(a) A mentally disturbed, intoxicated or drug dependent person may come voluntarily to an approved public treatment facility for emergency treatment. A person who appears to be suffering a mental disturbance, to be intoxicated or under the influence of drugs in a public place and to be in need of help, if he consents to the proffered help, may be assisted to his home, an approved public treatment facility, an approved private treatment facility, or other health facility by the police or an emergency service patrol provided for by section 726 of this chapter.
(b) A person who appears to be suffering a mental disturbance, intoxicated, or under the influence of drugs, or in need of help and treatment and who, if not treated, has a substantial probability to suffer or continue to suffer abnormal mental, emotional, or physical harm that significantly impairs judgment, reason, or behavior shall be taken into protective custody by the police and forthwith brought to an approved public treatment facility for emergency treatment. The police or the emergency service patrol, in detaining the person and in taking him to an approved public treatment facility, is taking him into protective custody, and shall make every reasonable effort to protect his health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect himself. A taking into protective custody under this section is not an arrest, and statutory and case law pertaining to arrest shall not apply to protective custody. No entry or other record shall be made to indicate that the person has been arrested or charged with a crime.
(c) A person who comes voluntarily or is brought to an approved public treatment facility shall be examined by a licensed physician or a mental health professional as soon as possible. He may then be admitted as a patient or referred to another health facility. The referring approved public treatment facility shall arrange for his transportation.
(d) A person who by medical, psychiatric or other examination is found to be suffering from a mental disturbance or to be incapacitated by alcohol or drugs at the time of his admission or to have suffered such a disturbance or become so incapacitated at any time after his admission, may not be detained at the facility (1) once he is no longer suffering from a mental disturbance or incapacitated by alcohol or drugs, or (2) if he remains in a disturbed condition or incapacitated by alcohol or drugs for more than forty-eight hours after admission as a patient unless he is committed under section 723 of this title. A person may consent to remain in the facility as long as the physician or mental health professional in charge believes appropriate.
(e) A person who is not admitted to an approved public treatment facility, is not referred to another health facility, and has no funds, may be taken to his home. If he has no home, the approved public treatment facility shall refer him to the Department of Human Services.
(f) If a patient is admitted to an approved public treatment facility, his family or next of kin shall be notified as promptly as possible. If an adult patient who is not incapacitated requests that there be no notification, his request shall be respected.
(g) The police or members of the emergency service patrol who act in compliance with this section are acting in the course of their official duty and are not criminally or civilly liable therefor.
(h) If the physician or mental health professional in charge of the approved public treatment facility determines it is for the patient's benefit, the patient shall be encouraged to agree to further diagnosis and appropriate voluntary treatment.