Effective: August 3, 2021
Latest Legislation: Senate Bill 2 - 134th General Assembly
(A) Except as provided in division (D) of this section, any person who is eighteen years of age or older and who is, appears to be, or believes self to be mentally ill may make written application for voluntary admission to the chief medical officer of a hospital.
(B) Except as provided in division (D) of this section, the application also may be made on behalf of a minor by a parent, a guardian of the person, or the person with custody of the minor, and on behalf of an adult incompetent person by the guardian or the person with custody of the incompetent person.
Any person whose admission is applied for under division (A) or (B) of this section may be admitted for observation, diagnosis, care, or treatment, in any hospital unless the chief clinical officer finds that hospitalization is inappropriate, and except that, in the case of a public hospital, no person shall be admitted without the authorization of the board of the person's county of residence.
(C) If a minor or person adjudicated incompetent due to mental illness whose voluntary admission is applied for under division (B) of this section is admitted, the court shall determine, upon petition by private or otherwise appointed counsel, a relative, or one acting as next friend, whether the admission or continued hospitalization is in the best interest of the minor or incompetent.
The chief clinical officer shall discharge any voluntary patient who has recovered or whose hospitalization the officer determines to be no longer advisable. In the case of a voluntary patient who refuses to accept treatment consistent with the written treatment plan required by section 5122.27 of the Revised Code, the chief clinical officer may file an affidavit under section 5122.11 of the Revised Code. If the chief clinical officer decides not to file such an affidavit and to, instead, discharge the patient, and a trial court or prosecutor had, within the past twelve months, filed an affidavit in probate court pursuant to division (B)(1)(a)(v)(I) of section 2945.38 of the Revised Code relating to the patient, the chief clinical officer, to the extent that the chief clinical officer has knowledge of the patient's prior status, shall immediately notify such trial court or prosecutor of the intent to discharge. Not later than three court days after being notified of the intent to discharge, the trial court or prosecutor may file or cause to be filed with the court of the county where the patient is hospitalized, or the court of the county where the patient resides, an affidavit under section 5122.11 of the Revised Code. If such an affidavit is filed, the patient's discharge must be postponed until a hearing under section 5122.141 of the Revised Code is held.
(D) A person who is found incompetent to stand trial or not guilty by reason of insanity and who is committed pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code shall not voluntarily admit the person or be voluntarily admitted to a hospital pursuant to this section until after the final termination of the commitment, as described in division (J) of section 2945.401 of the Revised Code.
Last updated May 19, 2021 at 11:40 AM
Structure Ohio Revised Code
Chapter 5122 | Hospitalization of Mentally Ill
Section 5122.01 | Hospitalization of Mentally Ill Definitions.
Section 5122.011 | Application of Chapter.
Section 5122.02 | Application for Voluntary Admission.
Section 5122.03 | Release of Voluntary Patients.
Section 5122.04 | Outpatient Services for Minors Without Knowledge or Consent of Parent or Guardian.
Section 5122.05 | Involuntary Admission.
Section 5122.09 | Release Before Hearing.
Section 5122.10 | Emergency Hospitalization.
Section 5122.11 | Court Ordered Treatment of Mentally Ill Person.
Section 5122.111 | Affidavit of Mental Illness.
Section 5122.112 | Termination of Probate Court Jurisdiction.
Section 5122.12 | Hearing Notice.
Section 5122.13 | Investigation.
Section 5122.141 | Initial Hearing.
Section 5122.15 | Full Hearing.
Section 5122.16 | Hospital Care or Treatment by Veterans' Administration or Other u.s. Agency.
Section 5122.17 | Temporary Detention.
Section 5122.18 | Notice of Hospitalization.
Section 5122.19 | Medical Examination Within 24 Hours of Arrival.
Section 5122.21 | Discharging Involuntary Patients.
Section 5122.22 | Trial Visits.
Section 5122.23 | Reporting Death or Change in Custody Status of Patient.
Section 5122.231 | Applying for County Services.
Section 5122.26 | Patient Absent Without Leave.
Section 5122.27 | Chief Clinical Officer Duties.
Section 5122.271 | Consent to Treatment.
Section 5122.28 | Labor and Tasks Performed by Patients.
Section 5122.29 | Patients' Rights.
Section 5122.30 | Writ of Habeas Corpus.
Section 5122.301 | Civil Rights of Patients.
Section 5122.31 | Confidentiality.
Section 5122.32 | Confidentiality of Quality Assurance Records.
Section 5122.33 | Department of Mental Health and Addiction Services; Additional Powers.
Section 5122.341 | Immunity From Liability.
Section 5122.36 | Expenses of Return to County of Residence.
Section 5122.38 | Competency Adjudications.
Section 5122.39 | Guardianship of Mentally Ill Persons.
Section 5122.41 | Transmission of Court Papers.
Section 5122.42 | Preservation of Rights and Privileges.
Section 5122.43 | Payment of Costs, Fees, and Expenses of Proceedings - Reimbursement.
Section 5122.44 | Patients Buried on Department Hospital Grounds - Definitions.
Section 5122.45 | Compilation of Patient Information for Each Cemetery.
Section 5122.46 | History Connection and State Agencies to Provide Access to Information.
Section 5122.47 | Deposit of Compilations With History Connection and State Library.