When a healthcare provider does not have the necessary certifications or authority to play someone on a 5150 hold, they may need to figure out how to get the patient the help they need.
Certain healthcare providers and other licensed staff have the authority to place a patient on a 1799 hold which allows them to remain in an involuntary medical hold for 24 hours while the facility attempts to locate a healthcare provider with the authority to initiate a 5150 hold.
If you or someone you love has been placed on a 1799 hold, do not hesitate to contact a mental health lawyer in Alhambra at the Simmrin Law Group to discuss your legal options and protect your rights.
When a 1799 Hold Applies
A 1799 hold applies when an individual believes someone is a danger to themselves or others or they are dealing with a disability so severe that they cannot properly take care of themselves by providing their own clothing, food, or shelter.
However, when these holds are initiated by a law-enforcement officer or licensed mental health treatment facility staff member, they are referred to as a 5150 hold. A 1799 hold differs from a 5150 hold due to the party initiating the hold.
Since only specific parties have the authority to initiate a 5150 hold, those who do not have this authority can take steps to protect the person suffering from a mental health condition by initiating a 1799 hold until a formal 5150 hold can be obtained.
A mental health lawyer can help you understand your rights or those of a loved one who has been held under these codes.
For a free legal consultation, call (310) 896-2723
Requirements for 1799 Holds
The 1799 hold is detailed in California Health and Safety Code 1799. The 1799 holds have specific requirements that must be met for the involuntary hold to be granted. These requirements include:
- 1799 holds can only detain someone for up to 24 hours.
- 1799 holds can only be implemented by licensed professional healthcare providers.
- Healthcare providers must have repeatedly attempted to find appropriate treatment options for the patient.
- Once the patient is medically stable, providers must contact expert mental health professionals to transfer the patient to a facility equipped to meet their needs.
If eight hours have passed and a patient has been detained, the facility must document why the patient requires additional observation, treatment, or ongoing care. This should include opinions from psychologists, physicians, and anyone else who examined the patient for their mental health condition.
During a 1799 hold, patients will be credited for the time spent in an involuntary hold when a 5150 hold is granted. Since 5150 holds allow for up to 72 hours to pass, 24 hours of that can be credited via the 1799 hold.
However, it cannot be used once the 5150 72-hour hold has passed to extend the time a patient is held involuntarily.
Your Rights During an Involuntary Hold
You still have specific rights when you are placed in a 1799 involuntary hold. Since you are not arrested and in police custody, there are certain rights you are entitled to despite being held against your will. These include:
Personal Property
When you are taken into custody, healthcare providers must take reasonable measures to protect your property. You also have the right to bring personal items to the treatment facility.
Notify Loved Ones
Once you have been taken into custody on the 1799 hold, you have the right to make a phone call to notify your friends, family members, or other loved ones where you are going. Be sure to ask your loved ones to contact your 5150 holds lawyer so you can avoid longer detainment.
Notice and Medical Evaluation
You have the right to receive written notification of why you are being held in a 1799 or 5150 hold. The facility must indicate initial evaluation findings and potential treatment options and determine whether they intend to proceed with a formal 5150 or 5250 hold.
If placed in a 5150 hold, this will last up to 72 hours. However, a 5250 hold allows the mental health treatment facility where you are transferred to hold you involuntarily for up to 14 days.
Antipsychotic Drugs
When you are on a 1799 hold, you have the right to refuse any antipsychotic medications. However, this is only after healthcare providers have informed you of the medication’s potential effects and side effects.
It should be noted that in specific situations, you might be administered these antipsychotic medications involuntarily. If a judge determines that you cannot make these decisions alone, they can leave the choice to the treatment facility or psychiatric hospital.
Your Rights During a Certification Review Hearing
Before you can be placed on a 5250 hold, the treatment facility you transfer to must request a 5250 hold. You will attend a certification review hearing where a mental health hearing referee will determine whether you require additional medical treatment or should be released.
During this certification review hearing, you have specific rights. These include:
- The right to a patient rights advocate
- The right to a legal representative
- The right to present evidence to support your release
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What Happens During an Involuntary Psych Hold?
During the initial hours of a psych hold, which is sometimes called an observation period, the primary goal is to assess the patient’s mental health and decide whether they require additional long-term therapy.
Here’s how the procedure works:
- Patients are asked to provide basic personal information and medical history when they arrive.
The medical team at the hospital will give the patient some fresh clothes. - Only under certain circumstances is it permissible for patients to communicate with anyone outside of the hospital.
- You do, however, retain the right to call family or friends to let them know you have been hospitalized.
- A multidisciplinary team of medical professionals, including psychiatrists, will consult with patients to establish an appropriate treatment plan.
- In extreme cases, if the patient is unresponsive to treatment, physical restraints may be employed.
Why Is a 72-Hour Hold Beneficial?
Debilitating effects on both the sufferer and their loved ones can result from untreated mental illness. Among Americans, 130 people die every day by suicide, making it the 12th most common cause of death.
There is frequently a shortage of resources, accessibility, and support for mental illness treatment, making an already difficult procedure much more so. A 72-hour hold, on the other hand, deters both violent crimes and suicide attempts. Patients at high risk can receive stabilization, treatment, and monitoring while hospitalized.
Furthermore, holding can link patients to post-discharge options such as therapists, psychiatrists, and more.
How to Help Avoid a Longer Involuntary Hold
You can obtain an earlier release instead of being held for a more extended period of time and a 5150 or 5250 hold. Proving that you can’t take care of yourself and are not a threat to others or yourself will be crucial. Here are some ways to avoid longer involuntary detainment after a 1799 hold:
Remain Even-Tempered
Try to remain even-tempered and avoid arguments with other patients or mental health facility staff members. Never become violent or aggressive with anyone at the facility. Keep to yourself wherever possible.
Do Not Harm Yourself or Others
If the treatment facility believes you are a threat to yourself or others, they will certainly move forward with a 5250 hold. However, if you have ceased harmful behaviors and can show treatment staff that you are not a risk, they can release you at any time.
Show You Can Take Care of Your Basic Needs
If you can provide food, sleep, housing, and clothing, there is no reason for the facility to detain you longer. Make sure to take care of your basic hygiene needs, and let medical care providers know that you can take care of yourself or have someone to help you meet these needs.
Contact a Mental Health Lawyer for Help Today
A 1799 hold gives healthcare providers up to 24 hours for a medical professional to initiate a 5150 hold. Your involuntary holds lawyer at the Simmrin Law Group could help you avoid unlawful detainment and protect your rights, as a 5150 hold is inevitable.
Take steps to protect your legal rights, your future, and your well-being. Contact our team for a confidential consultation today to learn more about the steps you must take to prove you are not a threat to yourself or others and are capable of taking care of yourself. Please contact us for a free case evaluation to seek the legal advice you need.
Call or text (310) 896-2723 or complete a Free Case Evaluation form