(3) When an individual is presented to a hospital, the hospital shall do all of the
(a) Require that the application for hospitalization, if any, meet the requirements of
section 424 of the act.
(b) Require that the certificate accompanying the application, if any, meet the
requirements of section 400(K) of the act.
(c) Determine if the individual presented is clinically suitable for informal or
formal voluntary hospitalization. If this determination is affirmative, immediately offer
the individual the opportunity to apply for hospitalization as an informal or formal
voluntary patient, and as many times thereafter as deemed appropriate by the hospital
director until an order of hospitalization, alternative treatment, or discharge is received.
If the individual is hospitalized as a voluntary patient, the hospital director shall
inform the court and recommend whether dismissal of pending proceedings would or
would not be in the best interest of the individual or the public.
(d) Allow the individual to complete not less than 2 phone calls. If the individual
does not have sufficient funds on his or her person, calls shall be made at hospital
expense with the condition that they be limited to persons who are willing to receive the
calls. The hospital director or his or her designee may determine the appropriateness of a
call or calls that are at hospital expense and may limit their length to a reasonable
duration, but a call shall not be limited to less than 5 minutes. If the hospital director or
his or her designee restricts the call, appropriate written documentation of the reasons
for the restriction shall be noted in the case record. Under circumstances in which the
individual cannot make a call, or if it is necessary to restrict calls that are at hospital
expense, the hospital shall place the calls for the individual if so requested.
(e) Provide to the individual, not more than 12 hours after hospitalization, a
copy of the application for admission asserting that the individual is a person requiring
treatment, a written statement that the individual will be examined by a psychiatrist
within 24 hours of the hospitalization, and a written statement, in simple terms,
explaining the right of the individual to request a preliminary hearing, to be present at
the preliminary hearing, and to be represented by legal counsel, if the individual is
certified as a person requiring treatment; a written statement, in simple terms,
explaining the right of the individual to a full court hearing, to be present at the hearing,
to be represented by legal counsel, to a jury trial, and to an independent evaluation;
and a copy of each certificate executed in connection with the individual's
hospitalization if available. Each certificate shall be delivered to the individual within
24 hours of either a certificate's completion or receipt of a certificate by the hospital from
a source outside the hospital.
(f) If the individual is unable to read or understand the written materials, every
effort shall be made to explain them to him or her in a language he or she understands,
and a note of the explanation and by whom made shall be entered in the case record.
(g) The admission officer, as soon as administratively possible after receiving an
individual by certification who has been certified as a person requiring treatment,
shall do all of the following:
(i) Notify the probate court by phone.
(ii) Obtain, when available, the tentative date of the preliminary or full court
hearing and the name and address of counsel appointed by the court.