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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jun 14, 2018 |
referred to mental health delivered to assembly passed senate |
| Jun 04, 2018 |
advanced to third reading |
| May 31, 2018 |
2nd report cal. |
| May 30, 2018 |
1st report cal.1359 |
| May 09, 2018 |
reported and committed to finance |
| Jan 03, 2018 |
referred to mental health and developmental disabilities returned to senate died in assembly |
| Jun 15, 2017 |
referred to mental health delivered to assembly passed senate |
| Jun 14, 2017 |
ordered to third reading cal.1681 |
| Jun 07, 2017 |
reported and committed to rules |
| Jan 04, 2017 |
referred to mental health and developmental disabilities |
Senate Bill S446
2017-2018 Legislative Session
Provides for the emergency or involuntary admission of persons with mental illness when there is a risk of serious physical harm or serious psychiatric harm
download bill text pdfSponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 14, 2018
aye (44)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- DeFrancisco
- Dilan
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Helming
- Jacobs
- Kennedy
- Klein
- Lanza
- Larkin
- Little
- Marcellino
- Marchione
- Murphy
- O'Mara
- Ortt
- Peralta
- Phillips
- Ranzenhofer
- Ritchie
- Robach
- Savino
- Serino
- Seward
- Stavisky
- Stewart-Cousins
- Tedisco
- Valesky
- Young
nay (15)
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Floor Vote: Jun 15, 2017
aye (49)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Benjamin
- Bonacic
- Boyle
- Breslin
- Carlucci
- Croci
- DeFrancisco
- Dilan
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Helming
- Jacobs
- Kennedy
- Klein
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marchione
- Murphy
- O'Mara
- Ortt
- Peralta
- Phillips
- Ranzenhofer
- Ritchie
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Stavisky
- Stewart-Cousins
- Tedisco
- Valesky
- Young
nay (11)excused (3)
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Jun 14, 2017 - Rules Committee Vote
S44619Aye2Nay3Aye with Reservations1Absent0Excused0Abstained-
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Rules Committee Vote: Jun 14, 2017
aye (19)absent (1)
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May 30, 2018 - Finance Committee Vote
S44625Aye6Nay6Aye with Reservations0Absent0Excused0AbstainedMay 9, 2018 - Committee Vote
S4466Aye5Nay0Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
(R, C) Senate District
(R, C, IP) Senate District
2017-S446 (ACTIVE) - Details
2017-S446 (ACTIVE) - Sponsor Memo
BILL NUMBER: S446
TITLE OF BILL : An act to amend the mental hygiene law, in relation
to involuntary and emergency admissions of the mentally ill
PURPOSE OR GENERAL IDEA OF BILL :
Provides for the emergency or involuntary admission of persons with
mental illness when there is a risk of serious physical harm or
serious psychiatric harm.
The bill will improve care for people with serious mental illness by
clarifying that involuntary inpatient care of persons with mental
illness is appropriate when there is a risk of serious physical harm
or serious psychiatric harm.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of the bill amends Mental Hygiene Law (MHL) § 9.01 to
clarify key definitions used in the process of involuntarily
hospitalizing people with mental illness, including:
"Likely to result in serious harm," which is divided into two new
terms: "likely to result in serious physical harm," and "likely to
result in serious psychiatric harm."
The inability of a person with mental illness to meet his or her needs for nourishment, medical care, shelter or self-protection without the assistance of others is included as one potential basis for a finding that the person's mental illness is likely to result in serious physical harm. Also, the definition of the term "need for retention" is supplemented to provide guidance to physicians in determining the need to retain an involuntarily hospitalized person for an additional period. The new language requires the decision-maker to consider not just the person's current mental condition, but also his or her preparedness to maintain such condition in the community by adhering to outpatient treatment and avoiding high-risk behaviors. Sections 2 and 3 amend MHL § 9.37(a)&(c) to incorporate the newly-clarified commitment criteria in the determination of a director of community services or an examining physician that a patient should be admitted to a hospital. Section 4 amends MHL § 9.39(a) to incorporate the newly-clarified commitment criteria in the determination of a hospital director to receive a patient and retain him or her for a period of fifteen days. Section 5 amends MHL § 9.40(a)&(b) to incorporate the newly-clarified commitment criteria in the determination of a director of a comprehensive psychiatric emergency program to receive a patient and retain him or her for a period of up to 72 hours. Sections 6 and 7 amend MHL § 9.41 to partially incorporate the newly-clarified commitment criteria in the determination of a peace officer or police officer to direct the removal of a person in the community to a hospital. The amendment would allow the peace officer to apply the newly-clarified definition of "likely to result in serious physical harm," but would not allow the officer to consider the likelihood of psychiatric harm. Sections 8 and 9 amend MHL § 9.43 to partially incorporate the newly-clarified commitment criteria in a judge's determination of the need for a mental health warrant. The amendment would allow the judge to apply the newly-clarified definition of "likely to result in serious physical harm," but would not allow the judge to consider the likelihood of psychiatric harm. Sections 10 and 11 amend MHL § 9.45 to incorporate the newly-clarified commitment criteria in the report which may form the basis of a decision by the director of community services to direct the emergency removal of a person. Sections 12 and 13 amend MHL § 9.55 to incorporate the newly-clarified commitment criteria in the determination of a qualified psychiatrist to direct the emergency removal of a person. Sections 14 and 15 amend MHL § 9.57 to incorporate the newly-clarified commitment criteria in the determination of an examining emergency room physician to request the emergency removal of a person. Section 16 amends MHL § 9.58 to incorporate the newly-clarified commitment criteria in the determination of a member of a mobile crisis outreach team to effectuate the emergency removal of a person. Section 17 provides for the effective date. JUSTIFICATION : Involuntary commitment to a hospital is always the last resort to secure desperately-needed medical care for a person in psychiatric crisis. While it is undeniably preferable for the person to accept treatment voluntarily, this is not always a realistic option. Sometimes, due to anosognosia, a biologic condition of brain dysfunction, individuals with severe illnesses such as schizophrenia and bipolar disorder are simply unable to recognize their own illness or the damage that has been wreaked upon their lives, and accordingly refuse offers of voluntary assistance. For this reason, offering involuntary hospital care to those in need is an essential function of the public mental health system. The availability of such treatment is not only a question of resources; it is also highly dependent on the criteria stated in commitment laws, which must strike a delicate balance between the individual's right to make his or her own medical treatment decisions and society's need to protect the person and the community from serious dangers to life or safety. To commit a person to inpatient treatment in New York, it must be established that the person's mental illness is "likely to result in serious harm." On its face, this standard (commonly known as the "dangerousness standard") is both reasonable and constitutionally appropriate. But the dangerousness standard is often applied in a disturbingly narrow manner. Mental health professionals, courts and police sometimes interpret dangerousness to mean a risk of violence or suicide, and nothing more. Families desperately seeking care for a mentally ill loved one are told that nothing can be done until the person demonstrates some intent to hurt someone. Too often, the person ultimately proves such "dangerousness" by committing a violent act, and then receives overdue treatment as an inmate in the correctional system. The narrow view of dangerousness is actually bolstered by the New York statute, which lists "homicidal or other violent behavior" and "threats of or attempts at suicide or serious bodily harm" as the only concrete examples of conduct establishing a basis for commitment. While the law also allows for the possible relevance of "other conduct demonstrating that the person is dangerous to himself," it provides no guidance on what sort of conduct that might include. This bill would not expand the availability of commitment to non-dangerous individuals. Rather, it would make explicit that there are ways to be dangerous to oneself without having any intent of self-harm. Specifically, it would clarify that when mental illness prevents a person from meeting his or her essential human needs of nutrition, medical care, shelter and self-protection - or renders him or her unable to seek care to prevent severe deterioration of brain function - danger to self within the meaning of the commitment law is established. This is not a trailblazing bill. On the contrary, New York is currently one of only four states whose commitment laws do not explicitly acknowledge inability to meet basic survival needs as a permissible basis for commitment. The need to protect an individual from psychiatric harm is also recognized by many states, including Arizona, Wisconsin, Hawaii, Oregon and Michigan. A published study indicates that broadening state commitment standards does not lead to a deluge of new hospital patients, but rather it leads to many individuals who would eventually have been hospitalized under the old law, instead receiving hospital care at an earlier, more treatable and cost-effective stage of mental illness. (Miller, Am. J. Psychiatry, Oct. '92.) Another study recently found a statistically significant correlation between progressive commitment standards and lower state homicide rates. (Segal, Soc. Psychiatry Psychiatr Epidemiol, Nov. 2011.) PRIOR LEGISLATIVE HISTORY : 2015,2016: S.3211 Referred to Mental Health and Developmental Disabilities 2013,2014: S.4377 Referred to Mental Health and Developmental Disabilities FISCAL IMPLICATIONS : Undetermined. Costs savings anticipated in the long run due to decrease in recidivism of incarcerations and inpatient hospitalizations. EFFECTIVE DATE : This act shall take effect on the thirtieth day after it shall have become a law.
2017-S446 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
446
2017-2018 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2017
___________
Introduced by Sens. YOUNG, LARKIN -- read twice and ordered printed, and
when printed to be committed to the Committee on Mental Health and
Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to involuntary and
emergency admissions of the mentally ill
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 9.01 of the mental hygiene law, as amended by chap-
ter 723 of the laws of 1989, the seventh undesignated paragraph as
amended by chapter 595 of the laws of 2000, is amended to read as
follows:
§ 9.01 Definitions.
As used in this article:
"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 appro-
priate.
"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] WHICH SO IMPAIRS THE
PERSON'S judgment [is so impaired] that he OR SHE is unable to under-
stand the need for such care and treatment.
["likelihood to result in serious harm" or] "likely to result in seri-
ous PHYSICAL harm" means [(a)] POSING a substantial risk of : (A) SERI-
OUS physical harm to the person as manifested by threats of or attempts
at suicide or serious bodily harm, CONDUCT DEMONSTRATING THAT THE PERSON
IS UNABLE TO MEET HIS OR HER NEEDS FOR NOURISHMENT, MEDICAL CARE, SHEL-
TER OR SELF-PROTECTION WITHOUT THE ASSISTANCE OF OTHERS, or other
conduct demonstrating that the person is dangerous to himself or
herself[,]; or (b) [a substantial risk of physical harm to other persons
as manifested by homicidal or other violent behavior by which others are
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05955-01-7
S. 446 2
placed in reasonable fear of] serious physical harm TO OTHERS AS MANI-
FESTED BY VIOLENT OR IMPRUDENT BEHAVIOR OR THREATS.
"LIKELY TO RESULT IN SERIOUS PSYCHIATRIC HARM" MEANS SIGNIFICANTLY
IMPAIRING THE PERSON'S ABILITY TO MAKE AN INFORMED DECISION REGARDING
MENTAL HEALTH TREATMENT AND POSING A SUBSTANTIAL RISK OF SEVERE DETERI-
ORATION OF THE PERSON'S CAPACITY FOR JUDGMENT, REASON OR SELF-MANAGE-
MENT.
"need for retention" means [that] THE NEED OF a person who has been
admitted to a hospital pursuant to this article [is in need] FOR A
FURTHER PERIOD of involuntary care and treatment in a hospital [for a
further period]. IN DETERMINING THE NEED FOR RETENTION, A PHYSICIAN
SHALL CONSIDER THE PERSON'S CURRENT CONDITION AND PREPAREDNESS, WITH
APPROPRIATE AND AVAILABLE SUPPORT, TO ADHERE TO ESSENTIAL OUTPATIENT
TREATMENT AND REFRAIN FROM ABUSING SUBSTANCES WHICH IMPERIL HIS OR HER
MENTAL HEALTH.
"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.
"director of community services" means the director of community
services for the mentally disabled appointed pursuant to article forty-
one of this chapter.
"qualified psychiatrist" means a physician licensed to practice medi-
cine in New York state who: (a) is a diplomate of the American board of
psychiatry and neurology or is eligible to be certified by that board;
or (b) is certified by the American osteopathic board of neurology and
psychiatry or is eligible to be certified by that board.
§ 2. Subdivisions (a) and (c) of section 9.37 of the mental hygiene
law, subdivision (a) as amended by chapter 723 of the laws of 1989 and
subdivision (c) as amended by chapter 230 of the laws of 2004, are
amended to read as follows:
(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 direc-
tor'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 PHYSICAL harm [to himself or herself] or [others] SERIOUS
PSYCHIATRIC HARM.
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 invol-
untary 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 admis-
sion 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.
(c) Notwithstanding the provisions of subdivision (b) of this section,
in counties with a population of less than two hundred thousand, a
S. 446 3
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 pursu-
ant 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 OR SHE may have a mental illness which is likely to result in
serious PHYSICAL harm [to himself] or [others] SERIOUS PSYCHIATRIC HARM
and inpatient care and treatment of such person in a hospital may be
appropriate. In the event of an application pursuant to this subdivi-
sion, 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.
§ 3. Subdivision (a) of section 9.37 of the mental hygiene law, such
section as renumbered by chapter 978 of the laws of 1977, is amended to
read as follows:
(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 his OR HER
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 PHYSICAL harm [to himself or others; "likelihood of serious
harm" shall mean:
1. substantial risk of physical harm to himself as manifested by
threats of or attempts at suicide or serious bodily harm or other
conduct demonstrating that he is dangerous to himself, 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] PSYCHIATRIC harm.
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 invol-
untary 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
S. 446 4
transfer and continued retention provided by this article for the admis-
sion 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.
§ 4. Subdivision (a) of section 9.39 of the mental hygiene law, as
amended by chapter 789 of the laws of 1985, is amended to read as
follows:
(a) The director of any hospital maintaining adequate staff and facil-
ities for the observation, examination, care, and treatment of persons
alleged to be mentally ill and approved by the commissioner to receive
and retain patients pursuant to this section may receive and retain
therein as a patient for a period of fifteen days any person alleged to
have a mental illness for which immediate observation, care, and treat-
ment in a hospital is appropriate and which is likely to result in seri-
ous PHYSICAL harm [to himself or others. "Likelihood to result in seri-
ous harm" as used in this article shall mean:
1. substantial risk of physical harm to himself as manifested by
threats of or attempts at suicide or serious bodily harm or other
conduct demonstrating that he is dangerous to himself, 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] OR serious [physical] PSYCHIATRIC harm.
The director shall cause to be entered upon the hospital records the
name of the person or persons, if any, who have brought such person to
the hospital and the details of the circumstances leading to the hospi-
talization of such person.
The director shall admit such person pursuant to the provisions of
this section only if a staff physician of the hospital upon examination
of such person finds that such person qualifies under the requirements
of this section. Such person shall not be retained for a period of more
than forty-eight hours unless within such period such finding is
confirmed after examination by another physician who shall be a member
of the psychiatric staff of the hospital. Such person shall be served,
at the time of admission, with written notice of his OR HER status and
rights as a patient under this section. Such notice shall contain the
patient's name. At the same time, such notice shall also be given to the
mental hygiene legal service and personally or by mail to such person or
persons, not to exceed three in number, as may be designated in writing
to receive such notice by the person alleged to be mentally ill. If at
any time after admission, the patient, any relative, friend, or the
mental hygiene legal service gives notice to the director in writing of
request for court hearing on the question of need for immediate observa-
tion, care, and treatment, a hearing shall be held as herein provided as
soon as practicable but in any event not more than five days after such
request is received, except that the commencement of such hearing may be
adjourned at the request of the patient. It shall be the duty of the
director upon receiving notice of such request for hearing to forward
forthwith a copy of such notice with a record of the patient to the
supreme court or county court in the county where such hospital is
located. A copy of such notice and record shall also be given the mental
hygiene legal service. The court which receives such notice shall fix
the date of such hearing and cause the patient or other person request-
ing the hearing, the director, the mental hygiene legal service and such
other persons as the court may determine to be advised of such date.
Upon such date, or upon such other date to which the proceeding may be
S. 446 5
adjourned, the court shall hear testimony and examine the person alleged
to be mentally ill, if it be deemed advisable in or out of court, and
shall render a decision in writing that there is reasonable cause to
believe that the patient has a mental illness for which immediate inpa-
tient care and treatment in a hospital is appropriate and which is like-
ly to result in serious PHYSICAL harm [to himself or others] OR SERIOUS
PSYCHIATRIC HARM. If it be determined that there is such reasonable
cause, the court shall forthwith issue an order authorizing the
retention of such patient for any such purpose or purposes in the hospi-
tal for a period not to exceed fifteen days from the date of admission.
Any such order entered by the court shall not be deemed to be an adjudi-
cation that the patient is mentally ill, but only a determination that
there is reasonable cause to retain the patient for the purposes of this
section.
§ 5. Subdivisions (a) and (b) of section 9.40 of the mental hygiene
law, as added by chapter 723 of the laws of 1989, are amended to read as
follows:
(a) The director of any comprehensive psychiatric emergency program
may receive and retain therein for a period not to exceed seventy-two
hours, any person alleged to have a mental illness for which immediate
observation, care and treatment in such program is appropriate and which
is likely to result in serious PHYSICAL harm [to the person] or [others]
SERIOUS PSYCHIATRIC HARM. The director shall cause to be entered upon
the program records the name of the person or persons, if any, who have
brought the person alleged to have a mental illness to the program and
the details of the circumstances leading the person or persons to bring
the person alleged to have a mental illness to the program.
(b) The director shall cause examination of such persons to be initi-
ated by a staff physician of the program as soon as practicable and in
any event within six hours after the person is received into the
program's emergency room. Such person may be retained for observation,
care and treatment and further examination for up to twenty-four hours
if, at the conclusion of such examination, such physician determines
that such person may have a mental illness for which immediate observa-
tion, care and treatment in a comprehensive psychiatric emergency
program is appropriate, and which is likely to result in serious PHYS-
ICAL harm [to the person] or [others] SERIOUS PSYCHIATRIC HARM.
§ 6. Section 9.41 of the mental hygiene law, as amended by chapter 723
of the laws of 1989, is amended to read as follows:
§ 9.41 Emergency admissions for immediate observation, care, and treat-
ment; powers of certain peace officers and police officers.
Any peace officer, when acting pursuant to his or her special duties,
or police officer who is a member of the state police or of an author-
ized police department or force or of a sheriff's department may take
into custody any person who appears to be mentally ill and is conducting
himself or herself in a manner which is likely to result in serious
PHYSICAL harm [to the person or others]. Such officer may direct the
removal of such person or remove him or her to any hospital specified in
subdivision (a) of section 9.39 or any comprehensive psychiatric emer-
gency program specified in subdivision (a) of section 9.40, or, pending
his or her examination or admission to any such hospital or program,
temporarily detain any such person in another safe and comfortable
place, in which event, such officer shall immediately notify the direc-
tor of community services or, if there be none, the health officer of
the city or county of such action.
S. 446 6
§ 7. Section 9.41 of the mental hygiene law, as amended by chapter 843
of the laws of 1980, is amended to read as follows:
§ 9.41 Emergency admissions for immediate observation, care, and treat-
ment; powers of certain peace officers and police officers.
Any peace officer, when acting pursuant to his OR HER special duties,
or police officer who is a member of the state police or of an author-
ized police department or force or of a sheriff's department may take
into custody any person who appears to be mentally ill and is conducting
himself OR HERSELF in a manner which is likely to result in serious
[harm to himself or others. "Likelihood to result in serious harm"
shall mean (1) substantial risk of physical harm to himself as mani-
fested by threats of or attempts at suicide or serious bodily harm or
other conduct demonstrating that he is dangerous to himself, 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. Such officer may direct the
removal of such person or remove him OR HER to any hospital specified in
subdivision (a) of section 9.39 or, pending his OR HER examination or
admission to any such hospital, temporarily detain any such person in
another safe and comfortable place, in which event, such officer shall
immediately notify the director of community services or, if there be
none, the health officer of the city or county of such action.
§ 8. Section 9.43 of the mental hygiene law, as amended by chapter 723
of the laws of 1989, is amended to read as follows:
§ 9.43 Emergency admissions for immediate observation, care, and treat-
ment; powers of courts.
(a) Whenever any court of inferior or general jurisdiction is informed
by verified statement that a person is apparently mentally ill and is
conducting himself or herself in a manner which in a person who is not
mentally ill would be deemed disorderly conduct or which is likely to
result in serious PHYSICAL harm [to himself or herself], such court
shall issue a warrant directing that such person be brought before it.
If, when said person is brought before the court, it appears to the
court, on the basis of evidence presented to it, that such person has or
may have a mental illness which is likely to result in serious PHYSICAL
harm [to himself or herself or others], the court shall issue a civil
order directing his or her removal to any hospital specified in subdivi-
sion (a) of section 9.39 or any comprehensive psychiatric emergency
program specified in subdivision (a) of section 9.40, willing to receive
such person for a determination by the director of such hospital or
program whether such person should be retained therein pursuant to such
section.
(b) Whenever a person before a court in a criminal action appears to
have a mental illness which is likely to result in serious PHYSICAL harm
[to himself or herself or others] and the court determines either that
the crime has not been committed or that there is not sufficient cause
to believe that such person is guilty thereof, the court may issue a
civil order as above provided, and in such cases the criminal action
shall terminate.
§ 9. Section 9.43 of the mental hygiene law, as renumbered by chapter
978 of the laws of 1977, is amended to read as follows:
§ 9.43 Emergency admissions for immediate observation, care, and treat-
ment; powers of courts.
(a) Whenever any court of inferior or general jurisdiction is informed
by verified statement that a person is apparently mentally ill and is
conducting himself OR HERSELF in a manner which in a person who is not
S. 446 7
mentally ill would be deemed disorderly conduct or which is likely to
result in serious PHYSICAL harm [to himself or others as defined in
section 31.39], such court shall issue a warrant directing that such
person be brought before it. If, when said person is brought before the
court, it appears to the court, on the basis of evidence presented to
it, that such person has or may have a mental illness which is likely to
result in serious PHYSICAL harm [to himself or others], the court shall
issue a civil order directing his OR HER removal to any hospital speci-
fied in subdivision (a) of section [31.39] 9.39 OF THIS ARTICLE willing
to receive such person for a determination by the director of such
hospital whether such person should be retained therein pursuant to such
section.
(b) Whenever a person before a court in a criminal action appears to
have a mental illness which is likely to result in serious PHYSICAL harm
[to himself or others] and the court determines either that the crime
has not been committed or that there is not sufficient cause to believe
that such person is guilty thereof, the court may issue a civil order as
above provided, and in such cases the criminal action shall terminate.
§ 10. Section 9.45 of the mental hygiene law, as amended by chapter
723 of the laws of 1989, the opening paragraph as amended by chapter 192
of the laws of 2005, is amended to read as follows:
§ 9.45 Emergency admissions for immediate observation, care, and treat-
ment; powers of directors of community services.
The director of community services or the director's designee shall
have the power to direct the removal of any person, within his or her
jurisdiction, 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 pursuant to subdivision (a) of section
9.40 of this article, if the parent, adult sibling, spouse or child of
the person, the committee or legal guardian of the person, a licensed
psychologist, registered professional nurse or certified social worker
currently responsible for providing treatment services to the person, a
supportive or intensive case manager currently assigned to the person by
a case management program which program is approved by the office of
mental health for the purpose of reporting under this section, a
licensed physician, health officer, peace officer or police officer
reports to him or her that such person has a mental illness for which
immediate care and treatment in a hospital is appropriate and which is
likely to result in serious PHYSICAL harm [to himself] or [herself or
others] SERIOUS PSYCHIATRIC HARM. It shall be the duty of peace offi-
cers, 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 assist representatives of such director to take
into custody and transport any such person. Upon the request of a direc-
tor of community services or the director's 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. Such
person may then be retained in a hospital pursuant to the provisions of
section 9.39 of this article or in a comprehensive psychiatric emergency
program pursuant to the provisions of section 9.40 of this article.
§ 11. Section 9.45 of the mental hygiene law, as amended by chapter
343 of the laws of 1985, is amended to read as follows:
§ 9.45 Emergency admissions for immediate observation, care, and treat-
ment; powers of directors of community services.
The director of community services or his OR HER designee shall have
the power to direct the removal of any person, within his OR HER juris-
S. 446 8
diction, to a hospital approved by the commissioner pursuant to subdivi-
sion (a) of section 9.39 of this article if the parent, spouse, or child
of the person, a licensed physician, health officer, peace officer or
police officer reports to him OR HER that such person has a mental
illness for which immediate care and treatment in a hospital is appro-
priate and which is likely to result in serious PHYSICAL harm [to
himself] or [others, as defined in section 9.39 of this article] SERIOUS
PSYCHIATRIC HARM. It shall be the duty of 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
assist representatives of such director to take into custody and trans-
port any such person. Upon the request of a director of community
services or his OR HER 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. Such person may then be
retained pursuant to the provisions of section 9.39 of this article.
§ 12. Section 9.55 of the mental hygiene law, as amended by chapter
598 of the laws of 1994, is amended to read as follows:
§ 9.55 Emergency admissions for immediate observation, care and treat-
ment; 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 subdivi-
sion (a) of section 9.39 of this article or to a comprehensive psychiat-
ric emergency program, if he or she determines upon examination of such
person that such person appears to have a mental illness for which imme-
diate observation, care and treatment in a hospital is appropriate and
which is likely to result in serious PHYSICAL harm [to himself or
herself] or [others] SERIOUS PSYCHIATRIC HARM. 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 hospi-
tal 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.
§ 13. Section 9.55 of the mental hygiene law, as amended by chapter
847 of the laws of 1987, is amended to read as follows:
§ 9.55 Emergency admissions for immediate observation, care and treat-
ment; 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 subdivi-
sion (a) of section 9.39 of this article, if he determines upon examina-
tion 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 PHYSICAL harm [to
himself] or [others, as defined in section 9.39 of this article] SERIOUS
PSYCHIATRIC HARM. Upon the request of such qualified psychiatrist, peace
S. 446 9
officers, when acting pursuant to their special duties, or police offi-
cers, 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.
§ 14. Section 9.57 of the mental hygiene law, as amended by chapter
598 of the laws of 1994, is amended to read as follows:
§ 9.57 Emergency admissions for immediate observation, care and treat-
ment; 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
PHYSICAL harm [to himself] or [others] SERIOUS PSYCHIATRIC HARM. 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 psychi-
atric emergency program in accordance with the provisions of section
9.40 of this article.
§ 15. Section 9.57 of the mental hygiene law, as amended by chapter
847 of the laws of 1987, is amended to read as follows:
§ 9.57 Emergency admissions for immediate observation, care and treat-
ment; 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 OR HER 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 exam-
ination 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 PHYSICAL harm [to himself] or
[others, as defined in section 9.39 of this article] SERIOUS PSYCHIATRIC
HARM. Upon the request of the physician, the director of the hospital or
his OR HER designee, is authorized to direct peace officers, when acting
pursuant to their special duties, or police officers, who are members of
S. 446 10
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 OR HER
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.
§ 16. Subdivision (a) of section 9.58 of the mental hygiene law, as
added by chapter 678 of the laws of 1994, is amended to read as follows:
(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 to a hospital approved by the commissioner pursu-
ant to subdivision (a) of section 9.39 or section 31.27 of this chapter
for the purpose of evaluation for admission if such person appears to be
mentally ill and is conducting himself or herself in a manner which is
likely to result in serious PHYSICAL harm [to the person] or [others]
SERIOUS PSYCHIATRIC HARM.
§ 17. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that:
(a) the amendments to subdivision (a) of section 9.37 of the mental
hygiene law made by section two of this act shall not affect the expira-
tion of such subdivision and shall expire therewith, when upon such date
section three of this act shall take effect;
(b) the amendments to section 9.40 of the mental hygiene law made by
section five of this act shall not affect the repeal of such section and
shall be deemed repealed therewith;
(c) the amendments to section 9.41 of the mental hygiene law made by
section six of this act shall not affect the expiration of such section
and shall expire therewith, when upon such date section seven of this
act shall take effect;
(d) the amendments to section 9.43 of the mental hygiene law made by
section eight of this act shall not affect the expiration of such
section and shall expire therewith, when upon such date section nine of
this act shall take effect;
(e) the amendments to section 9.45 of the mental hygiene law made by
section ten of this act shall not affect the expiration of such section
and shall expire therewith, when upon such date, section eleven of this
act shall take effect;
(f) the amendments to section 9.55 of the mental hygiene law made by
section twelve of this act shall not affect the expiration of such
section and shall expire therewith, when upon such date section thirteen
of this act shall take effect; and
(g) the amendments to section 9.57 of the mental hygiene law made by
section fourteen of this act shall not affect the expiration of such
section and shall expire therewith, when upon such date section fifteen
of this act shall take effect.
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