(a) retain custody of the person until the person has been examined by a physician or psychiatrist, and

(b) with the person’s consent, return the person to the person’s residence or, if that is not practicable, to the place where the person was taken into custody, if a physician or psychiatrist advises the peace officer or other person that, in the opinion of the physician or psychiatrist, the person does not require hospitalization for the person’s mental condition.