N.Y. Mental Hygiene Law § 9.37: Involuntary admission on certificate of a director of community services or his designee

§ 9.37 Involuntary admission on certificate of a director of community

services or his designee.

* (a) The director of a hospital, upon application by a director of

community services or an examining physician duly designated by him or

her, may receive and care for in such hospital as a patient any person

who, in the opinion of the director of community services or the

director's designee, 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 herself or others.

The need for immediate hospitalization shall be confirmed by a staff

physician of the hospital prior to admission. Within seventy-two hours,

excluding Sunday and holidays, after such admission, if such patient is

to be retained for care and treatment beyond such time and he or she

does not agree to remain in such hospital as a voluntary patient, the

certificate of another examining physician who is a member of the

psychiatric staff of the hospital that the patient is in need of

involuntary care and treatment shall be filed with the hospital. From

the time of his or her admission under this section the retention of

such patient for care and treatment shall be subject to the provisions

for notice, hearing, review, and judicial approval of continued

retention or transfer and continued retention provided by this article

for the admission and retention of involuntary patients, 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 in the hospital under this section.

* NB Effective until July 1, 2027

* (a) The director of a hospital, upon application by a director of

community services or an examining physician duly designated by them,

may receive and care for in such hospital as a patient any person who,

in the opinion of the director of community services or their designee,

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 themself or others. "Likelihood of serious harm" shall mean:

1. substantial risk of physical harm to themself as manifested by

threats of or attempts at suicide or serious bodily harm or other

conduct demonstrating that they are 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 or 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.

The need for immediate hospitalization shall be confirmed by a staff

physician of the hospital prior to admission. Within seventy-two hours,

excluding Sunday and holidays, after such admission, if such patient is

to be retained for care and treatment beyond such time and they do not

agree to remain in such hospital as a voluntary patient, the certificate

of another examining physician who is a member of the psychiatric staff

of the hospital that the patient is in need of involuntary care and

treatment shall be filed with the hospital. From the time of their

admission under this section the retention of such patient for care and

treatment shall be subject to the provisions for notice, hearing,

review, and judicial approval of continued retention or transfer and

continued retention provided by this article for the admission and

retention of involuntary patients, 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 in the hospital under

this section.

* NB Effective July 1, 2027

(b) The application for admission of a patient pursuant to this

section shall be based upon a personal examination by a director of

community services or his designee. It shall be in writing and shall be

filed with the director of such hospital at the time of the patient's

reception, together with a statement in a form prescribed by the

commissioner giving such information as he may deem appropriate.

(c) Notwithstanding the provisions of subdivision (b) of this section,

in counties with a population of less than two hundred thousand, a

director of community services who is a licensed psychologist pursuant

to article one hundred fifty-three of the education law or a licensed

clinical social worker pursuant to article one hundred fifty-four of the

education law but who is not a physician may apply for the admission of

a patient pursuant to this section without a medical examination by a

designated physician, if a hospital approved by the commissioner

pursuant to section 9.39 of this article is not located within thirty

miles of the patient, and the director of community services has made a

reasonable effort to locate a designated examining physician but such a

designee is not immediately available and the director of community

services, after personal observation of the person, reasonably believes

that he may have a mental illness which is likely to result in serious

harm to himself or others and inpatient care and treatment of such

person in a hospital may be appropriate. In the event of an application

pursuant to this subdivision, a physician of the receiving hospital

shall examine the patient and shall not admit the patient unless he or

she determines 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 the patient is

admitted, the need for hospitalization shall be confirmed by another

staff physician within twenty-four hours. An application pursuant to

this subdivision shall be in writing and shall be filed with the

director of such hospital at the time of the patient's reception,

together with a statement in a form prescribed by the commissioner

giving such information as he may deem appropriate, including a

statement of the efforts made by the director of community services to

locate a designated examining physician prior to making an application

pursuant to this subdivision.

(d) After signing the application, the director of community services

or the director's designee shall be authorized and empowered to take

into custody, detain, transport, and provide temporary care for any such

person. Upon the written request of such director or the director's

designee it shall be the duty of peace officers, when acting pursuant to

their special duties, or police officers who are members of the state

police or of an authorized police department or force or of a sheriff's

department to take into custody and transport any such person as

requested and directed by such director or designee. Upon the written

request of such director or 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.

(e) Reasonable expenses incurred by the director of community mental

hygiene services or his designee for the examination and temporary care

of the patient and his transportation to and from the hospital shall be

a charge upon the county from which the patient was admitted and shall

be paid from any funds available for such purposes.

(f) The provisions of this section shall not be applicable to continue

any patient in a hospital who has already been admitted to the hospital

under this or any other section of this article.

(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 commitment under this section.