S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6396
 
                        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
 
 AN  ACT  to  amend  the  mental  hygiene law, in relation to providing a
   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
 police department or force or of a sheriff's department to assist repre-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05339-01-1

 A. 6396                             2
 
 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 OR THE POLICE OFFICER OR PEACE OFFICER ON  SCENE  an
 ambulance  service, as defined in subdivision two of section three thou-
 sand 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 psychi-
 atric 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 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  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 OR THE POLICE OFFICER OR PEACE  OFFI-
 CER  ON  SCENE  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.
   § 3. This act shall take effect immediately, provided,  however,  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.

                            
 
                     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.