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This entry was published on 2020-04-17
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SECTION 9.57
Emergency admissions for immediate observation, care and treatment; powers of emergency room physicians
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 9
* § 9.57 Emergency admissions for immediate observation, care and

treatment; powers of emergency room physicians.

A physician who has examined a person in an emergency room or provided
emergency medical services at a general hospital, as defined in article
twenty-eight of the public health law, which does not have an inpatient
psychiatric service, or a physician who has examined a person in a
comprehensive psychiatric emergency program shall be authorized to
request that the director of the program or hospital, or the director's
designee, direct the removal of such person 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 the
physician determines upon examination of such person that such person
appears to have 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. Upon the request of the physician, the
director of the program or hospital or the director's designee, is
authorized to direct 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 take into
custody and transport any such person. Upon the request of an emergency
room physician or the director of the program or hospital, or the
director's designee, an ambulance service, as defined by subdivision two
of section three thousand one of the public health law, is authorized to
take into custody and 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
* § 9.57 Emergency admissions for immediate observation, care and

treatment; powers of emergency room physicians.

A physician who has examined a person in an emergency room or provided
emergency medical services at a general hospital, as defined in article
twenty-eight of the public health law, which does not have an inpatient
psychiatric service, shall be authorized to request that the director of
the hospital, or his designee, direct the removal of such person to a
hospital approved by the commissioner pursuant to subdivision (a) of
section 9.39 of this article, if the physician determines upon
examination of such person that such person appears to have 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. Upon the request of
the physician, the director of the hospital or his designee, is
authorized to direct 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 take into
custody and transport any such person. Upon the request of an emergency
room physician or the director of the hospital, or his designee, an
ambulance service, as defined by subdivision two of section three
thousand one of the public health law, is authorized to take into
custody and 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