§ 9.57 — Emergency admissions for immediate observation, care and treatment; powers of emergency room physicians

New York § 9.57

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

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* § 9.57 Emergency admissions for immediate observation, care and\n treatment; powers of emergency room physicians.\n A physician who has examined a person in an emergency room or provided\nemergency medical services at a general hospital, as defined in article\ntwenty-eight of the public health law, which does not have an inpatient\npsychiatric service, or a physician who has examined a person in a\ncomprehensive psychiatric emergency program shall be authorized to\nrequest that the director of the program or hospital, or the director's\ndesignee, direct the removal of such person to a hospital approved by\nthe commissioner pursuant to subdivision (a) of section 9.39 of this\narticle or to a comprehensive psychiatric emergency program, if the\nphysician determines upon examination of such person that such person\nappears to have a mental illness for which immediate care and treatment\nin a hospital is appropriate and which is likely to result in serious\nharm to himself or others. Upon the request of the physician, the\ndirector of the program or hospital or the director's designee, is\nauthorized to direct peace officers, when acting pursuant to their\nspecial duties, or police officers, who are members of an authorized\npolice department or force or of a sheriff's department to take into\ncustody and transport any such person. Upon the request of an emergency\nroom physician or the director of the program or hospital, or the\ndirector's designee, an ambulance service, as defined by subdivision two\nof section three thousand one of the public health law, is authorized to\ntake into custody and transport any such person. Such person may then be\nadmitted to a hospital in accordance with the provisions of section 9.39\nof this article or to a comprehensive psychiatric emergency program in\naccordance with the provisions of section 9.40 of this article.\n * NB Effective until July 1, 2027\n* § 9.57 Emergency admissions for immediate observation, care and\n treatment; powers of emergency room physicians.\n A physician who has examined a person in an emergency room or provided\nemergency medical services at a general hospital, as defined in article\ntwenty-eight of the public health law, which does not have an inpatient\npsychiatric service, shall be authorized to request that the director of\nthe hospital, or his designee, direct the removal of such person to a\nhospital approved by the commissioner pursuant to subdivision (a) of\nsection 9.39 of this article, if the physician determines upon\nexamination of such person that such person appears to have a mental\nillness for which immediate care and treatment in a hospital is\nappropriate and which is likely to result in serious harm to himself or\nothers, as defined in section 9.39 of this article. Upon the request of\nthe physician, the director of the hospital or his designee, is\nauthorized to direct peace officers, when acting pursuant to their\nspecial duties, or police officers, who are members of an authorized\npolice department or force or of a sheriff's department to take into\ncustody and transport any such person. Upon the request of an emergency\nroom physician or the director of the hospital, or his designee, an\nambulance service, as defined by subdivision two of section three\nthousand one of the public health law, is authorized to take into\ncustody and transport any such person. Such person may then be admitted\nin accordance with the provisions of section 9.39 of this article.\n * NB Effective July 1, 2027\n