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This entry was published on 2021-10-08
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SECTION 9.45
Emergency assessment for immediate observation, care, and treatment; powers of directors of community services
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 9
* § 9.45 Emergency assessment for immediate observation, care, and

treatment; 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 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 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
emergency 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.

* NB Effective until July 1, 2024
* § 9.45 Emergency admissions for immediate observation, care, and

treatment; 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
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 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.

* NB Effective July 1, 2024