N.Y. Mental Hygiene Law § 9.01: Definitions

§ 9.01 Definitions.

As used in this article:

(a) "in need of care and treatment" means that a person has a mental

illness for which in-patient care and treatment in a hospital is

appropriate.

(b) "in need of involuntary care and treatment" means that a person

has a mental illness for which care and treatment as a patient in a

hospital is essential to such person's welfare and whose judgment is so

impaired that the person is unable to understand the need for such care

and treatment.

(c) "likelihood to result in serious harm" or "likely to result in

serious harm" means 1. a substantial risk of physical harm to the person

as manifested by threats of or attempts at suicide or serious bodily

harm or other conduct demonstrating that the person is dangerous to

themself, 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, or 3. a substantial

risk of physical harm to the person due to an inability or refusal, as a

result of their mental illness, to provide for their own essential needs

such as food, clothing, necessary medical care, personal safety, or

shelter.

(d) "need for retention" means that a person who has been admitted to

a hospital pursuant to this article is in need of involuntary care and

treatment in a hospital for a further period.

(e) "record" of a patient shall consist of admission, transfer or

retention papers and orders, and accompanying data required by this

article and by the regulations of the commissioner.

(f) "director of community services" means the director of community

services appointed pursuant to article forty-one of this chapter.

(g) "qualified psychiatrist" means a physician licensed to practice

medicine in New York state who: 1. is a diplomate of the American board

of psychiatry and neurology or is eligible to be certified by that

board; or 2. is certified by the American osteopathic board of neurology

and psychiatry or is eligible to be certified by that board.