Section 9.57. Emergency admissions for immediate observation, care and treatment; powers of emergency room physicians  


Latest version.
  • A physician who has examined a person in an emergency room or provided
      emergency medical services at a general hospital, as defined in  article
      twenty-eight  of the public health law, which does not have an inpatient
      psychiatric service, or a physician who  has  examined  a  person  in  a
      comprehensive  psychiatric  emergency  program  shall  be  authorized to
      request that the director of the program or hospital, or the  director's
      designee,  direct  the  removal of such person 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 the
      physician determines upon examination of such person  that  such  person
      appears  to have 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  others.  Upon  the  request of the physician, the
      director of the program or  hospital  or  the  director's  designee,  is
      authorized  to  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 such person. Upon the request of an  emergency
      room  physician  or  the  director  of  the  program or hospital, or the
      director's designee, an ambulance service, as defined by subdivision two
      of section three thousand one of the public health law, is authorized to
      take into custody and 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