§ 9.45 — Emergency assessment for immediate observation, care, and treatment; powers of directors of community services

New York § 9.45

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title B: Mental Health Act
• Art. 9: Hospitalization of Persons With a Mental Illness

Text

* § 9.45 Emergency assessment for immediate observation, care, and\n treatment; powers of directors of community services.\n (a) The director of community services or the director's designee\nshall have the power to direct the removal of any person, within their\njurisdiction, to a hospital approved by the commissioner pursuant to\nsubdivision (a) of section 9.39 of this article, or to a comprehensive\npsychiatric emergency program pursuant to subdivision (a) of section\n9.40 of this article, if the parent, adult sibling, spouse, domestic\npartner as defined in section twenty-nine hundred ninety-four-a of the\npublic health law or child of the person, the committee or legal\nguardian of the person, a licensed psychologist, registered professional\nnurse or certified social worker currently responsible for providing\ntreatment services to the person, a supportive or intensive case manager\ncurrently assigned to the person by a case management program which\nprogram is approved by the office of mental health for the purpose of\nreporting under this section, a licensed physician, health officer,\npeace officer or police officer reports to the director of community\nservices or the director's designee that such person has a mental\nillness for which immediate care and treatment is appropriate and that\nis likely to result in serious harm to self or others. It shall be the\nduty of peace officers, when acting pursuant to their special duties, or\npolice officers who are members of an authorized police department, or\nforce or of a sheriff's department to assist representatives of such\ndirector to take into custody and transport any such person. Upon the\nrequest of a director of community services or the director's designee,\nan ambulance service, as defined in subdivision two of section three\nthousand one of the public health law, is authorized to transport any\nsuch person. Such person may then be retained in a hospital pursuant to\nthe provisions of section 9.39 of this article or in a comprehensive\npsychiatric emergency program pursuant to the provisions of section 9.40\nof this article.\n (b) A person otherwise determined to meet the criteria for an\nemergency assessment pursuant to this section may voluntarily agree to\nbe transported to a crisis stabilization center under section 36.01 of\nthis chapter for care and treatment and, in accordance with this\narticle, an assessment by the crisis stabilization center determines\nthat they are able to meet the service needs of the person.\n * NB Effective until July 1, 2027\n* § 9.45 Emergency admissions for immediate observation, care, and\n treatment; powers of directors of community services.\n The director of community services or the director's designee shall\nhave the power to direct the removal of any person, within their\njurisdiction, to a hospital approved by the commissioner pursuant to\nsubdivision (a) of section 9.39 of this article if the parent, spouse,\ndomestic partner as defined in section twenty-nine hundred ninety-four-a\nof the public health law or child of the person, a licensed physician,\nhealth officer, peace officer or police officer reports to such director\nof community services or the director's designee that such person has a\nmental illness for which immediate care and treatment in a hospital is\nappropriate and which is likely to result in serious harm to self or\nothers, as defined in section 9.39 of this article. It shall be the duty\nof peace officers, when acting pursuant to their special duties, or\npolice officers, who are members of an authorized police department or\nforce or of a sheriff's department to assist representatives of such\ndirector to take into custody and transport any such person. Upon the\nrequest of a director of community services or their designee an\nambulance service, as defined in subdivision two of section three\nthousand one of the public health law, is authorized to transport any\nsuch person. Such person may then be retained pursuant to the provisions\nof section 9.39 of this article.\n * NB Effective July 1, 2027\n