* § 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.

** NB Effective until August 7, 2025

** (a) The director of community services or the director's designee
shall have the power to direct the removal of any person, within their
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, domestic
partner as defined in section twenty-nine hundred ninety-four-a of the
public health law 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 the director of community
services or the director's designee that such person has a mental
illness for which immediate care and treatment is appropriate and that
is likely to result in serious harm to self 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.

** NB Effective August 7, 2025

(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, 2027
* § 9.45 Emergency admissions for immediate observation, care, and

treatment; powers of directors of community services.

The director of community services or the director's designee shall
have the power to direct the removal of any person, within their
jurisdiction, to a hospital approved by the commissioner pursuant to
subdivision (a) of section 9.39 of this article if the parent, spouse,
domestic partner as defined in section twenty-nine hundred ninety-four-a
of the public health law or child of the person, a licensed physician,
health officer, peace officer or police officer reports to such director
of community services or the director's designee 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 self 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 their 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, 2027