N.Y. Mental Hygiene Law Section 9.21
Voluntary and informal admissions

  • encouragement of

(a)

It shall be the duty of all state and local officers having duties to perform relating to the mentally ill to encourage any person suitable therefor and in need of care and treatment for mental illness to apply for admission as a voluntary or informal patient.

(b)

No requirement shall be made by rule, regulation, or otherwise as a condition to admission or retention that any person applying for admission shall have the legal capacity to contract.

(c)

A person requesting admission to a hospital, who is suitable for admission on a voluntary or informal status, shall be admitted only on such a voluntary or informal status. The hospital shall, in such case, have the discretion to admit the person on either such status, except that, if the person specifically requests admission on an informal status and is suitable therefor, he shall be admitted only on such informal status.

Source: Section 9.21 — Voluntary and informal admissions; encouragement of, https://www.­nysenate.­gov/legislation/laws/MHY/9.­21 (updated Sep. 22, 2014; accessed Jan. 17, 2026).

9.01
Definitions 9.03
Admission to a hospital 9.05
Examining physicians, examining psychiatric nurse practitioners 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:
Jan. 17, 2026

Last modified:
Sep. 22, 2014

§ 9.21. Voluntary & informal admissions's source at nysenate​.gov

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