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This entry was published on 2020-04-17
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SECTION 9.55
Emergency admissions for immediate observation, care and treatment; powers of qualified psychiatrists
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 9
* § 9.55 Emergency admissions for immediate observation, care and

treatment; powers of qualified psychiatrists.

A qualified psychiatrist shall have the power to direct the removal of
any person, whose treatment for a mental illness he or she is either
supervising or providing in a facility licensed or operated by the
office of mental health which does not have an inpatient psychiatric
service, 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, if he or she determines upon examination
of such person that such person appears to have a mental illness for
which immediate observation, care and treatment in a hospital is
appropriate and which is likely to result in serious harm to himself or
herself or others. Upon the request of such qualified psychiatrist,
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 shall take into custody and transport any such
person. Upon the request of a qualified psychiatrist an ambulance
service, as defined by subdivision two of section three thousand one of
the public health law, is authorized to transport any such person. Such
person may then be admitted to a hospital in accordance with the
provisions of section 9.39 of this article or to a comprehensive
psychiatric emergency program in accordance with the provisions of
section 9.40 of this article.

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

treatment; powers of qualified psychiatrists.

A qualified psychiatrist shall have the power to direct the removal of
any person, whose treatment for a mental illness he is either
supervising or providing in a facility licensed or operated by the
office of mental health which does not have an inpatient psychiatric
service, to a hospital approved by the commissioner pursuant to
subdivision (a) of section 9.39 of this article, if he determines upon
examination of such person that such person appears to have a mental
illness for which immediate observation, 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. Upon the
request of such qualified psychiatrist, 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
shall take into custody and transport any such person. Upon the request
of a qualified psychiatrist an ambulance service, as defined by
subdivision two of section three thousand one of the public health law,
is authorized to transport any such person. Such person may then be
admitted in accordance with the provisions of section 9.39 of this
article.

* NB Effective July 1, 2024