N.Y. Mental Hygiene Law § 9.58: Transport for evaluation; powers of approved mobile crisis outreach teams

§ 9.58 Transport for evaluation; powers of approved mobile crisis

outreach teams.

(a) A physician or qualified mental health professional who is a

member of an approved mobile crisis outreach team shall have the power

to remove, or pursuant to subdivision (b) of this section, to direct the

removal of any person who appears to be mentally ill and is conducting

themselves in a manner which is likely to result in serious harm to

themselves or others, to a hospital approved by the commissioner

pursuant to subdivision (a) of section 9.39 or section 31.27 of this

chapter or where the team physician or qualified mental health

professional deems appropriate and where the person voluntarily agrees,

to a crisis stabilization center specified in section 36.01 of this

chapter.

(b) If the team physician or qualified mental health professional

determines that it is necessary to effectuate transport, he or she shall

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 persons identified in subdivision (a) of this section. Upon the

request of such physician or qualified mental health professional, an

ambulance service, as defined in subdivision two of section three

thousand one of the public health law, is authorized to transport any

such persons. Such persons may then be evaluated for admission in

accordance with the provisions of section 9.27, 9.39, 9.40 or other

sections of this article, provided that such admission decisions shall

be made independent of the fact that the person was transported pursuant

to the provisions of this section and, provided further, such transport

shall not create a presumption that the person should be involuntarily

admitted to a hospital.

(c) The commissioner shall be authorized to develop standards, in

consultation with the commissioner of the division of criminal justice

services, relating to the training requirements of teams established

pursuant to this section. Such training shall, at a minimum, help to

ensure that the provision of crisis and emergency services are provided

in a manner which protects the health and safety and respects the

individual needs and rights of persons being evaluated or transported

pursuant to this section.

(d) As used in this section:

(1) "Approved mobile crisis outreach team" shall mean a team of

persons operating as part of a mobile crisis outreach program approved

by the commissioner of mental health, which may include mobile crisis

outreach teams funded pursuant to section 41.55 of this chapter.

(2) "Qualified mental health professional" shall mean a licensed

psychologist, registered professional nurse, licensed clinical social

worker or a licensed master social worker under the supervision of a

physician, psychologist or licensed clinical social worker.