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This entry was published on 2020-04-17
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SECTION 9.37
Involuntary admission on certificate of a director of community services or his designee
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 9
§ 9.37 Involuntary admission on certificate of a director of community

services or his designee.

* (a) The director of a hospital, upon application by a director of
community services or an examining physician duly designated by him or
her, may receive and care for in such hospital as a patient any person
who, in the opinion of the director of community services or the
director's designee, has a mental illness for which immediate inpatient
care and treatment in a hospital is appropriate and which is likely to
result in serious harm to himself or herself or others.

The need for immediate hospitalization shall be confirmed by a staff
physician of the hospital prior to admission. Within seventy-two hours,
excluding Sunday and holidays, after such admission, if such patient is
to be retained for care and treatment beyond such time and he or she
does not agree to remain in such hospital as a voluntary patient, the
certificate of another examining physician who is a member of the
psychiatric staff of the hospital that the patient is in need of
involuntary care and treatment shall be filed with the hospital. From
the time of his or her admission under this section the retention of
such patient for care and treatment shall be subject to the provisions
for notice, hearing, review, and judicial approval of continued
retention or transfer and continued retention provided by this article
for the admission and retention of involuntary patients, provided that,
for the purposes of such provisions, the date of admission of the
patient shall be deemed to be the date when the patient was first
received in the hospital under this section.

* NB Effective until July 1, 2024

* (a) The director of a hospital, upon application by a director of
community services or an examining physician duly designated by him, may
receive and care for in such hospital as a patient any person who, in
the opinion of the director of community services or his designee, has a
mental illness for which immediate inpatient care and treatment in a
hospital is appropriate and which is likely to result in serious harm to
himself or others; "likelihood of serious harm" shall mean:

1. substantial risk of physical harm to himself as manifested by
threats of or attempts at suicide or serious bodily harm or other
conduct demonstrating that he is dangerous to himself, or

2. 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 or serious physical harm.

The need for immediate hospitalization shall be confirmed by a staff
physician of the hospital prior to admission. Within seventy-two hours,
excluding Sunday and holidays, after such admission, if such patient is
to be retained for care and treatment beyond such time and he does not
agree to remain in such hospital as a voluntary patient, the certificate
of another examining physician who is a member of the psychiatric staff
of the hospital that the patient is in need of involuntary care and
treatment shall be filed with the hospital. From the time of his
admission under this section the retention of such patient for care and
treatment shall be subject to the provisions for notice, hearing,
review, and judicial approval of continued retention or transfer and
continued retention provided by this article for the admission and
retention of involuntary patients, provided that, for the purposes of
such provisions, the date of admission of the patient shall be deemed to
be the date when the patient was first received in the hospital under
this section.

* NB Effective July 1, 2024

(b) The application for admission of a patient pursuant to this
section shall be based upon a personal examination by a director of
community services or his designee. It shall be in writing and shall be
filed with the director of such hospital at the time of the patient's
reception, together with a statement in a form prescribed by the
commissioner giving such information as he may deem appropriate.

(c) Notwithstanding the provisions of subdivision (b) of this section,
in counties with a population of less than two hundred thousand, a
director of community services who is a licensed psychologist pursuant
to article one hundred fifty-three of the education law or a licensed
clinical social worker pursuant to article one hundred fifty-four of the
education law but who is not a physician may apply for the admission of
a patient pursuant to this section without a medical examination by a
designated physician, if a hospital approved by the commissioner
pursuant to section 9.39 of this article is not located within thirty
miles of the patient, and the director of community services has made a
reasonable effort to locate a designated examining physician but such a
designee is not immediately available and the director of community
services, after personal observation of the person, reasonably believes
that he may have a mental illness which is likely to result in serious
harm to himself or others and inpatient care and treatment of such
person in a hospital may be appropriate. In the event of an application
pursuant to this subdivision, a physician of the receiving hospital
shall examine the patient and shall not admit the patient unless he or
she determines that the patient has a mental illness for which immediate
inpatient care and treatment in a hospital is appropriate and which is
likely to result in serious harm to himself or others. If the patient is
admitted, the need for hospitalization shall be confirmed by another
staff physician within twenty-four hours. An application pursuant to
this subdivision shall be in writing and shall be filed with the
director of such hospital at the time of the patient's reception,
together with a statement in a form prescribed by the commissioner
giving such information as he may deem appropriate, including a
statement of the efforts made by the director of community services to
locate a designated examining physician prior to making an application
pursuant to this subdivision.

(d) After signing the application, the director of community services
or the director's designee shall be authorized and empowered to take
into custody, detain, transport, and provide temporary care for any such
person. Upon the written request of such director or the director's
designee it shall be the duty of peace officers, when acting pursuant to
their special duties, or police officers who are members of the state
police or of an authorized police department or force or of a sheriff's
department to take into custody and transport any such person as
requested and directed by such director or designee. Upon the written
request of such director or designee, 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.

(e) Reasonable expenses incurred by the director of community mental
hygiene services or his designee for the examination and temporary care
of the patient and his transportation to and from the hospital shall be
a charge upon the county from which the patient was admitted and shall
be paid from any funds available for such purposes.

(f) The provisions of this section shall not be applicable to continue
any patient in a hospital who has already been admitted to the hospital
under this or any other section of this article.

(g) If a person is examined and determined to be mentally ill the fact
that such person suffers from alcohol or substance abuse shall not
preclude commitment under this section.