S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3235
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 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 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
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05282-01-3
              

 A. 3235                             2
 
 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.
   § 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  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.
   § 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.