NY Ment Hygiene L § 9.39 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 9 - Hospitalization of Persons With a Mental Illness 9.39 - Emergency Admissions for Immediate Observation, Care, and Treatment.

§ 9.39 Emergency   admissions   for  immediate  observation,  care,  and          treatment.  (a) The director  of  any  hospital  maintaining  adequate  staff  and facilities  for  the  observation,  examination,  care, and treatment of persons alleged to be mentally ill and approved by the  commissioner  to receive  and  retain  patients  pursuant to this section may receive and retain therein as a patient for a period  of  fifteen  days  any  person alleged  to have a mental illness for which immediate observation, care, and treatment in a hospital is appropriate and which is likely to result in serious harm to himself or others. "Likelihood to result  in  serious harm" as used in this article shall mean:   1.  substantial  risk  of  physical  harm  to himself as manifested by threats of or attempts at  suicide  or  serious  bodily  harm  or  other conduct demonstrating that he is dangerous to himself, or   2.  a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which  others  are  placed  in reasonable fear of serious physical harm.   The  director  shall cause to be entered upon the hospital records the name of the person or persons, if any, who have brought such  person  to the  hospital  and  the  details  of  the  circumstances  leading to the hospitalization of such person.   The director shall admit such person pursuant  to  the  provisions  of this  section only if a staff physician of the hospital upon examination of such person finds that such person qualifies under  the  requirements of  this section. Such person shall not be retained for a period of more than forty-eight  hours  unless  within  such  period  such  finding  is confirmed  after  examination by another physician who shall be a member of the psychiatric staff of the hospital. Such person shall  be  served, at  the  time of admission, with written notice of his status and rights as a patient under this section. Such notice shall contain the patient's name. At the same time, such notice shall also be given  to  the  mental hygiene  legal  service  and  personally  or  by  mail to such person or persons, not to exceed three in number, as may be designated in  writing to  receive  such notice by the person alleged to be mentally ill. If at any time after admission, the patient,  any  relative,  friend,  or  the mental  hygiene legal service gives notice to the director in writing of request for  court  hearing  on  the  question  of  need  for  immediate observation,  care,  and  treatment,  a  hearing shall be held as herein provided as soon as practicable but in any event not more than five days after such request is received, except that  the  commencement  of  such hearing  may be adjourned at the request of the patient. It shall be the duty of the director upon receiving notice of such request  for  hearing to  forward forthwith a copy of such notice with a record of the patient to the supreme court or county court in the county where  such  hospital is  located.  A  copy  of such notice and record shall also be given the mental hygiene legal service. The court which receives such notice shall fix the date of such hearing and  cause  the  patient  or  other  person requesting  the  hearing, the director, the mental hygiene legal service and such other persons as the court may determine to be advised of  such date.  Upon  such  date, or upon such other date to which the proceeding may be adjourned, the court shall hear testimony and examine the  person alleged  to  be  mentally  ill,  if  it be deemed advisable in or out of court, and shall render a decision in writing that there  is  reasonable cause  to  believe  that  the  patient  has  a  mental illness for which immediate inpatient care and treatment in a hospital is appropriate  and which is likely to result in serious harm to himself or others. If it be determined  that  there  is  such  reasonable  cause,  the  court  shall forthwith issue an order authorizing the retention of such  patient  for  any  such purpose or purposes in the hospital for a period not to exceed fifteen days from the date of admission. Any such order entered  by  the court  shall  not  be  deemed  to be an adjudication that the patient is mentally ill, but only a determination that there is reasonable cause to retain the patient for the purposes of this section.  (b) Within fifteen days of arrival at the hospital, if a determination is  made  that  the  person  is  not  in  need  of  involuntary care and treatment, he shall be discharged  unless  he  agrees  to  remain  as  a voluntary  or informal patient. If he is in need of involuntary care and treatment and does not agree  to  remain  as  a  voluntary  or  informal patient,  he  may  be  retained  beyond  such fifteen day period only by admission to such hospital or another appropriate hospital  pursuant  to the  provisions governing involuntary admission on application supported by medical certification and  subject  to  the  provisions  for  notice, hearing,  review,  and  judicial  approval  of retention or transfer and retention governing such admissions, provided that, for the purposes  of such provisions, the date of admission of the patient shall be deemed to be the date when the patient was first received under this section. If a hearing  has  been  requested  pursuant to the provisions of subdivision (a), the filing of an application for involuntary admission  on  medical certification shall not delay or prevent the holding of the hearing.  (c) 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 commitment under this section.