N.Y. MHY Law § 9.39 — New York Code / Act MHY / Title B / Article 9 / Section 9.39
Emergency admissions for immediate observation, care, and treatment
Status: in_force

§ 9.39 Emergency admissions for immediate observation, care, and\n         treatment.\n  (a) The director of any hospital maintaining adequate staff and\nfacilities for the observation, examination, care, and treatment of\npersons alleged to be mentally ill and approved by the commissioner to\nreceive and retain patients pursuant to this section may receive and\nretain therein as a patient for a period of fifteen days any person\nalleged to have a mental illness for which immediate observation, care,\nand treatment in a hospital is appropriate and which is likely to result\nin serious harm to themself or others. "Likelihood to result in serious\nharm" as used in this section shall mean:\n  1. substantial risk of physical harm to themself as manifested by\nthreats of or attempts at suicide or serious bodily harm or other\nconduct demonstrating that they are dangerous to themself, or\n  2. a substantial risk of physical harm to other persons as manifested\nby homicidal or other violent behavior by which others are placed in\nreasonable fear of serious physical harm, or\n  3. a substantial risk of physical harm to the person due to an\ninability or refusal, as a result of their mental illness, to provide\nfor their own essential needs such as food, clothing, necessary medical\ncare, personal safety, or shelter.\n  The director shall cause to be entered upon the hospital records the\nname of the person or persons, if any, who have brought such person to\nthe hospital and the details of the circumstances leading to the\nhospitalization of such person. The director shall, in accordance with\nsection 33.13 of this chapter, upon admission of a person under this\nsection, ensure that reasonable efforts are made to identify and\npromptly notify any community provider of mental health services that\nmaintains such person on its caseload that such person has been received\nfor examination under this section.\n  The director shall admit such person pursuant to the provisions of\nthis section only if a staff physician of the hospital upon examination\nof such person finds that such person qualifies under the requirements\nof this section. Such person shall not be retained for a period of more\nthan forty-eight hours unless within such period such finding is\nconfirmed after examination by another physician who shall be a member\nof the psychiatric staff of the hospital. Such person shall be served,\nat the time of admission, with written notice of their status and rights\nas a patient under this section. Such notice shall contain the patient's\nname. At the same time, such notice shall also be given to the mental\nhygiene legal service and personally or by mail to such person or\npersons, not to exceed three in number, as may be designated in writing\nto receive such notice by the person alleged to be mentally ill. If at\nany time after admission, the patient, any relative, friend, or the\nmental hygiene legal service gives notice to the director in writing of\nrequest for court hearing on the question of need for immediate\nobservation, care, and treatment, a hearing shall be held as herein\nprovided as soon as practicable but in any event not more than five days\nafter such request is received, except that the commencement of such\nhearing may be adjourned at the request of the patient. It shall be the\nduty of the director upon receiving notice of such request for hearing\nto forward forthwith a copy of such notice with a record of the patient\nto the supreme court or county court in the county where such hospital\nis located. A copy of such notice and record shall also be given to the\nmental hygiene legal service. The court which receives such notice shall\nfix the date of such hearing and cause the patient or other person\nrequesting the hearing, the director, the mental hygiene legal service\nand such other persons as the court may determine to be advised of such\ndate. Upon such date, or upon such other date to which the proceeding\nmay be adjourned, the court shall hear testimony and examine the person\nalleged to be mentally ill, if it be deemed advisable in or out of\ncourt, and shall render a decision in writing that there is reasonable\ncause to believe that the patient has a mental illness for which\nimmediate inpatient care and treatment in a hospital is appropriate and\nwhich is likely to result in serious harm to themself or others. If it\nbe determined that there is such reasonable cause, the court shall\nforthwith issue an order authorizing the retention of such patient for\nany such purpose or purposes in the hospital for a period not to exceed\nfifteen days from the date of admission. Any such order entered by the\ncourt shall not be deemed to be an adjudication that the patient is\nmentally ill, but only a determination that there is reasonable cause to\nretain the patient for the purposes of this section.\n  (a-1) 1. If a patient admitted under this section is discharged at any\ntime before such patient has been admitted to a psychiatric center or\ninpatient psychiatric service subject to licensure by the office of\nmental health, the facility shall:\n  (i) advise such patient of clinically appropriate follow up services;\nand\n  (ii) for individuals with complex needs, as defined by the regulations\nof the office:\n  (A) for individuals in care management programs, coordinate discharge\nplanning with such care management program; and\n  (B) provide referrals, if clinically appropriate and available, for\ncare management services, community-based services, residential\nservices, or peerbased programs.\n  2. Discharges pursuant to this subdivision shall comply with discharge\nobligations under article twenty-eight of the public health law and the\nregulations of the department of health, as applicable.\n  (b) Within fifteen days of arrival at the hospital, if a determination\nis made that the person is not in need of involuntary care and\ntreatment, he shall be discharged unless he agrees to remain as a\nvoluntary or informal patient. If he is in need of involuntary care and\ntreatment and does not agree to remain as a voluntary or informal\npatient, he may be retained beyond such fifteen day period only by\nadmission to such hospital or another appropriate hospital pursuant to\nthe provisions governing involuntary admission on application supported\nby medical certification and subject to the provisions for notice,\nhearing, review, and judicial approval of retention or transfer and\nretention governing such admissions, provided that, for the purposes of\nsuch provisions, the date of admission of the patient shall be deemed to\nbe the date when the patient was first received under this section. If a\nhearing has been requested pursuant to the provisions of subdivision\n(a), the filing of an application for involuntary admission on medical\ncertification shall not delay or prevent the holding of the hearing.\n  (c) If a person is examined and determined to be mentally ill the fact\nthat such person suffers from alcohol or substance abuse shall not\npreclude commitment under this section.\n