(1) An individual who is in protective custody must be released by a qualified professional when:
(a) The individual no longer meets the involuntary admission criteria in s. 397.675;
(b) The 72-hour period has elapsed; or
(c) The individual has consented to remain voluntarily at the licensed service provider.
(2) An individual may only be retained in protective custody beyond the 72-hour period when a petition for involuntary assessment or treatment has been initiated. The timely filing of the petition authorizes the service provider to retain physical custody of the individual pending further order of the court.