N.Y. Mental Hygiene Law Section 9.01
Definitions

As used in this article: “in need of care and treatment” means that a person has a mental illness for which in-patient care and treatment in a hospital is appropriate. “in need of involuntary care and treatment” means that a person has a mental illness for which care and treatment as a patient in a hospital is essential to such person’s welfare and whose judgment is so impaired that he is unable to understand the need for such care and treatment. “likelihood to result in serious harm” or “likely to result in serious harm” means (a) a substantial risk of physical harm to the person as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that the person is dangerous to himself or herself, or

(b)

a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm. “need for retention” means that a person who has been admitted to a hospital pursuant to this article is in need of involuntary care and treatment in a hospital for a further period. “record” of a patient shall consist of admission, transfer or retention papers and orders, and accompanying data required by this article and by the regulations of the commissioner. “director of community services” means the director of community services for the mentally disabled appointed pursuant to article 41 (Local Services)article forty-one of this chapter. “qualified psychiatrist” means a physician licensed to practice medicine in New York state who:

(a)

is a diplomate of the American board of psychiatry and neurology or is eligible to be certified by that board; or

(b)

is certified by the American osteopathic board of neurology and psychiatry or is eligible to be certified by that board. * NB Effective until August 7, 2025 * § 9.01 Definitions. As used in this article:

(a)

“in need of care and treatment” means that a person has a mental illness for which in-patient care and treatment in a hospital is appropriate.

(b)

“in need of involuntary care and treatment” means that a person has a mental illness for which care and treatment as a patient in a hospital is essential to such person’s welfare and whose judgment is so impaired that the person is unable to understand the need for such care and treatment.

(c)

“likelihood to result in serious harm” or “likely to result in serious harm” means 1. a substantial risk of physical harm to the person as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that the person is dangerous to themself, or

2.

a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm, or

3.

a substantial risk of physical harm to the person due to an inability or refusal, as a result of their mental illness, to provide for their own essential needs such as food, clothing, necessary medical care, personal safety, or shelter.

(d)

“need for retention” means that a person who has been admitted to a hospital pursuant to this article is in need of involuntary care and treatment in a hospital for a further period.

(e)

“record” of a patient shall consist of admission, transfer or retention papers and orders, and accompanying data required by this article and by the regulations of the commissioner.

(f)

“director of community services” means the director of community services appointed pursuant to article 41 (Local Services)article forty-one of this chapter.

(g)

“qualified psychiatrist” means a physician licensed to practice medicine in New York state who:

1.

is a diplomate of the American board of psychiatry and neurology or is eligible to be certified by that board; or

2.

is certified by the American osteopathic board of neurology and psychiatry or is eligible to be certified by that board. * NB Effective August 7, 2025

Source: Section 9.01 — Definitions, https://www.­nysenate.­gov/legislation/laws/MHY/9.­01 (updated May 16, 2025; accessed Jun. 9, 2025).

9.01
Definitions 9.03
Admission to a hospital 9.05
Examining physicians and medical certificates 9.07
Notice to all patients of their rights and of the availability of the mental hygiene legal service 9.09
Notices to mental hygiene legal service concerning minors 9.11
Patients’ records 9.13
Voluntary admissions 9.15
Informal admissions 9.17
Voluntary and informal admissions 9.19
Voluntary and informal admissions 9.21
Voluntary and informal admissions 9.23
Voluntary and informal admissions 9.25
Voluntary and informal admissions 9.27
Involuntary admission on medical certification 9.29
Involuntary admission on medical certification 9.31
Involuntary admission on medical certification 9.33
Court authorization to retain an involuntary patient 9.35
Review of court authorization to retain an involuntary patient 9.37
Involuntary admission on certificate of a director of community services or his designee 9.39
Emergency admissions for immediate observation, care, and treatment 9.40
Emergency observation, care and treatment in comprehensive psychiatric emergency programs 9.41
Emergency assessment for immediate observation, care, and treatment 9.43
Emergency assessment for immediate observation, care, and treatment 9.45
Emergency assessment for immediate observation, care, and treatment 9.46
Reports of substantial risk or threat of harm by mental health professionals 9.47
Duties of local officers in regard to their persons with a mental illness 9.48
Duties of directors of assisted outpatient treatment programs 9.49
Transfer of juvenile delinquents 9.51
Residential treatment facilities for children and youth 9.53
Children in the custody of social services officials or the division for youth 9.55
Emergency admissions for immediate observation, care and treatment 9.57
Emergency admissions for immediate observation, care and treatment 9.58
Transport for evaluation 9.59
Immunity from liability 9.60
Assisted outpatient treatment 9.63
Transportation of persons to or between hospitals 9.64
Notice of admission determination to community provider
Green check means up to date. Up to date

Verified:
Jun. 9, 2025

Last modified:
May 16, 2025

§ 9.01. Definitions's source at nysenate​.gov

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