2023 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.