Section 9.45. Emergency admissions for immediate observation, care, and treatment; powers of directors of community services  


Latest version.
  • The director of community services or the  director's  designee  shall
      have  the  power  to direct the removal of any person, within his or her
      jurisdiction, 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 pursuant to  subdivision  (a)  of  section
      9.40  of  this article, if the parent, adult sibling, spouse or child of
      the person, the committee or legal guardian of the  person,  a  licensed
      psychologist,  registered  professional nurse or certified social worker
      currently responsible for providing treatment services to the person,  a
      supportive or intensive case manager currently assigned to the person by
      a  case  management  program  which program is approved by the office of
      mental health for  the  purpose  of  reporting  under  this  section,  a
      licensed  physician,  health  officer,  peace  officer or police officer
      reports to him or her that such person has 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  herself  or  others.  It
      shall  be  the  duty  of  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 assist
      representatives of such director to take into custody and transport  any
      such person. Upon the request of a director of community services or the
      director's  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.  Such  person  may  then  be  retained  in  a
      hospital  pursuant  to the provisions of section 9.39 of this article or
      in  a  comprehensive  psychiatric  emergency  program  pursuant  to  the
      provisions of section 9.40 of this article.
        * NB Effective until July 1, 2012