5150 law says an individual is NOT incompetent due to a 5150 hold alone. (WIC 5331)
Individuals with the following conditions are potentially incapable of making a competent decision regarding their medical care and transport:
- Altered level of consciousness
- Severely altered vital signs that affect ability to understand nature of medical condition and risks/benefits of recommended treatment.
- Clearly irrational in the presence of a life-threatening condition
WIC 5008 (m): “Emergency” means a situation in which action to impose treatment over the person’s objection is immediately necessary for the preservation of life or the prevention of serious bodily harm to the patient or others, and it is impracticable to first gain consent. It is not necessary for harm to take place, or for it to become unavoidable prior to treatment.