§ 9.59 — Immunity from liability

New York § 9.59

• 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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* § 9.59 Immunity from liability.\n (a) Notwithstanding any inconsistent provision of any general, special\nor local law, an ambulance service as defined by subdivision two of\nsection three thousand one of the public health law and any member\nthereof who is an emergency medical technician or an advanced emergency\nmedical technician transporting a person to a hospital as authorized by\nthis article, any peace officers, when acting pursuant to their special\nduties, any police officers, who are members of an authorized police\ndepartment or force or of a sheriff's department, and any members of\nmobile crisis outreach teams approved by the commissioner pursuant to\nsection 9.58 of this article, who are taking into custody and\ntransporting a person to a hospital as authorized by this article, or to\na hospital or other facility as authorized by section 22.09 of this\nchapter, and any employee of a licensed comprehensive psychiatric\nemergency program, specially trained in accordance with standards\ndeveloped by the commissioner, who transports a person to a hospital,\nshall not be liable for damages for injuries alleged to have been\nsustained by such person or for the death of such person alleged to have\noccurred by reason of an act or omission unless it is established that\nsuch injuries or such death was caused by gross negligence on the part\nof such emergency medical technician, advanced emergency medical\ntechnician, peace officer, police officer, mobile crisis outreach team\nmember, or specially trained employee of a licensed comprehensive\npsychiatric emergency program.\n (b) Nothing in this section shall be deemed to relieve or alter the\nliability of any such ambulance service or members thereof, peace\nofficers, police officers or specially trained employees of a licensed\ncomprehensive psychiatric emergency program for damages or injuries or\ndeath arising out of the operation of motor vehicles.\n * NB Effective until July 1, 2027\n* § 9.59 Immunity from liability.\n (a) Notwithstanding any inconsistent provision of any general, special\nor local law, an ambulance service as defined by subdivision two of\nsection three thousand one of the public health law and any member\nthereof who is an emergency medical technician or an advanced emergency\nmedical technician transporting a person to a hospital as authorized by\nthis article, any peace officers, when acting pursuant to their special\nduties, and any police officers, who are members of an authorized police\ndepartment or force or of a sheriff's department, who are taking into\ncustody and transporting a person to a hospital as authorized by this\narticle, shall not be liable for damages for injuries alleged to have\nbeen sustained by such person or for the death of such person alleged to\nhave occurred by reason of an act or omission unless it is established\nthat such injuries or such death was caused by gross negligence on the\npart of such emergency medical technician, advanced emergency medical\ntechnician, peace officer or police officer.\n (b) Nothing in this section shall be deemed to relieve or alter the\nliability of any such ambulance service or members thereof, peace\nofficers, or police officers for damages or injuries or death arising\nout of the operation of motor vehicles.\n * NB Effective July 1, 2027\n