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This entry was published on 2014-09-22
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SECTION 9.01
Definitions
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 9
§ 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
appropriate.

"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 judgment is so impaired
that he is unable to understand the need for such care and treatment.

"likelihood to result in serious harm" or "likely to result in serious
harm" means (a) a substantial risk of physical harm to the person as
manifested by threats of or attempts at suicide or serious bodily harm
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
placed in reasonable fear of serious physical harm.

"need for retention" means that a person who has been admitted to a
hospital pursuant to this article is in need of involuntary care and
treatment in a hospital for a further period.

"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
medicine 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.