N.Y. Mental Hygiene Law Section 9.41
Emergency assessment for immediate observation, care, and treatment

  • powers of certain peace officers and police officers
** (a) Any peace officer, when acting pursuant to his or her special duties, or police officer who is a member of the state police or of an authorized police department or force or of a sheriff’s department may take into custody any person who appears to be mentally ill and is conducting himself or herself in a manner which is likely to result in serious harm to the person or others. Such officer may direct the removal of such person or remove him or her to any hospital specified in subdivision (a) of section 9.39 of this article, or any comprehensive psychiatric emergency program specified in subdivision (a) of section 9.40 of this article, or pending his or her examination or admission to any such hospital or program, temporarily detain any such person in another safe and comfortable place, in which event, such officer shall immediately notify the director of community services or, if there be none, the health officer of the city or county of such action. ** NB Effective until August 7, 2025 ** (a) Any peace officer, when acting pursuant to their special duties, or police officer who is a member of the state police or of an authorized police department or force or of a sheriff’s department may take into custody any person who appears to be mentally ill and is conducting themself in a manner which is likely to result in serious harm to the person or others. Such officer may direct the removal of such person or remove such person to any hospital specified in subdivision (a) of section 9.39 of this article, or any comprehensive psychiatric emergency program specified in subdivision (a) of section 9.40 of this article, or pending such person’s examination or admission to any such hospital or program, temporarily detain any such person in another safe and comfortable place, in which event, such officer shall immediately notify the director of community services or, if there be none, the health officer of the city or county of such action. Provided, however, a peace officer or police officer directing the removal of a person who is conducting themself in a manner which is likely to result in serious harm as defined by paragraph three of subdivision (c) of section 9.01 of this chapter, shall request the transport of such person be conducted by emergency medical services, if practicable based on: the person’s potential medical needs and the capacity limits of the local emergency medical services agencies, as determined by the local emergency medical services agencies; and the safety of the person being removed, as determined by the officer. ** NB Effective August 7, 2025 (b) A person otherwise determined to meet the criteria for an emergency assessment pursuant to this section may voluntarily agree to be transported to a crisis stabilization center under section 36.01 of this chapter for care and treatment and, in accordance with this article, an assessment by the crisis stabilization center determines that they are able to meet the service needs of the person. * NB Effective until July 1, 2027 * § 9.41 Emergency admissions for immediate observation, care, and treatment; powers of certain peace officers and police officers. Any peace officer, when acting pursuant to their special duties, or police officer who is a member of the state police or of an authorized police department or force or of a sheriff’s department may take into custody any person who appears to be mentally ill and is conducting themself in a manner which is likely to result in serious harm to themself or others. Such officer may direct the removal of such person or remove such person to any hospital specified in subdivision (a) of section 9.39 of this article or, pending such person’s examination or admission to any such hospital, temporarily detain any such person in another safe and comfortable place, in which event, such officer shall immediately notify the director of community services or, if there be none, the health officer of the city or county of such action. Provided, however, a peace officer or police officer directing the removal of a person who is conducting themself in a manner which is likely to result in serious harm as defined by paragraph three of subdivision (c) of section 9.01 of this article, shall request the transport of such person be conducted by emergency medical services, if practicable based on: the person’s potential medical needs and the capacity limits of the local emergency medical services agencies, as determined by the local emergency medical services agencies; and the safety of the person being removed, as determined by the officer. * NB Effective July 1, 2027

Source: Section 9.41 — Emergency assessment for immediate observation, care, and treatment; powers of certain peace officers and police officers, https://www.­nysenate.­gov/legislation/laws/MHY/9.­41 (updated May 16, 2025; accessed Jul. 12, 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:
Jul. 12, 2025

Last modified:
May 16, 2025

§ 9.41. Emergency assessment for immediate observation, care, & treatment's source at nysenate​.gov

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