Section 9.55. Emergency admissions for immediate observation, care and treatment; powers of qualified psychiatrists  


Latest version.
  • A qualified psychiatrist shall have the power to direct the removal of
      any person, whose treatment for a mental illness he  or  she  is  either
      supervising  or  providing  in  a  facility  licensed or operated by the
      office of mental health which does not  have  an  inpatient  psychiatric
      service,  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 he or she determines upon examination
      of such person that such person appears 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
      herself  or  others.  Upon  the  request of such qualified psychiatrist,
      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 shall take into custody and transport any such
      person.  Upon  the  request  of  a  qualified  psychiatrist an ambulance
      service, as defined by subdivision two of section three thousand one  of
      the  public health law, is authorized to 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, 2012