a doctor transport you? In an ambulance.
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JPINFV
Gadfly
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Actually, it says that they can "apply for hospitalization" at those facilities. Where do you think said application occurs at? The middle of the street at Oh Dark 30? Furthermore, mental health facilities require patients to be medically cleared to insure that there is no other physical problem occurring. That's actually in the patient's best interest.
That is a complete lie. I was once involuntarily admitted from a Partial Hospital Program. Didn't have any blood work done until two days later.
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Is there currently a legal action in progress or pending?
JPINFV
Gadfly
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Trolling for an excuse to lock the thread? I has sad now.
We are appealing my previous commitment to a mental health facility.
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Since this topic is currently in a legal proceeding, the thread is now closed per this rule.
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