Bill Text: NY S00976 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides for the emergency or involuntary admission of persons with mental illness when there is a risk of serious physical harm or serious psychiatric harm.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2019-01-09 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S00976 Detail]

Download: New_York-2019-S00976-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           976
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
                                       ___________
        Introduced  by  Sens.  YOUNG, RITCHIE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Mental Health and
          Developmental Disabilities
        AN ACT to amend the mental hygiene law, in relation to  involuntary  and
          emergency admissions of the mentally ill
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 9.01 of the mental hygiene law, as amended by chap-
     2  ter 723 of the laws of  1989,  the  seventh  undesignated  paragraph  as
     3  amended  by  chapter  595  of  the  laws  of 2000, is amended to read as
     4  follows:
     5  § 9.01 Definitions.
     6    As used in this article:
     7    "in need of care and treatment" means  that  a  person  has  a  mental
     8  illness  for which in-patient care and treatment in a hospital is appro-
     9  priate.
    10    "in need of involuntary care and treatment" means that a person has  a
    11  mental  illness  for which care and treatment as a patient in a hospital
    12  is essential to such person's welfare and [whose] which so  impairs  the
    13  person's  judgment  [is  so impaired] that he or she is unable to under-
    14  stand the need for such care and treatment.
    15    ["likelihood to result in serious harm" or] "likely to result in seri-
    16  ous physical harm" means [(a)] posing a substantial risk of : (a)  seri-
    17  ous  physical harm to the person as manifested by threats of or attempts
    18  at suicide or serious bodily harm, conduct demonstrating that the person
    19  is unable to meet his or her needs for nourishment, medical care,  shel-
    20  ter  or  self-protection  without  the  assistance  of  others, or other
    21  conduct demonstrating  that  the  person  is  dangerous  to  himself  or
    22  herself[,]; or (b) [a substantial risk of physical harm to other persons
    23  as manifested by homicidal or other violent behavior by which others are

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03016-01-9
        S. 976                              2

     1  placed  in  reasonable fear of] serious physical harm to others as mani-
     2  fested by violent or imprudent behavior or threats.
     3    "likely  to  result  in  serious psychiatric harm" means significantly
     4  impairing the person's ability to make an  informed  decision  regarding
     5  mental  health treatment and posing a substantial risk of severe deteri-
     6  oration of the person's capacity for judgment,  reason  or  self-manage-
     7  ment.
     8    "need  for  retention"  means [that] the need of a person who has been
     9  admitted to a hospital pursuant to this  article  [is  in  need]  for  a
    10  further  period  of  involuntary care and treatment in a hospital [for a
    11  further period]. In determining the  need  for  retention,  a  physician
    12  shall  consider  the  person's  current condition and preparedness, with
    13  appropriate and available support, to  adhere  to  essential  outpatient
    14  treatment  and  refrain from abusing substances which imperil his or her
    15  mental health.
    16    "record"  of  a  patient  shall  consist  of  admission,  transfer  or
    17  retention  papers  and  orders,  and  accompanying data required by this
    18  article and by the regulations of the commissioner.
    19    "director of community  services"  means  the  director  of  community
    20  services  for the mentally disabled appointed pursuant to article forty-
    21  one of this chapter.
    22    "qualified psychiatrist" means a physician licensed to practice  medi-
    23  cine  in New York state who: (a) is a diplomate of the American board of
    24  psychiatry and neurology or is eligible to be certified by  that  board;
    25  or  (b)  is certified by the American osteopathic board of neurology and
    26  psychiatry or is eligible to be certified by that board.
    27    § 2. Subdivisions (a) and (c) of section 9.37 of  the  mental  hygiene
    28  law,  subdivision  (a) as amended by chapter 723 of the laws of 1989 and
    29  subdivision (c) as amended by chapter 230  of  the  laws  of  2004,  are
    30  amended to read as follows:
    31    (a)  The  director  of  a  hospital, upon application by a director of
    32  community services or an examining physician duly designated by  him  or
    33  her,  may  receive and care for in such hospital as a patient any person
    34  who, in the opinion of the director of community services or the  direc-
    35  tor's  designee, has a mental illness for which immediate inpatient care
    36  and treatment in a hospital is appropriate and which is likely to result
    37  in serious physical harm [to himself or  herself]  or  [others]  serious
    38  psychiatric harm.
    39    The  need  for immediate hospitalization shall be confirmed by a staff
    40  physician of the hospital prior to admission. Within seventy-two  hours,
    41  excluding  Sunday and holidays, after such admission, if such patient is
    42  to be retained for care and treatment beyond such time  and  he  or  she
    43  does  not  agree  to remain in such hospital as a voluntary patient, the
    44  certificate of another examining  physician  who  is  a  member  of  the
    45  psychiatric  staff of the hospital that the patient is in need of invol-
    46  untary care and treatment shall be filed with  the  hospital.  From  the
    47  time  of  his  or her admission under this section the retention of such
    48  patient for care and treatment shall be subject to  the  provisions  for
    49  notice, hearing, review, and judicial approval of continued retention or
    50  transfer and continued retention provided by this article for the admis-
    51  sion  and  retention  of  involuntary  patients,  provided that, for the
    52  purposes of such provisions, the date of admission of the patient  shall
    53  be  deemed  to  be  the  date when the patient was first received in the
    54  hospital under this section.
    55    (c) Notwithstanding the provisions of subdivision (b) of this section,
    56  in counties with a population of  less  than  two  hundred  thousand,  a
        S. 976                              3
     1  director  of  community services who is a licensed psychologist pursuant
     2  to article one hundred fifty-three of the education law  or  a  licensed
     3  clinical social worker pursuant to article one hundred fifty-four of the
     4  education  law but who is not a physician may apply for the admission of
     5  a patient pursuant to this section without a medical  examination  by  a
     6  designated  physician, if a hospital approved by the commissioner pursu-
     7  ant to section 9.39 of this article is not located within  thirty  miles
     8  of  the  patient,  and  the  director  of  community services has made a
     9  reasonable effort to locate a designated examining physician but such  a
    10  designee  is  not  immediately  available  and the director of community
    11  services, after personal observation of the person, reasonably  believes
    12  that  he  or  she may have a mental illness which is likely to result in
    13  serious physical harm [to himself] or [others] serious psychiatric  harm
    14  and  inpatient  care  and  treatment of such person in a hospital may be
    15  appropriate. In the event of an application pursuant  to  this  subdivi-
    16  sion,  a  physician  of the receiving hospital shall examine the patient
    17  and shall not admit the patient unless he or  she  determines  that  the
    18  patient  has  a  mental  illness  for which immediate inpatient care and
    19  treatment in a hospital is appropriate and which is likely to result  in
    20  serious  harm to himself or others. If the patient is admitted, the need
    21  for hospitalization shall be confirmed by another staff physician within
    22  twenty-four hours. An application pursuant to this subdivision shall  be
    23  in  writing and shall be filed with the director of such hospital at the
    24  time of the patient's reception, together with a  statement  in  a  form
    25  prescribed  by  the  commissioner giving such information as he may deem
    26  appropriate, including a statement of the efforts made by  the  director
    27  of  community  services to locate a designated examining physician prior
    28  to making an application pursuant to this subdivision.
    29    § 3. Subdivision (a) of section 9.37 of the mental hygiene  law,  such
    30  section  as renumbered by chapter 978 of the laws of 1977, is amended to
    31  read as follows:
    32    (a) The director of a hospital, upon  application  by  a  director  of
    33  community  services  or an examining physician duly designated by him or
    34  her, may receive and care for in such hospital as a patient  any  person
    35  who,  in the opinion of the director of community services or his or her
    36  designee, has a mental illness for which immediate  inpatient  care  and
    37  treatment  in a hospital is appropriate and which is likely to result in
    38  serious physical harm [to himself  or  others;  "likelihood  of  serious
    39  harm" shall mean:
    40    1.  substantial  risk  of  physical  harm  to himself as manifested by
    41  threats of or attempts at  suicide  or  serious  bodily  harm  or  other
    42  conduct demonstrating that he is dangerous to himself, or
    43    2.  a substantial risk of physical harm to other persons as manifested
    44  by homicidal or other violent behavior by which  others  are  placed  in
    45  reasonable fear] or serious [physical] psychiatric harm.
    46    The  need  for immediate hospitalization shall be confirmed by a staff
    47  physician of the hospital prior to admission. Within seventy-two  hours,
    48  excluding  Sunday and holidays, after such admission, if such patient is
    49  to be retained for care and treatment beyond such time  and  he  or  she
    50  does  not  agree  to remain in such hospital as a voluntary patient, the
    51  certificate of another examining  physician  who  is  a  member  of  the
    52  psychiatric  staff of the hospital that the patient is in need of invol-
    53  untary care and treatment shall be filed with  the  hospital.  From  the
    54  time  of  his  or her admission under this section the retention of such
    55  patient for care and treatment shall be subject to  the  provisions  for
    56  notice, hearing, review, and judicial approval of continued retention or
        S. 976                              4
     1  transfer and continued retention provided by this article for the admis-
     2  sion  and  retention  of  involuntary  patients,  provided that, for the
     3  purposes of such provisions, the date of admission of the patient  shall
     4  be  deemed  to  be  the  date when the patient was first received in the
     5  hospital under this section.
     6    § 4. Subdivision (a) of section 9.39 of the  mental  hygiene  law,  as
     7  amended  by  chapter  789  of  the  laws  of 1985, is amended to read as
     8  follows:
     9    (a) The director of any hospital maintaining adequate staff and facil-
    10  ities for the observation, examination, care, and treatment  of  persons
    11  alleged  to  be mentally ill and approved by the commissioner to receive
    12  and retain patients pursuant to this  section  may  receive  and  retain
    13  therein  as a patient for a period of fifteen days any person alleged to
    14  have a mental illness for which immediate observation, care, and  treat-
    15  ment in a hospital is appropriate and which is likely to result in seri-
    16  ous  physical harm [to himself or others. "Likelihood to result in seri-
    17  ous harm" as used in this article shall mean:
    18    1. substantial risk of physical  harm  to  himself  as  manifested  by
    19  threats  of  or  attempts  at  suicide  or  serious bodily harm or other
    20  conduct demonstrating that he is dangerous to himself, or
    21    2. a substantial risk of physical harm to other persons as  manifested
    22  by  homicidal  or  other  violent behavior by which others are placed in
    23  reasonable fear of] or serious [physical] psychiatric harm.
    24    The director shall cause to be entered upon the hospital  records  the
    25  name  of  the person or persons, if any, who have brought such person to
    26  the hospital and the details of the circumstances leading to the  hospi-
    27  talization of such person.
    28    The  director  shall  admit  such person pursuant to the provisions of
    29  this section only if a staff physician of the hospital upon  examination
    30  of  such  person finds that such person qualifies under the requirements
    31  of this section. Such person shall not be retained for a period of  more
    32  than  forty-eight  hours  unless  within  such  period  such  finding is
    33  confirmed after examination by another physician who shall be  a  member
    34  of  the  psychiatric staff of the hospital. Such person shall be served,
    35  at the time of admission, with written notice of his or her  status  and
    36  rights  as  a  patient under this section. Such notice shall contain the
    37  patient's name. At the same time, such notice shall also be given to the
    38  mental hygiene legal service and personally or by mail to such person or
    39  persons, not to exceed three in number, as may be designated in  writing
    40  to  receive  such notice by the person alleged to be mentally ill. If at
    41  any time after admission, the patient,  any  relative,  friend,  or  the
    42  mental  hygiene legal service gives notice to the director in writing of
    43  request for court hearing on the question of need for immediate observa-
    44  tion, care, and treatment, a hearing shall be held as herein provided as
    45  soon as practicable but in any event not more than five days after  such
    46  request is received, except that the commencement of such hearing may be
    47  adjourned  at  the  request  of the patient. It shall be the duty of the
    48  director upon receiving notice of such request for  hearing  to  forward
    49  forthwith  a  copy  of  such  notice with a record of the patient to the
    50  supreme court or county court in  the  county  where  such  hospital  is
    51  located. A copy of such notice and record shall also be given the mental
    52  hygiene  legal  service.  The court which receives such notice shall fix
    53  the date of such hearing and cause the patient or other person  request-
    54  ing the hearing, the director, the mental hygiene legal service and such
    55  other  persons  as  the  court may determine to be advised of such date.
    56  Upon such date, or upon such other date to which the proceeding  may  be
        S. 976                              5
     1  adjourned, the court shall hear testimony and examine the person alleged
     2  to  be  mentally  ill, if it be deemed advisable in or out of court, and
     3  shall render a decision in writing that there  is  reasonable  cause  to
     4  believe  that the patient has a mental illness for which immediate inpa-
     5  tient care and treatment in a hospital is appropriate and which is like-
     6  ly to result in serious physical harm [to himself or others] or  serious
     7  psychiatric  harm.    If  it be determined that there is such reasonable
     8  cause,  the  court  shall  forthwith  issue  an  order  authorizing  the
     9  retention of such patient for any such purpose or purposes in the hospi-
    10  tal  for a period not to exceed fifteen days from the date of admission.
    11  Any such order entered by the court shall not be deemed to be an adjudi-
    12  cation that the patient is mentally ill, but only a  determination  that
    13  there is reasonable cause to retain the patient for the purposes of this
    14  section.
    15    §  5.  Subdivisions  (a) and (b) of section 9.40 of the mental hygiene
    16  law, as added by chapter 723 of the laws of 1989, are amended to read as
    17  follows:
    18    (a) The director of any comprehensive  psychiatric  emergency  program
    19  may  receive  and  retain therein for a period not to exceed seventy-two
    20  hours, any person alleged to have a mental illness for  which  immediate
    21  observation, care and treatment in such program is appropriate and which
    22  is likely to result in serious physical harm [to the person] or [others]
    23  serious  psychiatric  harm.  The director shall cause to be entered upon
    24  the program records the name of the person or persons, if any, who  have
    25  brought  the  person alleged to have a mental illness to the program and
    26  the details of the circumstances leading the person or persons to  bring
    27  the person alleged to have a mental illness to the program.
    28    (b)  The director shall cause examination of such persons to be initi-
    29  ated by a staff physician of the program as soon as practicable  and  in
    30  any  event  within  six  hours  after  the  person  is received into the
    31  program's emergency room. Such person may be retained  for  observation,
    32  care  and  treatment and further examination for up to twenty-four hours
    33  if, at the conclusion of such  examination,  such  physician  determines
    34  that  such person may have a mental illness for which immediate observa-
    35  tion, care  and  treatment  in  a  comprehensive  psychiatric  emergency
    36  program  is  appropriate, and which is likely to result in serious phys-
    37  ical harm [to the person] or [others] serious psychiatric harm.
    38    § 6. Section 9.41 of the mental hygiene law, as amended by chapter 723
    39  of the laws of 1989, is amended to read as follows:
    40  § 9.41 Emergency admissions for immediate observation, care, and  treat-
    41           ment; powers of certain peace officers and police officers.
    42    Any  peace officer, when acting pursuant to his or her special duties,
    43  or police officer who is a member of the state police or of  an  author-
    44  ized  police  department  or force or of a sheriff's department may take
    45  into custody any person who appears to be mentally ill and is conducting
    46  himself or herself in a manner which is  likely  to  result  in  serious
    47  physical  harm  [to  the  person or others]. Such officer may direct the
    48  removal of such person or remove him or her to any hospital specified in
    49  subdivision (a) of section 9.39 or any comprehensive  psychiatric  emer-
    50  gency  program specified in subdivision (a) of section 9.40, or, pending
    51  his or her examination or admission to any  such  hospital  or  program,
    52  temporarily  detain  any  such  person  in  another safe and comfortable
    53  place, in which event, such officer shall immediately notify the  direc-
    54  tor  of  community  services or, if there be none, the health officer of
    55  the city or county of such action.
        S. 976                              6
     1    § 7. Section 9.41 of the mental hygiene law, as amended by chapter 843
     2  of the laws of 1980, is amended to read as follows:
     3  § 9.41 Emergency  admissions for immediate observation, care, and treat-
     4           ment; powers of certain peace officers and police officers.
     5    Any peace officer, when acting pursuant to his or her special  duties,
     6  or  police  officer who is a member of the state police or of an author-
     7  ized police department or force or of a sheriff's  department  may  take
     8  into custody any person who appears to be mentally ill and is conducting
     9  himself  or  herself  in  a  manner which is likely to result in serious
    10  [harm to himself or others.   "Likelihood to  result  in  serious  harm"
    11  shall  mean  (1)  substantial  risk of physical harm to himself as mani-
    12  fested by threats of or attempts at suicide or serious  bodily  harm  or
    13  other  conduct  demonstrating  that he is dangerous to himself, or (2) a
    14  substantial risk of physical harm to  other  persons  as  manifested  by
    15  homicidal  or  other  violent  behavior  by  which  others are placed in
    16  reasonable fear of serious] physical harm.  Such officer may direct  the
    17  removal of such person or remove him or her to any hospital specified in
    18  subdivision  (a)  of  section 9.39 or, pending his or her examination or
    19  admission to any such hospital, temporarily detain any  such  person  in
    20  another  safe  and comfortable place, in which event, such officer shall
    21  immediately notify the director of community services or,  if  there  be
    22  none, the health officer of the city or county of such action.
    23    § 8. Section 9.43 of the mental hygiene law, as amended by chapter 723
    24  of the laws of 1989, is amended to read as follows:
    25  § 9.43 Emergency  admissions for immediate observation, care, and treat-
    26           ment; powers of courts.
    27    (a) Whenever any court of inferior or general jurisdiction is informed
    28  by verified statement that a person is apparently mentally  ill  and  is
    29  conducting  himself  or herself in a manner which in a person who is not
    30  mentally ill would be deemed disorderly conduct or which  is  likely  to
    31  result  in  serious  physical  harm  [to himself or herself], such court
    32  shall issue a warrant directing that such person be brought  before  it.
    33  If,  when  said  person  is  brought before the court, it appears to the
    34  court, on the basis of evidence presented to it, that such person has or
    35  may have a mental illness which is likely to result in serious  physical
    36  harm  [to  himself  or herself or others], the court shall issue a civil
    37  order directing his or her removal to any hospital specified in subdivi-
    38  sion (a) of section 9.39  or  any  comprehensive  psychiatric  emergency
    39  program specified in subdivision (a) of section 9.40, willing to receive
    40  such  person  for  a  determination  by the director of such hospital or
    41  program whether such person should be retained therein pursuant to  such
    42  section.
    43    (b)  Whenever  a person before a court in a criminal action appears to
    44  have a mental illness which is likely to result in serious physical harm
    45  [to himself or herself or others] and the court determines  either  that
    46  the  crime  has not been committed or that there is not sufficient cause
    47  to believe that such person is guilty thereof, the  court  may  issue  a
    48  civil  order  as  above  provided, and in such cases the criminal action
    49  shall terminate.
    50    § 9. Section 9.43 of the mental hygiene law, as renumbered by  chapter
    51  978 of the laws of 1977, is amended to read as follows:
    52  § 9.43 Emergency  admissions for immediate observation, care, and treat-
    53           ment; powers of courts.
    54    (a) Whenever any court of inferior or general jurisdiction is informed
    55  by verified statement that a person is apparently mentally  ill  and  is
    56  conducting  himself  or herself in a manner which in a person who is not
        S. 976                              7
     1  mentally ill would be deemed disorderly conduct or which  is  likely  to
     2  result  in  serious  physical  harm  [to himself or others as defined in
     3  section 31.39], such court shall issue a  warrant  directing  that  such
     4  person  be brought before it. If, when said person is brought before the
     5  court, it appears to the court, on the basis of  evidence  presented  to
     6  it, that such person has or may have a mental illness which is likely to
     7  result  in serious physical harm [to himself or others], the court shall
     8  issue a civil order directing his or her removal to any hospital  speci-
     9  fied  in subdivision (a) of section [31.39] 9.39 of this article willing
    10  to receive such person for a  determination  by  the  director  of  such
    11  hospital whether such person should be retained therein pursuant to such
    12  section.
    13    (b)  Whenever  a person before a court in a criminal action appears to
    14  have a mental illness which is likely to result in serious physical harm
    15  [to himself or others] and the court determines either  that  the  crime
    16  has  not been committed or that there is not sufficient cause to believe
    17  that such person is guilty thereof, the court may issue a civil order as
    18  above provided, and in such cases the criminal action shall terminate.
    19    § 10. Section 9.45 of the mental hygiene law, as  amended  by  chapter
    20  723 of the laws of 1989, the opening paragraph as amended by chapter 192
    21  of the laws of 2005, is amended to read as follows:
    22  § 9.45 Emergency  admissions for immediate observation, care, and treat-
    23           ment; powers of directors of community services.
    24    The director of community services or the  director's  designee  shall
    25  have  the  power  to direct the removal of any person, within his or her
    26  jurisdiction, to a hospital approved by  the  commissioner  pursuant  to
    27  subdivision  (a)  of section 9.39 of this article, or to a comprehensive
    28  psychiatric emergency program pursuant to  subdivision  (a)  of  section
    29  9.40  of  this article, if the parent, adult sibling, spouse or child of
    30  the person, the committee or legal guardian of the  person,  a  licensed
    31  psychologist,  registered  professional nurse or certified social worker
    32  currently responsible for providing treatment services to the person,  a
    33  supportive or intensive case manager currently assigned to the person by
    34  a  case  management  program  which program is approved by the office of
    35  mental health for  the  purpose  of  reporting  under  this  section,  a
    36  licensed  physician,  health  officer,  peace  officer or police officer
    37  reports to him or her that such person has a mental  illness  for  which
    38  immediate  care  and treatment in a hospital is appropriate and which is
    39  likely to result in serious physical harm [to himself]  or  [herself  or
    40  others]  serious  psychiatric  harm. It shall be the duty of peace offi-
    41  cers, when acting pursuant to their special duties, or police  officers,
    42  who  are  members  of  an  authorized police department or force or of a
    43  sheriff's department to assist representatives of such director to  take
    44  into custody and transport any such person. Upon the request of a direc-
    45  tor  of  community  services  or  the  director's  designee an ambulance
    46  service, as defined in subdivision two of section three thousand one  of
    47  the  public health law, is authorized to transport any such person. Such
    48  person may then be retained in a hospital pursuant to the provisions  of
    49  section 9.39 of this article or in a comprehensive psychiatric emergency
    50  program pursuant to the provisions of section 9.40 of this article.
    51    §  11.  Section  9.45 of the mental hygiene law, as amended by chapter
    52  343 of the laws of 1985, is amended to read as follows:
    53  § 9.45 Emergency admissions for immediate observation, care, and  treat-
    54           ment; powers of directors of community services.
    55    The  director  of community services or his or her designee shall have
    56  the power to direct the removal of any person, within his or her  juris-
        S. 976                              8
     1  diction, to a hospital approved by the commissioner pursuant to subdivi-
     2  sion (a) of section 9.39 of this article if the parent, spouse, or child
     3  of  the  person,  a licensed physician, health officer, peace officer or
     4  police  officer  reports  to  him  or  her that such person has a mental
     5  illness for which immediate care and treatment in a hospital  is  appro-
     6  priate  and  which  is  likely  to  result  in serious physical harm [to
     7  himself] or [others, as defined in section 9.39 of this article] serious
     8  psychiatric harm. It shall be the duty of peace  officers,  when  acting
     9  pursuant to their special duties, or police officers, who are members of
    10  an authorized police department or force or of a sheriff's department to
    11  assist  representatives of such director to take into custody and trans-
    12  port any such person. Upon  the  request  of  a  director  of  community
    13  services  or  his  or  her  designee an ambulance service, as defined in
    14  subdivision two of section three thousand one of the public health  law,
    15  is  authorized  to  transport  any  such person. Such person may then be
    16  retained pursuant to the provisions of section 9.39 of this article.
    17    § 12. Section 9.55 of the mental hygiene law, as  amended  by  chapter
    18  598 of the laws of 1994, is amended to read as follows:
    19  § 9.55 Emergency  admissions  for immediate observation, care and treat-
    20           ment; powers of qualified psychiatrists.
    21    A qualified psychiatrist shall have the power to direct the removal of
    22  any person, whose treatment for a mental illness he  or  she  is  either
    23  supervising  or  providing  in  a  facility  licensed or operated by the
    24  office of mental health which does not  have  an  inpatient  psychiatric
    25  service, to a hospital approved by the commissioner pursuant to subdivi-
    26  sion (a) of section 9.39 of this article or to a comprehensive psychiat-
    27  ric  emergency program, if he or she determines upon examination of such
    28  person that such person appears to have a mental illness for which imme-
    29  diate observation, care and treatment in a hospital is  appropriate  and
    30  which  is  likely  to  result  in  serious  physical harm [to himself or
    31  herself] or [others] serious psychiatric harm.  Upon the request of such
    32  qualified psychiatrist, peace officers, when acting  pursuant  to  their
    33  special  duties,  or  police  officers, who are members of an authorized
    34  police department or force or of a sheriff's department shall take  into
    35  custody  and  transport any such person. Upon the request of a qualified
    36  psychiatrist an ambulance service, as  defined  by  subdivision  two  of
    37  section  three  thousand  one of the public health law, is authorized to
    38  transport any such person. Such person may then be admitted to a  hospi-
    39  tal in accordance with the provisions of section 9.39 of this article or
    40  to  a comprehensive psychiatric emergency program in accordance with the
    41  provisions of section 9.40 of this article.
    42    § 13. Section 9.55 of the mental hygiene law, as  amended  by  chapter
    43  847 of the laws of 1987, is amended to read as follows:
    44  § 9.55 Emergency  admissions  for immediate observation, care and treat-
    45           ment; powers of qualified psychiatrists.
    46    A qualified psychiatrist shall have the power to direct the removal of
    47  any person, whose treatment for a mental illness he  or  she  is  either
    48  supervising  or  providing  in  a  facility  licensed or operated by the
    49  office of mental health which does not  have  an  inpatient  psychiatric
    50  service, to a hospital approved by the commissioner pursuant to subdivi-
    51  sion (a) of section 9.39 of this article, if he determines upon examina-
    52  tion  of  such  person that such person appears to have a mental illness
    53  for which immediate observation, care and treatment  in  a  hospital  is
    54  appropriate  and  which is likely to result in serious physical harm [to
    55  himself] or [others, as defined in section 9.39 of this article] serious
    56  psychiatric harm. Upon the request of such qualified psychiatrist, peace
        S. 976                              9
     1  officers, when acting pursuant to their special duties, or police  offi-
     2  cers,  who are members of an authorized police department or force or of
     3  a sheriff's department shall take into custody and  transport  any  such
     4  person.  Upon  the  request  of  a  qualified  psychiatrist an ambulance
     5  service, as defined by subdivision two of section three thousand one  of
     6  the  public health law, is authorized to transport any such person. Such
     7  person may then be admitted in accordance with the provisions of section
     8  9.39 of this article.
     9    § 14. Section 9.57 of the mental hygiene law, as  amended  by  chapter
    10  598 of the laws of 1994, is amended to read as follows:
    11  § 9.57 Emergency  admissions  for immediate observation, care and treat-
    12           ment; powers of emergency room physicians.
    13    A physician who has examined a person in an emergency room or provided
    14  emergency medical services at a general hospital, as defined in  article
    15  twenty-eight  of the public health law, which does not have an inpatient
    16  psychiatric service, or a physician who  has  examined  a  person  in  a
    17  comprehensive  psychiatric  emergency  program  shall  be  authorized to
    18  request that the director of the program or hospital, or the  director's
    19  designee,  direct  the  removal of such person to a hospital approved by
    20  the commissioner pursuant to subdivision (a) of  section  9.39  of  this
    21  article  or  to  a  comprehensive  psychiatric emergency program, if the
    22  physician determines upon examination of such person  that  such  person
    23  appears  to have a mental illness for which immediate care and treatment
    24  in a hospital is appropriate and which is likely to  result  in  serious
    25  physical  harm  [to  himself] or [others] serious psychiatric harm. Upon
    26  the request of the physician, the director of the program or hospital or
    27  the director's designee, is authorized to direct  peace  officers,  when
    28  acting  pursuant  to  their  special duties, or police officers, who are
    29  members of an authorized police department or force or  of  a  sheriff's
    30  department  to take into custody and transport any such person. Upon the
    31  request of an emergency room physician or the director of the program or
    32  hospital, or the director's designee, an ambulance service,  as  defined
    33  by  subdivision  two  of section three thousand one of the public health
    34  law, is authorized to take into custody and transport any  such  person.
    35  Such  person  may  then be admitted to a hospital in accordance with the
    36  provisions of section 9.39 of this article or to a comprehensive psychi-
    37  atric emergency program in accordance with  the  provisions  of  section
    38  9.40 of this article.
    39    §  15.  Section  9.57 of the mental hygiene law, as amended by chapter
    40  847 of the laws of 1987, is amended to read as follows:
    41  § 9.57 Emergency admissions for immediate observation, care  and  treat-
    42           ment; powers of emergency room physicians.
    43    A physician who has examined a person in an emergency room or provided
    44  emergency  medical services at a general hospital, as defined in article
    45  twenty-eight of the public health law, which does not have an  inpatient
    46  psychiatric service, shall be authorized to request that the director of
    47  the  hospital, or his or her designee, direct the removal of such person
    48  to a hospital approved by the commissioner pursuant to  subdivision  (a)
    49  of  section 9.39 of this article, if the physician determines upon exam-
    50  ination of such person that such person appears to have a mental illness
    51  for which immediate care and treatment in a hospital is appropriate  and
    52  which  is  likely  to  result  in  serious physical harm [to himself] or
    53  [others, as defined in section 9.39 of this article] serious psychiatric
    54  harm. Upon the request of the physician, the director of the hospital or
    55  his or her designee, is authorized to direct peace officers, when acting
    56  pursuant to their special duties, or police officers, who are members of
        S. 976                             10
     1  an authorized police department or force or of a sheriff's department to
     2  take into custody and transport any such person. Upon the request of  an
     3  emergency  room physician or the director of the hospital, or his or her
     4  designee, an ambulance service, as defined by subdivision two of section
     5  three  thousand one of the public health law, is authorized to take into
     6  custody and transport any such person. Such person may then be  admitted
     7  in accordance with the provisions of section 9.39 of this article.
     8    §  16.  Subdivision  (a) of section 9.58 of the mental hygiene law, as
     9  added by chapter 678 of the laws of 1994, is amended to read as follows:
    10    (a) A physician or qualified  mental  health  professional  who  is  a
    11  member  of  an approved mobile crisis outreach team shall have the power
    12  to remove, or pursuant to subdivision (b) of this section, to direct the
    13  removal of any person to a hospital approved by the commissioner  pursu-
    14  ant  to subdivision (a) of section 9.39 or section 31.27 of this chapter
    15  for the purpose of evaluation for admission if such person appears to be
    16  mentally ill and is conducting himself or herself in a manner  which  is
    17  likely  to  result  in serious physical harm [to the person] or [others]
    18  serious psychiatric harm.
    19    § 17. This act shall take effect on the thirtieth day after  it  shall
    20  have become a law; provided, however, that:
    21    (a)  the  amendments  to subdivision (a) of section 9.37 of the mental
    22  hygiene law made by section two of this act shall not affect the expira-
    23  tion of such subdivision and shall expire therewith, when upon such date
    24  section three of this act shall take effect;
    25    (b) the amendments to section 9.40 of the mental hygiene law  made  by
    26  section five of this act shall not affect the repeal of such section and
    27  shall be deemed repealed therewith;
    28    (c)  the  amendments to section 9.41 of the mental hygiene law made by
    29  section six of this act shall not affect the expiration of such  section
    30  and  shall  expire  therewith, when upon such date section seven of this
    31  act shall take effect;
    32    (d) the amendments to section 9.43 of the mental hygiene law  made  by
    33  section  eight  of  this  act  shall  not  affect the expiration of such
    34  section and shall expire therewith, when upon such date section nine  of
    35  this act shall take effect;
    36    (e)  the  amendments to section 9.45 of the mental hygiene law made by
    37  section ten of this act shall not affect the expiration of such  section
    38  and  shall expire therewith, when upon such date, section eleven of this
    39  act shall take effect;
    40    (f) the amendments to section 9.55 of the mental hygiene law  made  by
    41  section  twelve  of  this  act  shall  not affect the expiration of such
    42  section and shall expire therewith, when upon such date section thirteen
    43  of this act shall take effect; and
    44    (g) the amendments to section 9.57 of the mental hygiene law  made  by
    45  section  fourteen  of  this  act shall not affect the expiration of such
    46  section and shall expire therewith, when upon such date section  fifteen
    47  of this act shall take effect.