N.Y. Mental Hygiene Law § 9.55: Emergency admissions for immediate observation, care and treatment; powers of qualified psychiatrists

* § 9.55 Emergency admissions for immediate observation, care and

treatment; powers of qualified psychiatrists.

A qualified psychiatrist shall have the power to direct the removal of

any person, whose treatment for a mental illness he or she is either

supervising or providing in a facility licensed or operated by the

office of mental health which does not have an inpatient psychiatric

service, 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, if he or she determines upon examination

of such person that such person appears 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

herself or others. Upon the request of such qualified psychiatrist,

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 shall take into custody and transport any such

person. Upon the request of a qualified psychiatrist an ambulance

service, as defined by subdivision two of section three thousand one of

the public health law, is authorized to transport any such person. Such

person may then be admitted to a hospital in accordance with the

provisions of section 9.39 of this article or to a comprehensive

psychiatric emergency program in accordance with the provisions of

section 9.40 of this article.

* NB Effective until July 1, 2027

* § 9.55 Emergency admissions for immediate observation, care and

treatment; powers of qualified psychiatrists.

A qualified psychiatrist shall have the power to direct the removal of

any person, whose treatment for a mental illness he is either

supervising or providing in a facility licensed or operated by the

office of mental health which does not have an inpatient psychiatric

service, to a hospital approved by the commissioner pursuant to

subdivision (a) of section 9.39 of this article, if he determines upon

examination of such person that such person appears 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, as defined in section 9.39 of this article. Upon the

request of such qualified psychiatrist, 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

shall take into custody and transport any such person. Upon the request

of a qualified psychiatrist an ambulance service, as defined by

subdivision two of section three thousand one of the public health law,

is authorized to transport any such person. Such person may then be

admitted in accordance with the provisions of section 9.39 of this

article.

* NB Effective July 1, 2027