This regulation establishes that informed consent is not required when a consumer is experiencing a mental health crisis requiring immediate treatment to prevent serious injury. In such emergencies, the mental health (MH) provider must obtain a written Emergency Opinion from the attending or treating physician before proceeding with treatment. If the provider has reason to believe the consumer would refuse treatment on religious grounds, a court order must be obtained prior to administering treatment. This rule applies to MH providers broadly under DC's behavioral health regulatory framework.
View official source103 INFORMED CONSENT NOT REQUIRED IN EMERGENCY 103.1 An emergency means a situation in which a consumer is experiencing a mental health crisis and in which the immediate provision of mental health treatment is necessary to prevent serious injury to the consumer or others. 103.2 If an emergency exists, the MH provider shall obtain a written opinion from either the consumer's attending physician or treating physician stating that delay in obtaining informed consent to the mental health service, mental health support or treatment is likely to result in serious injury to the consumer (Emergency Opinion). If the MH provider has information that the consumer would not consent to emergency treatment based on the consumer's religious beliefs, the MH provider must obtain a court order prior to administering treatment that would terminate the emergency. 103.3 After receipt of the Emergency Opinion, the MH provider shall provide mental health services, mental health supports or treatment to the extent necessary to terminate the emergency. SOURCE: New by emergency and proposed rulemaking at 49 DCR 3058(July 19, 2002)[EXPIRED]; as amended by emergency and proposed rulemaking at 49 DCR 8768(September 20, 2002)[EXPIRED]; Final Rulemaking published at 49 DCR 11245 (December 13, 2002).