Assembly Bill A2518

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2518
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2025
                                ___________
 
 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] SUCH DIRECTOR'S jurisdiction, to a hospital approved by the commis-
 sioner 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 certi-
 fied   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] SUCH DIRECTOR that such person
 has a mental illness for which immediate care and treatment is appropri-
 ate  and  which  is  likely  to  result  in  serious harm to [himself or
 herself] SUCH PERSON 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  sher-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06085-01-5
              

 A. 2518                             2
 
 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  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 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.
   (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] SUCH DIRECTOR'S designee
 shall have the power to direct the removal of any person,  within  [his]
 SUCH DIRECTOR'S 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] SUCH DIRECTOR
 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 author-
 ized 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
 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 DESIGNEE.  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.