What is the purpose and procedure for using a 1013 form for involuntary holding in psychiatric evaluation or treatment?

From the Guidelines

The 1013 form is a crucial legal document for initiating involuntary psychiatric evaluation and treatment, prioritizing the individual's safety and well-being while balancing their civil liberties. The primary purpose of this form is to facilitate the temporary detention of individuals who pose an imminent danger to themselves or others due to a mental illness, ensuring they receive necessary psychiatric assessment and care. According to 1, the process of commitment, including the use of such forms, must adhere to relevant laws, regulations, and institutional policies, emphasizing patient rights and the importance of thorough psychiatric evaluation alongside consideration of underlying medical issues.

Key Aspects of the 1013 Form Procedure

• The form is typically completed by a physician, psychologist, clinical social worker, or other authorized mental health professionals after evaluating the individual and determining they meet the criteria for involuntary evaluation.
• Law enforcement plays a role in transporting the individual to an emergency receiving facility, where they can be held for up to 72 hours for a comprehensive evaluation.
• During this evaluation period, a psychiatrist assesses the person to determine if continued involuntary treatment is necessary, which may involve completing a 1014 form for continued involuntary treatment.
• The criteria for using a 1013 form include the presence of a mental illness, a substantial risk of harm to self or others, and an inability to make informed decisions about treatment, as guided by principles outlined in 1, which highlights the importance of patient rights and thorough evaluation.

Considerations and Next Steps

• Family members or concerned individuals cannot directly file a 1013 form but can initiate the process by requesting an evaluation from authorized professionals.
• The process underscores the delicate balance between protecting individual civil liberties and ensuring the provision of necessary care for those who cannot recognize their need for treatment due to their psychiatric condition.
• As emphasized by 1, performing an appropriate history and physical examination, considering ancillary diagnostic procedures, and respecting patient rights to confidentiality and privacy are essential components of the evaluation process.

From the Research

Purpose of Involuntary Holding

• The purpose of involuntary holding, such as the 5150 hold in California, is to allow for an individual to be taken into custody for evaluation and treatment for up to 72 hours when they present a risk of danger to themselves 2.
• Involuntary psychiatric holds present a bioethical tension as patient autonomy is overridden to provide psychiatric care 2.
• The decision to hospitalize or treat an individual involuntarily must balance between three ethical issues: the patient's right to receive medical care, the patient's personal rights to liberty and dignity, and the protection of the public 3.

Procedure for Using a 1013 Form

• There is no direct information available on the 1013 form for involuntary holding in the provided studies.
• However, the studies discuss the procedures for involuntary psychiatric holds, such as the 5150 hold in California, which allow for an individual to be taken into custody for evaluation and treatment for up to 72 hours when they present a risk of danger to themselves 2, 4.
• The procedure for involuntary holding typically involves an assessment of the individual's risk of danger to themselves or others, and a determination of their capacity to make decisions about their care 5, 6.

Legal Considerations

• Involuntary admission for psychiatric treatment is a massive restriction of human rights, and its execution is regulated by law 6.
• Referring physicians have a dual role in involuntary admissions, supporting patients in the recovery process while also safeguarding society 6.
• Physicians who execute involuntary admissions must have a thorough knowledge of the clinical and legal basis for their actions, and interventions should be developed to facilitate compliance with legal requirements during involuntary admissions 6.