[§334-46]  Emergency hospitalization.  (a)  If, following an emergency examination pursuant to section 334-45(a), a qualified psychiatric examiner determines that the criteria for involuntary hospitalization exist, the patient shall be hospitalized on an emergency basis or transferred to another psychiatric facility or other facility designated by the director for emergency hospitalization.

     (b)  The patient admitted under subsection (a) shall be released within seventy-two hours of the patient's admission to a psychiatric facility or other facility designated by the director, unless:

     (1)  The patient voluntarily agrees to further hospitalization; or

     (2)  A proceeding for court-ordered evaluation or hospitalization is initiated as provided in section 334-60.3.

     If the seventy-two-hour time period expires on a Saturday, Sunday, or holiday, the time for initiation shall be extended to the close of the next court day.  Upon initiation of the proceeding, the facility may detain the patient until further order of the court.

     (c)  If at any time during the period of emergency hospitalization a qualified psychiatric examiner determines that a patient no longer meets the criteria for emergency hospitalization, 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.

     (d)  The patient shall have the right, immediately upon emergency hospitalization, to telephone an attorney and the patient's surrogate, guardian, family member including a reciprocal beneficiary, or adult friend.  The patient shall be allowed to confer with an attorney in private. [L 2025, c 219, pt of §3]