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

* § 9.45 Emergency  admissions  for  immediate  observation,  care,  and             treatment; powers of directors of community services.    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  * § 9.45 Emergency  admissions  for  immediate  observation,  care,  and             treatment; powers of directors of community services.    The director of community services or  his  designee  shall  have  the  power to direct the removal of any person, within his jurisdiction, to a  hospital  approved  by  the  commissioner pursuant to subdivision (a) of  section 9.39 of this article if the parent,  spouse,  or  child  of  the  person,  a  licensed  physician, health officer, peace officer or police  officer reports to him 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  others,  as  defined  in  section  9.39  of  this article. 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 his 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  pursuant  to  the provisions of section 9.39 of this  article.    * NB Effective July 1, 2012