Emergency Commitments

From Article 9 of NYS Mental Hygiene Law

S  9.39   Emergency  admissions  for  immediate  observation,  care, and treatment.

(a)   The  director  of  any  hospital  maintaining adequate staff and facilities for the observation,  examination,  care,  and  treatment  of persons  alleged  to be mentally ill and approved by the commissioner to receive and retain patients pursuant to this  section  may  receive  and retain  therein  as  a  patient  for a period of fifteen days any person alleged 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.  “Likelihood to result in  serious harm” as used in this article 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 of serious physical harm.

The  director  shall cause to be entered upon the hospital records the name of the person or persons, if any, who have brought such  person  to the  hospital  and  the  details  of  the  circumstances  leading to the hospitalization of such person.

The  director  shall  admit  such person pursuant to the provisions of this section only if a staff physician of the hospital upon  examination of  such  person finds that such person qualifies under the requirements of this section.  Such person shall not be retained for a period of more than  forty-eight  hours  unless  within  such  period  such  finding is confirmed after examination by another physician who shall be  a  member of  the psychiatric staff of the hospital.  Such person shall be served, at the time of admission, with written notice of his status  and  rights as  a  patient  under  this  section.   Such  notice  shall  contain the patient`s name.

 At the same time, such notice shall also  be  given  to the  mental  hygiene  legal  service  and  personally or by mail to such person or persons, not to exceed three in number, as may  be  designated in  writing  to receive such notice by the person alleged to be mentally ill.  If at any time after admission, the patient, any relative, friend, or  the  mental  hygiene  legal  service gives notice to the director in writing of request for  court  hearing  on  the  question  of  need  for immediate  observation,  care, and treatment, a hearing shall be held as herein provided as soon as practicable but in any event  not  more  than five  days  after such request is received, except that the commencement of such hearing may be adjourned at the  request  of  the  patient. 

 It shall  be the duty of the director upon receiving notice of such request for hearing to forward forthwith a copy of such notice with a record  of the  patient  to  the  supreme court or county court in the county where such hospital is located.  A copy of such notice and record  shall  also be  given  the  mental  hygiene legal service.  The court which receives such notice shall fix the date of such hearing and cause the patient  or other  person  requesting  the hearing, the director, the mental hygiene legal service and such other persons as the court may  determine  to  be advised  of  such date. Upon such date, or upon such other date to which the proceeding may be adjourned, the  court  shall  hear  testimony  and examine the person alleged to be mentally ill, if it be deemed advisable in or out of court, and shall render a decision in writing that there is reasonable  cause  to  believe 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 it be determined that there is  such  reasonable  cause,  the court  shall  forthwith issue an order authorizing the retention of such patient for any such purpose or purposes in the hospital  for  a  period not  to  exceed fifteen days from the date of admission. 

Any such order entered by the court shall not be deemed to be an adjudication that  the patient  is  mentally  ill,  but  only  a  determination  that  there is reasonable cause to retain the patient for the purposes of this section.  (b)    Within   fifteen   days  of  arrival  at  the  hospital,  if  a determination is made that the person is not in need of involuntary care and  treatment,  he  shall be discharged unless he agrees to remain as a voluntary or informal patient.  If he is in need of involuntary care and treatment  and  does  not  agree  to  remain  as a voluntary or informal patient, he may be retained beyond  such  fifteen  day  period  only  by admission  to  such hospital or another appropriate hospital pursuant to the provisions governing involuntary admission on application  supported by  medical  certification  and  subject  to  the provisions for notice, hearing, review, and judicial approval  of  retention  or  transfer  and retention  governing such admissions, 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 under this section.  If a hearing has been requested pursuant to the provisions  of  subdivision (a),  the  filing of an application for involuntary admission on medical certification shall not delay or prevent the holding of the hearing.

(c)   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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