(a) A mentally disturbed, intoxicated or drug dependent person who (1) has threatened, attempted, or inflicted physical harm on himself or another and is likely to inflict physical harm on himself or another unless committed, or (2) is incapacitated by alcohol or drugs, may be committed to an approved public treatment facility for emergency treatment. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.
(b) The certifying physician, mental health professional, spouse, guardian, or relative of the person to be committed, or any other responsible person with personal knowledge of the person sought to be committed, may make a written application under oath for commitment under this section, directed to the Administrator of the approved public treatment facility. The application shall state facts establishing reasonable grounds to believe that the person sought to be committed is mentally disturbed such that immediate emergency commitment and treatment is necessary to avoid a danger of physical harm or injury to the person himself, or to others, or of damage to property.
(c) A person taken to a facility for emergency examination and/or treatment, shall be examined by an emergency room physician within two hours of his arrival at the treatment facility in order to determine if the person is either severely mentally disturbed or disabled and in need of immediate treatment. If it is determined that the person poses a danger of harm or injury to himself or others and that he is in need of emergency treatment, the psychiatrist shall so certify by filing a written certification to that effect which certification shall be placed in the person's record. Pursuant to such certification, such person may be detained at the treatment facility for up to five days. Provided, however, that a psychiatrist may extend such period of detention for an additional five days for a maximum of ten days, not including holidays and weekends, if, in his judgment, such extension is deemed medically advisable. After the expiration of the ten day maximum period, any further detention of such person shall be obtained by Court order only pursuant to section 723 of this title. Any person committed under this section may be transferred to another appropriate public or private treatment facility, until discharged under this subsection or subsection (e) of this section.
(d) The Administrator in charge of an approved public treatment facility shall refuse an application if in his opinion the application and certificate fail to sustain the grounds for commitment.
(e) When on the advice of the medical staff the Administrator determines that the grounds for commitment no longer exist, he shall discharge a person committed under this section. No person committed under this section may be detained in any treatment facility for more than ten days, not including holidays and weekends. A person admitted under this section may be held for less than five days upon the physician’s recommendation. If a petition for involuntary commitment under section 723 of this title has been filed within five days and the Administrator in charge of an approved public treatment facility finds that grounds for emergency commitment still exist, he may detain the person until the petition has been heard and determined, but no longer than ten days after filing the petition.
(f) A copy of the written application for commitment and of the physician's certificate and a written explanation of the person's right to counsel, shall be given to the person within twenty-four hours after commitment by the Administrator, who shall provide a reasonable opportunity for the person to consult counsel.