NY Ment Hygiene L § 9.40 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 9 - Hospitalization of Persons With a Mental Illness 9.40 - Emergency Observation, Care and Treatment in Comprehensive Psychiatric Emergency Programs.

* § 9.40 Emergency  observation,  care  and  treatment  in comprehensive            psychiatric emergency programs.  (a) The director of any comprehensive  psychiatric  emergency  program may  receive  and  retain therein for a period not to exceed seventy-two hours, any person alleged to have a mental illness for  which  immediate observation, care and treatment in such program is appropriate and which is  likely  to  result  in  serious  harm  to  the person or others. The director shall cause to be entered upon the program records the name  of the  person  or  persons, if any, who have brought the person alleged to have  a  mental  illness  to  the  program  and  the  details   of   the circumstances  leading the person or persons to bring the person alleged to have a mental illness to the program.  (a-1) The director shall cause triage  and  referral  services  to  be provided by a psychiatric nurse practitioner or physician of the program as  soon  as  such person is received into the comprehensive psychiatric emergency program. After receiving triage and  referral  services,  such person  shall  be  appropriately treated and discharged, or referred for further crisis intervention  services  including  an  examination  by  a physician as described in subdivision (b) of this section.  (b)   The  director  shall  cause  examination  of  such  persons  not discharged after the provision of triage and  referral  services  to  be initiated by a staff physician of the program as soon as practicable and in  any  event  within  six  hours after the person is received into the program's emergency room. Such person may be retained  for  observation, care  and  treatment and further examination for up to twenty-four hours if, at the conclusion of such  examination,  such  physician  determines that  such  person  may  have  a  mental  illness  for  which  immediate observation, care and treatment in a comprehensive psychiatric emergency program is appropriate, and which is likely to result in serious harm to the person or others.  (c) No person shall be involuntarily retained in accordance with  this section for more than twenty-four hours, unless (i) within that time the determination  of the examining staff physician has been confirmed after examination by another physician who is  a  member  of  the  psychiatric staff  of  the  program  and  (ii) the person is admitted to an extended observation bed, as such term  is  defined  in  section  31.27  of  this chapter.  At  the time of admission to an extended observation bed, such person shall be served with written notice of his status and rights as a patient under this section. Such  notice  shall  contain  the  patient's name. The notice shall be provided to the same persons and in the manner as  if  provided  pursuant  to  subdivision  (a) of section 9.39 of this article. Written requests for court hearings on the question of need for immediate observation, care and  treatment  shall  be  made,  and  court hearings shall be scheduled and held, in the manner provided pursuant to subdivision  (a) of section 9.39 of this article, provided however, if a person is removed or admitted to a hospital pursuant to subdivision  (e) or  (f)  of  this  section  the  director  of  such  hospital  shall  be substituted for the director of the comprehensive psychiatric  emergency program  in  all  legal proceedings regarding the continued retention of the person.  (d) If at any time it is determined that the person is  no  longer  in need  of  immediate  observation,  care and treatment in accordance with this section and is not in need of involuntary care and treatment  in  a hospital, such person shall be released without regard to the provisions of  section  29.15  of  this  chapter,  unless  such person agrees to be admitted to another appropriate hospital  as  a  voluntary  or  informal patient.  (e) If at any time within the seventy-two hour period it is determined that  such  person  continues to require immediate observation, care and treatment in accordance with this section and such requirement is likely to continue beyond the seventy-two hour period,  such  person  shall  be removed  within  a  reasonable period of time to an appropriate hospital authorized to receive and retain patients pursuant to  section  9.39  of this  article  and  such person shall be evaluated for admission and, if appropriate, shall be admitted  to  such  hospital  in  accordance  with section 9.39 of this article, except that if the person is admitted, the fifteen  day retention period of subdivision (b) of section 9.39 of this article shall be calculated from the  time  such  person  was  initially registered  into  the  emergency  room  of the comprehensive psychiatric emergency program. Any person removed to a  hospital  pursuant  to  this paragraph  shall  be removed without regard to the provisions of section 29.11 or 29.15 of this chapter and shall not be considered to have  been transferred or discharged to another hospital.  (f)  Nothing  in this section shall preclude the involuntary admission of a person to an appropriate hospital pursuant  to  the  provisions  of this  article  if  at  any time during the seventy-two hour period it is determined that the person is in need of involuntary care and  treatment in a hospital and the person does not agree to be admitted to a hospital as a voluntary or informal patient. Efforts shall be made to assure that any  arrangements  for  such  involuntary  admissions  in an appropriate hospital shall be made within a reasonable period of time.  (g) If a person is examined and determined to be mentally ill the fact that such person suffers from  alcohol  or  substance  abuse  shall  not preclude receipt or retention under this section.  (h)  All  time  periods referenced in this section shall be calculated from the time such person is initially  registered  into  the  emergency room of the comprehensive psychiatric emergency program.   * NB Repealed July 1, 2024