S T A T E O F N E W Y O R K
________________________________________________________________________
6396--A
2021-2022 Regular Sessions
I N A S S E M B L Y
March 17, 2021
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Mental Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to providing an
authorized police officer or peace officer the ability to request
ambulance service
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 9.45 of the mental hygiene law, as amended by chap-
ter 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 harm to himself or herself or others. It
shall be the duty of peace officers, when acting pursuant to their
special duties, or police officers, who are members of an authorized
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05339-03-1
A. 6396--A 2
police department or force or of a sheriff's department to assist repre-
sentatives of such director to take into custody and transport any such
person. [Upon the request of a director of community services or the
director's designee an] AN ambulance service, as defined in subdivision
two of section three thousand one of the public health law, is author-
ized to transport any such person UPON REQUEST OF A DIRECTOR OF COMMUNI-
TY SERVICES, THE DIRECTOR'S DESIGNEE, A PEACE OFFICER ACTING PURSUANT TO
THEIR SPECIAL DUTIES OR AN AUTHORIZED POLICE OFFICER ON BEHALF OF THE
DIRECTOR OF COMMUNITY SERVICES OR THE DIRECTOR'S DESIGNEE. 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.
§ 2. Section 9.45 of the mental hygiene law, as amended by section 6
of part AA of chapter 57 of the laws of 2021, is amended to read as
follows:
§ 9.45 Emergency assessment for immediate observation, care, and treat-
ment; powers of directors of community services.
(a) 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 is appropriate and which is likely to
result in serious harm to himself or herself or others. 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 transport any such person. [Upon the
request of a director of community services or the director's designee
an] 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 UPON REQUEST OF A DIRECTOR OF COMMUNITY SERVICES, THE DIREC-
TOR'S DESIGNEE, A PEACE OFFICER ACTING PURSUANT TO THEIR SPECIAL DUTIES
OR AN AUTHORIZED POLICE OFFICER ON BEHALF OF THE DIRECTOR OF COMMUNITY
SERVICES OR THE DIRECTOR'S DESIGNEE. 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.
(b) A person otherwise determined to meet the criteria for an emergen-
cy assessment pursuant to this section may voluntarily agree to be
transported to a crisis stabilization center under section 36.01 of this
chapter for care and treatment and, in accordance with this article, an
assessment by the crisis stabilization center determines that they are
able to meet the service needs of the person.
§ 3. Section 9.45 of the mental hygiene law, as amended by chapter 343
of the laws of 1985, is amended to read as follows:
A. 6396--A 3
§ 9.45 Emergency admissions for immediate observation, care, and treat-
ment; powers of directors of community services.
The director of community services or his designee shall have the
power to direct the removal of any person, within his jurisdiction, to a
hospital approved by the commissioner pursuant to subdivision (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 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 harm to himself or others, as defined in
section 9.39 of this article. 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 sher-
iff's department to assist representatives of such director to take into
custody and transport any such person. [Upon the request of a director
of community services or his designee an] 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 UPON REQUEST OF A
DIRECTOR OF COMMUNITY SERVICES, THE DIRECTOR'S DESIGNEE, A PEACE OFFICER
ACTING PURSUANT TO THEIR SPECIAL DUTIES OR AN AUTHORIZED POLICE OFFICER
ON BEHALF OF THE DIRECTOR OF COMMUNITY SERVICES OR THE DIRECTOR'S DESIG-
NEE. Such person may then be retained pursuant to the provisions of
section 9.39 of this article.
§ 4. This act shall take effect immediately, provided, however, that
section two of this act shall take effect on the same date and in the
same manner as section 6 of part AA of chapter 57 of the laws of 2021.
Provided, further, that the amendments to section 9.45 of the mental
hygiene law made by section one of this act shall be subject to the
expiration and reversion of such section pursuant to chapter 723 of the
laws of 1989, as amended, when upon such date the provisions of section
two of this act shall take effect. Provided further, that the amend-
ments to section 9.45 of the mental hygiene law made by section two of
this act shall be subject to the expiration and reversion of such
section pursuant to chapter 723 of the laws of 1989, as amended, when
upon such date the provisions of section three of this act shall take
effect.