HB471 Alabama 2019 Session

Summary

Primary Sponsor

Wes AllenSecretary

Republican

Session

Regular Session 2019

Title

Pike Co., physician, nurse practitioner, or physician assistant, authorized to detain and provide emergency treatment for an individual with mental illness for up to 72 hours, law enforcement, authorized to take an individual with mental illness into protective custody under certain conditions, protection from civil and criminal liabilities

Summary

HB471 in Pike County allows clinicians to detain and treat certain mentally ill individuals for up to 72 hours and authorizes police to take someone into protective custody under specific conditions, with legal protections for those acting in good faith.

What This Bill Does

Clinicians at hospitals can issue a certificate after evaluating someone believed to be mentally ill and in danger, detaining and treating them for up to 72 hours. The certificate must be sent to the regional mental health provider within 36 hours to decide if a petition for further treatment is needed. Law enforcement can place a mentally ill person in protective custody and transport them to a hospital or facility for evaluation, with a 72-hour limit unless probate orders more treatment; if the person is not ill or dangerous, they are released, and officers coordinate a possible return home. Officials and hospitals acting in good faith receive immunity from liability, and protective custody is not treated as an arrest.

Who It Affects

• Individuals with mental illness in Pike County who may be detained for up to 72 hours for evaluation and treatment or placed in protective custody.
• Hospitals, attending physicians, nurse practitioners, physician assistants, and designated law enforcement officers in Pike County who carry out detention, transport, and protective custody, with protections for good-faith actions.

Key Provisions

• Attending physicians, NPs, or PAs at state-licensed hospitals may certify that a person appears mentally ill and presents danger, enabling up to 72 hours of detention and emergency treatment.
• The certificate must be sent to a designated regional mental health provider within 36 hours to facilitate evaluation and determine if a petition for further treatment is needed.
• Discharge must occur within 72 hours unless the Pike County Judge of Probate orders further inpatient or outpatient treatment.
• Law enforcement may take a person into protective custody if there is reasonable cause to believe they are mentally ill and an immediate danger; they must transport to a care facility, with reasonable force allowed if there is no consent.
• If the person is not mentally ill or not a danger after evaluation, the hospital informs the officer, who must coordinate release and, if within the county, may transport the person home.
• Protective custody is not an arrest and does not create detention records; officers and facilities are immune from civil or criminal liability for good-faith actions.
• The act applies only in Pike County and defines the roles of designated law enforcement agencies, officers, and the regional mental health provider; probate procedures govern de-authorization and related liability.
• The act becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Pike County