2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.58 - Transport for Evaluation; Powers of Approved Mobile Crisis Outreach Teams.

§ 9.58 Transport  for  evaluation;  powers  of  approved  mobile  crisis
outreach teams.
(a) A physician or qualified  mental  health  professional  who  is  a
member  of  an approved mobile crisis outreach team shall have the power
to remove, or pursuant to subdivision (b) of this section, to direct the
removal of any person who appears to be mentally ill and  is  conducting
themselves  in  a  manner  which  is likely to result in serious harm to
themselves or  others,  to  a  hospital  approved  by  the  commissioner
pursuant  to  subdivision  (a)  of section 9.39 or section 31.27 of this
chapter  or  where  the  team  physician  or  qualified  mental   health
professional  deems appropriate and where the person voluntarily agrees,
to a crisis stabilization center specified  in  section  36.01  of  this
chapter.
(b)  If  the  team  physician  or qualified mental health professional
determines that it is necessary to effectuate transport, he or she shall
direct 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
any  persons  identified  in  subdivision  (a) of this section. Upon the
request of such physician or qualified mental  health  professional,  an
ambulance  service,  as  defined  in  subdivision  two  of section three
thousand one of the public health law, is authorized  to  transport  any
such  persons.  Such  persons  may  then  be  evaluated for admission in
accordance with the provisions of section  9.27,  9.39,  9.40  or  other
sections  of  this article, provided that such admission decisions shall
be made independent of the fact that the person was transported pursuant
to the provisions of this section and, provided further, such  transport
shall  not  create a presumption that the person should be involuntarily
admitted to a hospital.
(c) The commissioner shall be  authorized  to  develop  standards,  in
consultation  with  the commissioner of the division of criminal justice
services, relating to the training  requirements  of  teams  established
pursuant  to  this  section.  Such training shall, at a minimum, help to
ensure that the provision of crisis and emergency services are  provided
in  a  manner  which  protects  the  health  and safety and respects the
individual needs and rights of persons being  evaluated  or  transported
pursuant to this section.
(d) As used in this section:
(1) "Approved  mobile  crisis  outreach  team"  shall  mean  a team of
persons operating as part of a mobile crisis outreach  program  approved
by  the  commissioner  of mental health, which may include mobile crisis
outreach teams funded pursuant to section 41.55 of this chapter.
(2)  "Qualified mental health  professional"  shall  mean  a  licensed
psychologist,  registered  professional  nurse, licensed clinical social
worker or a licensed master social worker under  the  supervision  of  a
physician, psychologist or licensed clinical social worker.