§ 9.58 Transport for evaluation; powers of approved mobile crisis

outreach teams.

(a) A physician or qualified mental health professional who is a
member of an approved mobile crisis outreach team shall have the power
to remove, or pursuant to subdivision (b) of this section, to direct the
removal of any person who appears to be mentally ill and is conducting
themselves in a manner which is likely to result in serious harm to
themselves or others, to a hospital approved by the commissioner
pursuant to subdivision (a) of section 9.39 or section 31.27 of this
chapter or where the team physician or qualified mental health
professional deems appropriate and where the person voluntarily agrees,
to a crisis stabilization center specified in section 36.01 of this
chapter.

(b) If the team physician or qualified mental health professional
determines that it is necessary to effectuate transport, he or she shall
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 persons identified in subdivision (a) of this section. Upon the
request of such physician or qualified mental health professional, an
ambulance service, as defined in subdivision two of section three
thousand one of the public health law, is authorized to transport any
such persons. Such persons may then be evaluated for admission in
accordance with the provisions of section 9.27, 9.39, 9.40 or other
sections of this article, provided that such admission decisions shall
be made independent of the fact that the person was transported pursuant
to the provisions of this section and, provided further, such transport
shall not create a presumption that the person should be involuntarily
admitted to a hospital.

(c) The commissioner shall be authorized to develop standards, in
consultation with the commissioner of the division of criminal justice
services, relating to the training requirements of teams established
pursuant to this section. Such training shall, at a minimum, help to
ensure that the provision of crisis and emergency services are provided
in a manner which protects the health and safety and respects the
individual needs and rights of persons being evaluated or transported
pursuant to this section.

(d) As used in this section:

(1) "Approved mobile crisis outreach team" shall mean a team of
persons operating as part of a mobile crisis outreach program approved
by the commissioner of mental health, which may include mobile crisis
outreach teams funded pursuant to section 41.55 of this chapter.

(2) "Qualified mental health professional" shall mean a licensed
psychologist, registered professional nurse, licensed clinical social
worker or a licensed master social worker under the supervision of a
physician, psychologist or licensed clinical social worker.