2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.45 - Emergency Assessment for Immediate Observation, Care, and Treatment; Powers of Directors of Community Services.

* § 9.45 Emergency  assessment  for  immediate  observation,  care,  and
treatment; powers of directors of community services.
(a) The director of community  services  or  the  director's  designee
shall  have the power to direct the removal of any person, within his or
her jurisdiction, to a hospital approved by the commissioner pursuant to
subdivision (a) of section 9.39 of this article, or to  a  comprehensive
psychiatric  emergency  program  pursuant  to subdivision (a) of section
9.40 of this article, if the parent, adult sibling, spouse or  child  of
the  person,  the  committee or legal guardian of the person, a licensed
psychologist, registered professional nurse or certified  social  worker
currently  responsible for providing treatment services to the person, a
supportive or intensive case manager currently assigned to the person by
a case management program which program is approved  by  the  office  of
mental  health  for  the  purpose  of  reporting  under  this section, a
licensed physician, health officer,  peace  officer  or  police  officer
reports  to  him  or her that such person has a mental illness for which
immediate care and treatment is  appropriate  and  which  is  likely  to
result  in serious harm to himself or herself or others. It shall be the
duty of 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 assist representatives of such
director to take into custody and transport any such  person.  Upon  the
request  of  a director of community services or the director's designee
an ambulance service, as defined in subdivision  two  of  section  three
thousand  one  of  the public health law, is authorized to transport any
such person. Such person may then be retained in a hospital pursuant  to
the  provisions  of  section  9.39 of this article or in a comprehensive
psychiatric emergency program pursuant to the provisions of section 9.40
of this article.
(b) A  person  otherwise  determined  to  meet  the  criteria  for  an
emergency  assessment  pursuant to this section may voluntarily agree to
be transported to a crisis stabilization center under section  36.01  of
this  chapter  for  care  and  treatment  and,  in  accordance with this
article, an assessment by the  crisis  stabilization  center  determines
that they are able to meet the service needs of the person.
* NB Effective until July 1, 2027
* § 9.45 Emergency  admissions  for  immediate  observation,  care,  and
treatment; powers of directors of community services.
The director of community services or  his  designee  shall  have  the
power to direct the removal of any person, within his jurisdiction, to a
hospital  approved  by  the  commissioner pursuant to subdivision (a) of
section 9.39 of this article if the parent,  spouse,  or  child  of  the
person,  a  licensed  physician, health officer, peace officer or police
officer reports to him that such person has a mental illness  for  which
immediate  care  and treatment in a hospital is appropriate and which is
likely to result in serious harm to himself or  others,  as  defined  in
section  9.39  of  this article. It shall be the duty of 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 assist representatives of such director to  take
into  custody  and  transport  any  such  person.  Upon the request of a
director of community services or his designee an ambulance service,  as
defined  in  subdivision two of section three thousand one of the public
health law, is authorized to transport any such person. Such person  may
then  be  retained  pursuant  to  the provisions of section 9.39 of this
article.
* NB Effective July 1, 2027