Involuntary admission by a director of community services

From NYS Mental Hygiene Law (Article 9)

S  9.37  Involuntary admission on certificate of a director of community services or his designee.

(a)  The  director of a hospital, upon application by a director of community services or an examining physician duly designated by  him  or her,  may  receive and care for in such hospital as a patient any person who, in the opinion  of  the  director  of  community  services  or  the director`s  designee, has a mental illness for which immediate inpatient care and treatment in a hospital is appropriate and which is  likely  to result in serious harm to himself or herself or others.  The  need  for immediate hospitalization shall be confirmed by a staff physician of the hospital prior to admission. Within seventy-two  hours, excluding  Sunday and holidays, after such admission, if such patient is to be retained for care and treatment beyond such time  and  he  or  she does  not  agree  to remain in such hospital as a voluntary patient, the certificate of another examining  physician  who  is  a  member  of  the psychiatric  staff  of  the  hospital  that  the  patient  is in need of involuntary care and treatment shall be filed with  the  hospital.  From the  time  of  his  or her admission under this section the retention of such patient for care and treatment shall be subject to  the  provisions for   notice,  hearing,  review,  and  judicial  approval  of  continued retention or transfer and continued retention provided by  this  article for  the admission and retention of involuntary patients, provided that, for the purposes of such  provisions,  the  date  of  admission  of  the patient  shall  be  deemed  to  be  the  date when the patient was first received in the hospital under this section.

NB Effective until 00/07/01

(a)  The  director of a hospital, upon application by a director of community services or an examining physician duly designated by him, may receive  and  care  for in such hospital as a patient any person who, in the opinion of the director of community services or his designee, has a mental  illness  for  which  immediate inpatient care and treatment in a hospital is appropriate and which is likely to result in serious harm to himself or others; “likelihood of serious harm” shall mean:

1.  substantial  risk  of  physical  harm  to himself as manifested by threats of or attempts at  suicide  or  serious  bodily  harm  or  other conduct demonstrating that he is dangerous to himself, or

 2.  a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which  others  are  placed  in reasonable fear or serious physical harm.

The  need  for immediate hospitalization shall be confirmed by a staff physician of the hospital prior to admission. Within seventy-two  hours, excluding  Sunday and holidays, after such admission, if such patient is to be retained for care and treatment beyond such time and he  does  not agree to remain in such hospital as a voluntary patient, the certificate of another examining physician who is a member of the psychiatric  staff of  the  hospital  that  the  patient is in need of involuntary care and treatment shall be filed  with  the  hospital.  From  the  time  of  his admission  under this section the retention of such patient for care and treatment shall be  subject  to  the  provisions  for  notice,  hearing, review,  and  judicial  approval  of continued retention or transfer and continued retention provided by  this  article  for  the  admission  and retention  of  involuntary  patients, provided that, for the purposes of such provisions, the date of admission of the patient shall be deemed to be  the  date  when the patient was first received in the hospital under this section.

NB Effective 00/07/01

(b)  The  application  for  admission  of  a  patient pursuant to this section shall be based upon a personal  examination  by  a  director  of community  services or his designee. It shall be in writing and shall be filed with the director of such hospital at the time  of  the  patient`s reception,  together  with  a  statement  in  a  form  prescribed by the commissioner giving such information as he may deem appropriate. 

c Notwithstanding the provisions of subdivision (b) of this section, in counties with a population of  less  than  two  hundred  thousand,  a director  of  community services who is a licensed psychologist pursuant to article one hundred fifty-three of the education law or  a  certified social  worker  pursuant  to  article  one  hundred  fifty-four  of  the education law but who is not a physician may apply for the admission  of a  patient  pursuant  to this section without a medical examination by a designated  physician,  if  a  hospital  approved  by  the  commissioner pursuant  to  section  9.39 of this chapter is not located within thirty miles of the patient, and the director of community services has made  a reasonable  effort to locate a designated examining physician but such a designee is not immediately available  and  the  director  of  community services,  after personal observation of the person, reasonably believes that he may have a mental illness which is likely to result  in  serious harm  to  himself  or  others  and  inpatient care and treatment of such person in a hospital may be appropriate. In the event of an  application pursuant  to  this  subdivision,  a  physician of the receiving hospital shall examine the patient and shall not admit the patient unless  he  or she determines that the patient has a mental illness for which immediate inpatient care and treatment in a hospital is appropriate and  which  is likely to result in serious harm to himself or others. If the patient is admitted, the need for hospitalization shall  be  confirmed  by  another staff  physician  within  twenty-four  hours. An application pursuant to this subdivision shall be  in  writing  and  shall  be  filed  with  the director  of  such  hospital  at  the  time  of the patient`s reception, together with a statement in  a  form  prescribed  by  the  commissioner giving  such  information  as  he  may  deem  appropriate,  including  a statement of the efforts made by the director of community  services  to locate  a  designated examining physician prior to making an application pursuant to this subdivision.

(d)  After signing the application, the director of community services or the director`s designee shall be authorized  and  empowered  to  take into custody, detain, transport, and provide temporary care for any such person. Upon the written request of  such  director  or  the  director`s designee it shall be the duty of peace officers, when acting pursuant to their special duties, or police officers who are members  of  the  state police  or of an authorized police department or force or of a sheriff`s department to take  into  custody  and  transport  any  such  person  as requested  and  directed  by such director or designee. Upon the written request of such director or 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.

 (e)  Reasonable  expenses incurred by the director of community mental hygiene services or his designee for the examination and temporary  care of  the patient and his transportation to and from the hospital shall be a charge upon the county from which the patient was admitted  and  shall be paid from any funds available for such purposes.

 (f) The provisions of this section shall not be applicable to continue any patient in a hospital who has already been admitted to the  hospital under this or any other section of this article.

(g)  If  a  person  is examined and determined to be mentally ill the fact that such person suffers from alcohol or substance abuse shall  not preclude commitment under this section. (Posted 2/1999)

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