2023 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, 2027