New York Mental Hygiene Law Section 9.45 - Emergency admissions for immediate observation, care, and treatment; powers of directors of community services.

*  9.45 Emergency  admissions  for  immediate  observation,  care,  and
         treatment; powers of directors of community services.
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 in a hospital 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.
* NB Effective until July 1, 2020
  *  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, 2020

Last modified: February 3, 2019