N.Y.
Mental Hygiene Law Section 9.45
Emergency assessment for immediate observation, care, and treatment
- powers of directors of community services
(a)
The director of community services or the director’s designee shall have the power to direct the removal of any person, within his or her jurisdiction, to a hospital approved by the commissioner pursuant to subdivision (a) of section 9.39 of this article, or to a comprehensive psychiatric emergency program pursuant to subdivision (a) of section 9.40 of this article, if the parent, adult sibling, spouse or child of the person, the committee or legal guardian of the person, a licensed psychologist, registered professional nurse or certified social worker currently responsible for providing treatment services to the person, a supportive or intensive case manager currently assigned to the person by a case management program which program is approved by the office of mental health for the purpose of reporting under this section, a licensed physician, health officer, peace officer or police officer reports to him or her that such person has a mental illness for which immediate care and treatment is appropriate and which is likely to result in serious harm to himself or herself or others. It shall be the duty of peace officers, when acting pursuant to their special duties, or police officers, who are members of an authorized police department or force or of a sheriff’s department to assist representatives of such director to take into custody and transport any such person. Upon the request of a director of community services or the director’s designee an ambulance service, as defined in subdivision two of Public Health Law § 3001 (Definitions)section three thousand one of the public health law, is authorized to transport any such person. Such person may then be retained in a hospital pursuant to the provisions of section 9.39 of this article or in a comprehensive psychiatric emergency program pursuant to the provisions of section 9.40 of this article.(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, 2024 * § 9.45 Emergency admissions for immediate observation, care, and treatment; powers of directors of community services. The director of community services or his designee shall have the power to direct the removal of any person, within his jurisdiction, to a hospital approved by the commissioner pursuant to subdivision (a) of section 9.39 of this article if the parent, spouse, or child of the person, a licensed physician, health officer, peace officer or police officer reports to him that such person has a mental illness for which immediate care and treatment in a hospital is appropriate and which is likely to result in serious harm to himself or others, as defined in section 9.39 of this article. It shall be the duty of peace officers, when acting pursuant to their special duties, or police officers, who are members of an authorized police department or force or of a sheriff’s department to assist representatives of such director to take into custody and transport any such person. Upon the request of a director of community services or his designee an ambulance service, as defined in subdivision two of Public Health Law § 3001 (Definitions)section three thousand one of the public health law, is authorized to transport any such person. Such person may then be retained pursuant to the provisions of section 9.39 of this article. * NB Effective July 1, 2024
Source:
Section 9.45 — Emergency assessment for immediate observation, care, and treatment; powers of directors of community services, https://www.nysenate.gov/legislation/laws/MHY/9.45 (updated Oct. 8, 2021; accessed Apr. 20, 2024).
