Section 12-26-5-11 - Final hearing; burden of proof; testimony of physician; waiver(a) A final hearing required by section 9 of this chapter shall be held not later than fourteen (14) days from the date of the individual's admission to a facility, excluding Saturdays, Sundays, and legal holidays. The purpose of a final hearing is to determine by clear and convincing evidence whether the individual is: (1) mentally ill and either dangerous or gravely disabled; and(2) in need of temporary or regular commitment.(b) At a final hearing, an individual may not be found in need of temporary or regular commitment unless: (1) the physician who signed the attestation under section 1 of this chapter; or(2) at least one (1) physician who has personally examined the individual; testifies at the hearing. This testimony may be waived by the individual if the waiver is voluntarily and knowingly given.
Pre-1992 Revision Citation: 16-13-9.1-7(e) part.
Amended by P.L. 205-2023,SEC. 19, eff. 7/1/2023.As added by P.L. 2-1992, SEC.20.