N.Y. Mental Hygiene Law § 9.57: Emergency admissions for immediate observation, care and treatment; powers of emergency room physicians

* § 9.57 Emergency admissions for immediate observation, care and

treatment; powers of emergency room physicians.

A physician who has examined a person in an emergency room or provided

emergency medical services at a general hospital, as defined in article

twenty-eight of the public health law, which does not have an inpatient

psychiatric service, or a physician who has examined a person in a

comprehensive psychiatric emergency program shall be authorized to

request that the director of the program or hospital, or the director's

designee, direct the removal of such person 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 the

physician determines upon examination of such person that such person

appears to have 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. Upon the request of the physician, the

director of the program or hospital or the director's designee, is

authorized to direct 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 take into

custody and transport any such person. Upon the request of an emergency

room physician or the director of the program or hospital, or the

director's designee, an ambulance service, as defined by subdivision two

of section three thousand one of the public health law, is authorized to

take into custody and 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

* § 9.57 Emergency admissions for immediate observation, care and

treatment; powers of emergency room physicians.

A physician who has examined a person in an emergency room or provided

emergency medical services at a general hospital, as defined in article

twenty-eight of the public health law, which does not have an inpatient

psychiatric service, shall be authorized to request that the director of

the hospital, or his designee, direct the removal of such person to a

hospital approved by the commissioner pursuant to subdivision (a) of

section 9.39 of this article, if the physician determines upon

examination of such person that such person appears to have 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. Upon the request of

the physician, the director of the hospital or his designee, is

authorized to direct 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 take into

custody and transport any such person. Upon the request of an emergency

room physician or the director of the hospital, or his designee, an

ambulance service, as defined by subdivision two of section three

thousand one of the public health law, is authorized to take into

custody and 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