New York Mental Hygiene Law Section 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.
(b) The director  shall  cause  examination  of  such  persons  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, 2020

Last modified: February 3, 2019