[§334-45]  Emergency examination.  (a)  A licensed physician, medical resident under the supervision of a licensed physician, physician assistant, psychologist, or advanced practice registered nurse may conduct an initial examination and screening of a patient transported under section 334-42, 334-43, or 334-44 to determine whether the criteria for involuntary hospitalization listed in section [334-60.2] persists and administer treatment as indicated by good medical practice; provided that if after the examination, screening, and treatment, the licensed physician, medical resident under the supervision of a licensed physician, physician assistant, psychologist, or advanced practice registered nurse determines that the involuntary hospitalization criteria persists, then the patient shall be further examined by a qualified psychiatric examiner to diagnose the presence or absence of a mental illness or substance use disorder, further assess the risk that the patient may be dangerous to self or others, and assess whether or not the patient continues to meet the criteria for involuntary hospitalization as provided in section 334-60.2.  If no initial examination and screening of the patient is conducted, a qualified psychiatric examiner shall conduct an emergency examination of a patient transported under section 334-42, 334-43, or 334-44 without unnecessary delay and provide the patient with treatment as indicated by good medical practice; provided that the emergency examination shall include a determination of whether the patient meets the criteria for involuntary hospitalization as provided in section 334-60.2.

     (b)  If, following an emergency examination of a patient under subsection (a), a qualified psychiatric examiner determines that the criteria for involuntary hospitalization do not exist, the patient shall be discharged expeditiously; provided that if the patient is not under an order for assisted community treatment, a qualified psychiatric examiner shall conduct an examination pursuant to section 334-121.5 before the discharge.  A patient under criminal charges shall be returned to the custody of a law enforcement officer. [L 2025, c 219, pt of §3]