NY Ment Hygiene L § 9.27 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 9 - Hospitalization of Persons With a Mental Illness 9.27 - Involuntary Admission on Medical Certification.

§ 9.27 Involuntary admission on medical certification.  (a)  The  director  of  a hospital may receive and retain therein as a patient any person alleged to be mentally ill and in need of involuntary care and treatment upon the certificates of  two  examining  physicians, accompanied  by  an  application  for  the admission of such person. The examination may be conducted jointly but each examining physician  shall execute a separate certificate.  (b)  Such application must have been executed within ten days prior to such admission. It may be executed by any one of the following:   1. any person with whom the person alleged to be mentally ill resides.   2. the father or mother, husband or wife, brother or  sister,  or  the child of any such person or the nearest available relative.   3. the committee of such person.   4.  an officer of any public or well recognized charitable institution or agency or home, including but not limited to the superintendent of  a correctional  facility,  as  such  term  is  defined in paragraph (a) of subdivision four  of  section  two  of  the  correction  law,  in  whose institution  the  person  alleged  to  be  mentally  ill resides and the designee authorized by the commissioner of the department of corrections and community supervision responsible for community supervision  in  the region where such person alleged to be mentally ill has been released to any form of supervision following incarceration.   5.  the director of community services or social services official, as defined in the social services law, of the city or county in  which  any such person may be.   6.  the  director of the hospital or of a general hospital, as defined in article twenty-eight of the public health law, in which  the  patient is hospitalized.   7.  the  director  or person in charge of a facility providing care to alcoholics, or substance abusers or substance dependent persons.   8. the director of the division for youth, acting in  accordance  with the provisions of section five hundred nine of the executive law.   9.  subject to the terms of any court order or any instrument executed pursuant to section three hundred eighty-four-a of the  social  services law, a social services official or authorized agency which has, pursuant to the social services law, care and custody or guardianship and custody of a child over the age of sixteen.   10.  subject to the terms of any court order a person or entity having custody of a child pursuant to an order issued pursuant to section seven hundred fifty-six or one thousand fifty-five of the family court act.   11. a qualified psychiatrist who is either supervising  the  treatment of  or  treating such person for a mental illness in a facility licensed or operated by the office of mental health.  (c) Such application shall contain a statement of the facts upon which the allegation of mental illness and need for  care  and  treatment  are based  and  shall  be  executed  under  penalty of perjury but shall not require the signature of a notary public thereon.  (d)  Before  an  examining  physician  completes  the  certificate  of examination  of  a  person  for involuntary care and treatment, he shall consider alternative forms of care and treatment that might be  adequate to   provide  for  the  person's  needs  without  requiring  involuntary hospitalization. If the examining physician knows that the person he  is examining  for  involuntary  care  and  treatment  has  been under prior treatment, he shall, insofar as possible, consult with the physician  or psychologist  furnishing  such  prior  treatment prior to completing his certificate. Nothing in this section shall prohibit  or  invalidate  any involuntary  admission  made  in  accordance with the provisions of this chapter.  (e) The director of the hospital where such person  is  brought  shall cause such person to be examined forthwith by a physician who shall be a member of the psychiatric staff of such hospital other than the original examining  physicians  whose certificate or certificates accompanied the application  and,  if  such person is found to be in need of involuntary care and treatment, he may be admitted thereto as a  patient  as  herein provided.  (f)  Following  admission  to  a  hospital,  no patient may be sent to another hospital by any form of involuntary admission unless the  mental hygiene legal service has been given notice thereof.  (g)  Applications for involuntary admission of patients to residential treatment facilities for children and youth or transfer of involuntarily admitted patients to such facilities may be reviewed by  the  office  or commissioner's designee serving such facility in accordance with section 9.51  of this article and in consultation with the residential treatment facility  receiving  an  involuntary  admission  or   transfer   of   an involuntarily admitted patient.  (h)  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.  (i)  After  an  application  for  the  admission  of a person has been completed and both physicians have examined such person  and  separately certified that he or she is mentally ill and in need of involuntary care and  treatment  in a hospital, either physician is authorized to request peace officers, when acting pursuant to their special duties, or  police officers, who are members of an authorized police department or force or of  a  sheriff's  department,  to  take  into custody and transport such person to a hospital for determination  by  the  director  whether  such person  qualifies  for  admission  pursuant  to  this  section. Upon the request  of  either  physician  an  ambulance  service,  as  defined  by subdivision  two of section three thousand one of the public health law, is authorized to transport such person to a hospital  for  determination by  the director whether such person qualifies for admission pursuant to this section.