NY State Senate Bill 2019-S976

Senate Bill S976

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2019	referred to mental health and developmental disabilities

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2019-S976 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd Ment Hyg L, generally
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4377
2015-2016: S3211
2017-2018: S446

2019-S976 (ACTIVE) - Summary

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.

2019-S976 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S976

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to involuntary and
emergency admissions of the mentally ill

 
PURPOSE OR GENERAL IDEA OF BILL:

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.

The bill will improve care for people with serious mental illness by
clarifying that involuntary inpatient care of persons with mental
illness is appropriate when there is a risk of serious physical harm or
serious psychiatric harm.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends Mental Hygiene Law (MHL) § 9.01 to clarify
key definitions used in the process of involuntarily hospitalizing
people with mental illness, including:

"Likely to result in serious harm," which is divided into two new terms:
"likely to result in serious physical harm," and "likely to result in
serious psychiatric harm."

The inability of a person with mental illness to meet his or her needs
for nourishment, medical care, shelter or self-protection without the
assistance of others is included as one potential basis for a finding
that the person's mental illness is likely to result in serious physical
harm.

Also, the definition of the term "need for retention" is supplemented to
provide guidance to physicians in determining the need to retain an
involuntarily hospitalized person for an additional period. The new
language requires the decision-maker to consider not just the person's
current mental condition, but also his or her preparedness to maintain
such condition in the community by adhering to outpatient treatment and
avoiding high-risk behaviors.

Sections 2 and 3 amend MHL § 9.37(a)&(c) to incorporate the newly-clari-
fied commitment criteria in the determination of a director of community
services or an examining physician that a patient should be admitted to
a hospital.

Section 4 amends MHL § 9.39(a) to incorporate the newly-clarified
commitment criteria in the determination of a hospital director to
receive a patient and retain him or her for a period of fifteen days.

Section 5 amends MHL § 9.40(a)&(b) to incorporate the newly-clarified
commitment criteria in the determination of a director of a comprehen-
sive psychiatric emergency program to receive a patient and retain him
or her for a period of up to 72 hours.

Sections 6 and 7 amend MHL § 9.41 to partially incorporate the newly-
clarified commitment criteria in the determination of a peace officer or
police officer to direct the removal of a person in the community to a
hospital. The amendment would allow the peace officer to apply the
newly-clarified definition of "likely to result in serious physical
harm," but would not allow the officer to consider the likelihood of
psychiatric harm.

Sections 8 and 9 amend MHL § 9.43 to partially incorporate the newly-
clarified commitment criteria in a judge's determination of the need for
a mental health warrant. The amendment would allow the judge to apply
the newly-clarified definition of "likely to result in serious physical
harm," but would not allow the judge to consider the likelihood of
psychiatric harm.

Sections 10 and 11 amend MHL § 9.45 to incorporate the newly-clarified
commitment criteria in the report which may form the basis of a decision
by the director of community services to direct the emergency removal of
a person.

Sections 12 and 13 amend MHL § 9.55 to incorporate the newly-clarified
commitment criteria in the determination of a qualified psychiatrist to
direct the emergency removal of a person.

Sections 14 and 15 amend MHL § 9.57 to incorporate the newly-clarified
commitment criteria in the determination of an examining emergency room
physician to request the emergency removal of a person.

Section 16 amends MHL § 9.58 to incorporate the newly-clarified commit-
ment criteria in the determination of a member of a mobile crisis
outreach team to effectuate the emergency removal of a person.

Section 17 provides for the effective date.

 
JUSTIFICATION:

Involuntary commitment to a hospital is always the last resort to secure
desperately-needed medical care for a person in psychiatric crisis.
While it is undeniably preferable for the person to accept treatment
voluntarily, this is not always a realistic option.  Sometimes, due to
anosognosia, a biologic condition of brain dysfunction, individuals with
severe illnesses such as schizophrenia and bipolar disorder are simply
unable to recognize their own illness or the damage that has been
wreaked upon their lives, and accordingly refuse offers of voluntary
assistance.

For this reason, offering involuntary hospital care to those in need is
an essential function of the public mental health system. The availabil-
ity of such treatment is not only a question of resources; it is also
highly dependent on the criteria stated in commitment laws, which must
strike a delicate balance between the individual's right to make his or
her own medical treatment decisions and society's need to protect the
person and the community from serious dangers to life or safety.

To commit a person to inpatient treatment in New York, it must be estab-
lished that the person's mental illness is "likely to result in serious
harm." On its face, this standard (commonly known as the "dangerousness
standard") is both reasonable and constitutionally appropriate. But the
dangerousness standard is often applied in a disturbingly narrow manner.

Mental health professionals, courts and police sometimes interpret
dangerousness to mean a risk of violence or suicide, and nothing more.
Families desperately seeking care for a mentally ill loved one are told
that nothing can be done until the person demonstrates some intent to
hurt someone. Too often, the person ultimately proves such "dangerous-
ness" by committing a violent act, and then receives overdue treatment
as an inmate in the correctional system.

The narrow view of dangerousness is actually bolstered by the New York
statute, which lists "homicidal or other violent behavior" and "threats
of or attempts at suicide or serious bodily harm" as the only concrete
examples of conduct establishing a basis for commitment. While the law
also allows for the possible relevance of "other conduct demonstrating
that the person is dangerous to himself," it provides no guidance on
what sort of conduct that might include.

This bill would not expand the availability of commitment to non-danger-
ous individuals. Rather, it would make explicit that there are ways to
be dangerous to oneself without having any intent of self-harm. Specif-
ically, it would clarify that when mental illness prevents a person from
meeting his or her essential human needs of nutrition, medical care,
shelter and self-protection - or renders him or her unable to seek care
to prevent severe deterioration of brain function - danger to self with-
in the meaning of the commitment law is established.

This is not a trailblazing bill. On the contrary, New York is currently
one of only four states whose commitment laws do not explicitly acknowl-
edge inability to meet basic survival needs as a permissible basis for
commitment. The need to protect an individual from psychiatric harm is
also recognized by many states, including Arizona, Wisconsin, Hawaii,
Oregon and Michigan.

A published study indicates that broadening state commitment standards
does not lead to a deluge of new hospital patients, but rather it leads
to many individuals who would eventually have been hospitalized under
the old law, instead receiving hospital care at an earlier, more treata-
ble and cost-effective stage of mental illness. (Miller, Am. J. Psychia-
try, Oct. '92.) Another study recently found a statistically significant
correlation between progressive commitment standards and lower state
homicide rates. (Segal, Soc. Psychiatry Psychiatr Epidemiol, Nov. 2011.)

 
PRIOR LEGISLATIVE HISTORY:

2017,2018: S.446 Passed Senate

2015,2016: S.3211 Referred to Mental Health and Developmental Disabili-
ties

2013,2014: S.4377 Referred to Mental Health and Developmental Disabili-
ties

 
FISCAL IMPLICATIONS:

Undetermined. Costs savings anticipated in the long run due to decrease
in recidivism of incarcerations and inpatient hospitalizations.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2019-S976 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    976
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section 1. Section 9.01 of the mental hygiene law, as amended by chap-
 ter 723 of the laws of  1989,  the  seventh  undesignated  paragraph  as
 amended  by  chapter  595  of  the  laws  of 2000, is amended to read as
 follows:
 § 9.01 Definitions.
   As used in this article:
   "in need of care and treatment" means  that  a  person  has  a  mental
 illness  for which in-patient care and treatment in a hospital is appro-
 priate.
   "in need of involuntary care and treatment" means that a person has  a
 mental  illness  for which care and treatment as a patient in a hospital
 is essential to such person's welfare and [whose] WHICH SO  IMPAIRS  THE
 PERSON'S  judgment  [is  so impaired] that he OR SHE is unable to under-
 stand the need for such care and treatment.
   ["likelihood to result in serious harm" or] "likely to result in seri-
 ous PHYSICAL harm" means [(a)] POSING a substantial risk of : (A)  SERI-
 OUS  physical harm to the person as manifested by threats of or attempts
 at suicide or serious bodily harm, CONDUCT DEMONSTRATING THAT THE PERSON
 IS UNABLE TO MEET HIS OR HER NEEDS FOR NOURISHMENT, MEDICAL CARE,  SHEL-
 TER  OR  SELF-PROTECTION  WITHOUT  THE  ASSISTANCE  OF  OTHERS, or other
 conduct demonstrating  that  the  person  is  dangerous  to  himself  or
 herself[,]; or (b) [a substantial risk of physical harm to other persons
 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

 placed  in  reasonable fear of] serious physical harm TO OTHERS AS MANI-
 FESTED BY VIOLENT OR IMPRUDENT BEHAVIOR OR THREATS.
   "LIKELY  TO  RESULT  IN  SERIOUS PSYCHIATRIC HARM" MEANS SIGNIFICANTLY
 IMPAIRING THE PERSON'S ABILITY TO MAKE AN  INFORMED  DECISION  REGARDING
 MENTAL  HEALTH TREATMENT AND POSING A SUBSTANTIAL RISK OF SEVERE DETERI-
 ORATION OF THE PERSON'S CAPACITY FOR JUDGMENT,  REASON  OR  SELF-MANAGE-
 MENT.
   "need  for  retention"  means [that] THE NEED OF a person who has been
 admitted to a hospital pursuant to this  article  [is  in  need]  FOR  A
 FURTHER  PERIOD  of  involuntary care and treatment in a hospital [for a
 further period]. IN DETERMINING THE  NEED  FOR  RETENTION,  A  PHYSICIAN
 SHALL  CONSIDER  THE  PERSON'S  CURRENT CONDITION AND PREPAREDNESS, WITH
 APPROPRIATE AND AVAILABLE SUPPORT, TO  ADHERE  TO  ESSENTIAL  OUTPATIENT
 TREATMENT  AND  REFRAIN FROM ABUSING SUBSTANCES WHICH IMPERIL HIS OR HER
 MENTAL HEALTH.
   "record"  of  a  patient  shall  consist  of  admission,  transfer  or
 retention  papers  and  orders,  and  accompanying data required by this
 article and by the regulations of the commissioner.
   "director of community  services"  means  the  director  of  community
 services  for the mentally disabled appointed pursuant to article forty-
 one of this chapter.
   "qualified psychiatrist" means a physician licensed to practice  medi-
 cine  in New York state who: (a) is a diplomate of the American board of
 psychiatry and neurology or is eligible to be certified by  that  board;
 or  (b)  is certified by the American osteopathic board of neurology and
 psychiatry or is eligible to be certified by that board.
   § 2. Subdivisions (a) and (c) of section 9.37 of  the  mental  hygiene
 law,  subdivision  (a) as amended by chapter 723 of the laws of 1989 and
 subdivision (c) as amended by chapter 230  of  the  laws  of  2004,  are
 amended to read as follows:
   (a)  The  director  of  a  hospital, upon application by a director of
 community services or an examining physician duly designated by  him  or
 her,  may  receive and care for in such hospital as a patient any person
 who, in the opinion of the director of community services or the  direc-
 tor's  designee, has a mental illness for which immediate inpatient care
 and treatment in a hospital is appropriate and which is likely to result
 in serious PHYSICAL harm [to himself or  herself]  or  [others]  SERIOUS
 PSYCHIATRIC HARM.
   The  need  for immediate hospitalization shall be confirmed by a staff
 physician of the hospital prior to admission. Within seventy-two  hours,
 excluding  Sunday and holidays, after such admission, if such patient is
 to be retained for care and treatment beyond such time  and  he  or  she
 does  not  agree  to remain in such hospital as a voluntary patient, the
 certificate of another examining  physician  who  is  a  member  of  the
 psychiatric  staff of the hospital that the patient is in need of invol-
 untary care and treatment shall be filed with  the  hospital.  From  the
 time  of  his  or her admission under this section the retention of such
 patient for care and treatment shall be subject to  the  provisions  for
 notice, hearing, review, and judicial approval of continued retention or
 transfer and continued retention provided by this article for the admis-
 sion  and  retention  of  involuntary  patients,  provided that, for the
 purposes of such provisions, the date of admission of the patient  shall
 be  deemed  to  be  the  date when the patient was first received in the
 hospital under this section.
   (c) Notwithstanding the provisions of subdivision (b) of this section,
 in counties with a population of  less  than  two  hundred  thousand,  a

 S. 976                              3
 
 director  of  community services who is a licensed psychologist pursuant
 to article one hundred fifty-three of the education law  or  a  licensed
 clinical social worker pursuant to article one hundred fifty-four of the
 education  law but who is not a physician may apply for the admission of
 a patient pursuant to this section without a medical  examination  by  a
 designated  physician, if a hospital approved by the commissioner pursu-
 ant to section 9.39 of this article is not located within  thirty  miles
 of  the  patient,  and  the  director  of  community services has made a
 reasonable effort to locate a designated examining physician but such  a
 designee  is  not  immediately  available  and the director of community
 services, after personal observation of the person, reasonably  believes
 that  he  OR  SHE may have a mental illness which is likely to result in
 serious PHYSICAL harm [to himself] or [others] SERIOUS PSYCHIATRIC  HARM
 and  inpatient  care  and  treatment of such person in a hospital may be
 appropriate. In the event of an application pursuant  to  this  subdivi-
 sion,  a  physician  of the receiving hospital shall examine the patient
 and shall not admit the patient unless he or  she  determines  that  the
 patient  has  a  mental  illness  for which immediate inpatient care and
 treatment in a hospital is appropriate and which is likely to result  in
 serious  harm to himself or others. If the patient is admitted, the need
 for hospitalization shall be confirmed by another staff physician within
 twenty-four hours. An application pursuant to this subdivision shall  be
 in  writing and shall be filed with the director of such hospital at the
 time of the patient's reception, together with a  statement  in  a  form
 prescribed  by  the  commissioner giving such information as he may deem
 appropriate, including a statement of the efforts made by  the  director
 of  community  services to locate a designated examining physician prior
 to making an application pursuant to this subdivision.
   § 3. Subdivision (a) of section 9.37 of the mental hygiene  law,  such
 section  as renumbered by chapter 978 of the laws of 1977, is amended to
 read as follows:
   (a) The director of a hospital, upon  application  by  a  director  of
 community  services  or an examining physician duly designated by him OR
 HER, may receive and care for in such hospital as a patient  any  person
 who,  in the opinion of the director of community services or his OR HER
 designee, has a mental illness for which immediate  inpatient  care  and
 treatment  in a hospital is appropriate and which is likely to result in
 serious PHYSICAL harm [to himself  or  others;  "likelihood  of  serious
 harm" shall mean:
   1.  substantial  risk  of  physical  harm  to himself as manifested by
 threats of or attempts at  suicide  or  serious  bodily  harm  or  other
 conduct demonstrating that he is dangerous to himself, or
   2.  a substantial risk of physical harm to other persons as manifested
 by homicidal or other violent behavior by which  others  are  placed  in
 reasonable fear] or serious [physical] PSYCHIATRIC harm.
   The  need  for immediate hospitalization shall be confirmed by a staff
 physician of the hospital prior to admission. Within seventy-two  hours,
 excluding  Sunday and holidays, after such admission, if such patient is
 to be retained for care and treatment beyond such time  and  he  OR  SHE
 does  not  agree  to remain in such hospital as a voluntary patient, the
 certificate of another examining  physician  who  is  a  member  of  the
 psychiatric  staff of the hospital that the patient is in need of invol-
 untary care and treatment shall be filed with  the  hospital.  From  the
 time  of  his  OR HER admission under this section the retention of such
 patient for care and treatment shall be subject to  the  provisions  for
 notice, hearing, review, and judicial approval of continued retention or

 S. 976                              4
 
 transfer and continued retention provided by this article for the admis-
 sion  and  retention  of  involuntary  patients,  provided that, for the
 purposes of such provisions, the date of admission of the patient  shall
 be  deemed  to  be  the  date when the patient was first received in the
 hospital under this section.
   § 4. Subdivision (a) of section 9.39 of the  mental  hygiene  law,  as
 amended  by  chapter  789  of  the  laws  of 1985, is amended to read as
 follows:
   (a) The director of any hospital maintaining adequate staff and facil-
 ities for the observation, examination, care, and treatment  of  persons
 alleged  to  be mentally ill and approved by the commissioner to receive
 and retain patients pursuant to this  section  may  receive  and  retain
 therein  as a patient for a period of fifteen days any person alleged to
 have a mental illness for which immediate observation, care, and  treat-
 ment in a hospital is appropriate and which is likely to result in seri-
 ous  PHYSICAL harm [to himself or others. "Likelihood to result in seri-
 ous harm" as used in this article shall mean:
   1. substantial risk of physical  harm  to  himself  as  manifested  by
 threats  of  or  attempts  at  suicide  or  serious bodily harm or other
 conduct demonstrating that he is dangerous to himself, or
   2. a substantial risk of physical harm to other persons as  manifested
 by  homicidal  or  other  violent behavior by which others are placed in
 reasonable fear of] OR serious [physical] PSYCHIATRIC harm.
   The director shall cause to be entered upon the hospital  records  the
 name  of  the person or persons, if any, who have brought such person to
 the hospital and the details of the circumstances leading to the  hospi-
 talization of such person.
   The  director  shall  admit  such person pursuant to the provisions of
 this section only if a staff physician of the hospital upon  examination
 of  such  person finds that such person qualifies under the requirements
 of this section. Such person shall not be retained for a period of  more
 than  forty-eight  hours  unless  within  such  period  such  finding is
 confirmed after examination by another physician who shall be  a  member
 of  the  psychiatric staff of the hospital. Such person shall be served,
 at the time of admission, with written notice of his OR HER  status  and
 rights  as  a  patient under this section. Such notice shall contain the
 patient's name. At the same time, such notice shall also be given to the
 mental hygiene legal service and personally or by mail to such person or
 persons, not to exceed three in number, as may be designated in  writing
 to  receive  such notice by the person alleged to be mentally ill. If at
 any time after admission, the patient,  any  relative,  friend,  or  the
 mental  hygiene legal service gives notice to the director in writing of
 request for court hearing on the question of need for immediate observa-
 tion, care, and treatment, a hearing shall be held as herein provided as
 soon as practicable but in any event not more than five days after  such
 request is received, except that the commencement of such hearing may be
 adjourned  at  the  request  of the patient. It shall be the duty of the
 director upon receiving notice of such request for  hearing  to  forward
 forthwith  a  copy  of  such  notice with a record of the patient to the
 supreme court or county court in  the  county  where  such  hospital  is
 located. A copy of such notice and record shall also be given the mental
 hygiene  legal  service.  The court which receives such notice shall fix
 the date of such hearing and cause the patient or other person  request-
 ing the hearing, the director, the mental hygiene legal service and such
 other  persons  as  the  court may determine to be advised of such date.
 Upon such date, or upon such other date to which the proceeding  may  be

 S. 976                              5

 adjourned, the court shall hear testimony and examine the person alleged
 to  be  mentally  ill, if it be deemed advisable in or out of court, and
 shall render a decision in writing that there  is  reasonable  cause  to
 believe  that the patient has a mental illness for which immediate inpa-
 tient care and treatment in a hospital is appropriate and which is like-
 ly to result in serious PHYSICAL harm [to himself or others] OR  SERIOUS
 PSYCHIATRIC  HARM.    If  it be determined that there is such reasonable
 cause,  the  court  shall  forthwith  issue  an  order  authorizing  the
 retention of such patient for any such purpose or purposes in the hospi-
 tal  for a period not to exceed fifteen days from the date of admission.
 Any such order entered by the court shall not be deemed to be an adjudi-
 cation that the patient is mentally ill, but only a  determination  that
 there is reasonable cause to retain the patient for the purposes of this
 section.
   §  5.  Subdivisions  (a) and (b) of section 9.40 of the mental hygiene
 law, as added by chapter 723 of the laws of 1989, are amended to read as
 follows:
   (a) The director of any comprehensive  psychiatric  emergency  program
 may  receive  and  retain therein for a period not to exceed seventy-two
 hours, any person alleged to have a mental illness for  which  immediate
 observation, care and treatment in such program is appropriate and which
 is likely to result in serious PHYSICAL harm [to the person] or [others]
 SERIOUS  PSYCHIATRIC  HARM.  The director shall cause to be entered upon
 the program records the name of the person or persons, if any, who  have
 brought  the  person alleged to have a mental illness to the program and
 the details of the circumstances leading the person or persons to  bring
 the person alleged to have a mental illness to the program.
   (b)  The director shall cause examination of such persons to be initi-
 ated by a staff physician of the program as soon as practicable  and  in
 any  event  within  six  hours  after  the  person  is received into the
 program's emergency room. Such person may be retained  for  observation,
 care  and  treatment and further examination for up to twenty-four hours
 if, at the conclusion of such  examination,  such  physician  determines
 that  such person may have a mental illness for which immediate observa-
 tion, care  and  treatment  in  a  comprehensive  psychiatric  emergency
 program  is  appropriate, and which is likely to result in serious PHYS-
 ICAL harm [to the person] or [others] SERIOUS PSYCHIATRIC HARM.
   § 6. Section 9.41 of the mental hygiene law, as amended by chapter 723
 of the laws of 1989, is amended to read as follows:
 § 9.41 Emergency admissions for immediate observation, care, and  treat-
          ment; powers of certain peace officers and police officers.
   Any  peace officer, when acting pursuant to his or her special duties,
 or police officer who is a member of the state police or of  an  author-
 ized  police  department  or force or of a sheriff's department may take
 into custody any person who appears to be mentally ill and is conducting
 himself or herself in a manner which is  likely  to  result  in  serious
 PHYSICAL  harm  [to  the  person or others]. Such officer may direct the
 removal of such person or remove him or her to any hospital specified in
 subdivision (a) of section 9.39 or any comprehensive  psychiatric  emer-
 gency  program specified in subdivision (a) of section 9.40, or, pending
 his or her examination or admission to any  such  hospital  or  program,
 temporarily  detain  any  such  person  in  another safe and comfortable
 place, in which event, such officer shall immediately notify the  direc-
 tor  of  community  services or, if there be none, the health officer of
 the city or county of such action.

 S. 976                              6
 
   § 7. Section 9.41 of the mental hygiene law, as amended by chapter 843
 of the laws of 1980, is amended to read as follows:
 § 9.41 Emergency  admissions for immediate observation, care, and treat-
          ment; powers of certain peace officers and police officers.
   Any peace officer, when acting pursuant to his OR HER special  duties,
 or  police  officer who is a member of the state police or of an author-
 ized police department or force or of a sheriff's  department  may  take
 into custody any person who appears to be mentally ill and is conducting
 himself  OR  HERSELF  in  a  manner which is likely to result in serious
 [harm to himself or others.   "Likelihood to  result  in  serious  harm"
 shall  mean  (1)  substantial  risk of physical harm to himself as mani-
 fested by threats of or attempts at suicide or serious  bodily  harm  or
 other  conduct  demonstrating  that he is dangerous to himself, or (2) a
 substantial risk of physical harm to  other  persons  as  manifested  by
 homicidal  or  other  violent  behavior  by  which  others are placed in
 reasonable fear of serious] physical harm.  Such officer may direct  the
 removal of such person or remove him OR HER to any hospital specified in
 subdivision  (a)  of  section 9.39 or, pending his OR HER examination or
 admission to any such hospital, temporarily detain any  such  person  in
 another  safe  and comfortable place, in which event, such officer shall
 immediately notify the director of community services or,  if  there  be
 none, the health officer of the city or county of such action.
   § 8. Section 9.43 of the mental hygiene law, as amended by chapter 723
 of the laws of 1989, is amended to read as follows:
 § 9.43 Emergency  admissions for immediate observation, care, and treat-
          ment; powers of courts.
   (a) Whenever any court of inferior or general jurisdiction is informed
 by verified statement that a person is apparently mentally  ill  and  is
 conducting  himself  or herself in a manner which in a person who is not
 mentally ill would be deemed disorderly conduct or which  is  likely  to
 result  in  serious  PHYSICAL  harm  [to himself or herself], such court
 shall issue a warrant directing that such person be brought  before  it.
 If,  when  said  person  is  brought before the court, it appears to the
 court, on the basis of evidence presented to it, that such person has or
 may have a mental illness which is likely to result in serious  PHYSICAL
 harm  [to  himself  or herself or others], the court shall issue a civil
 order directing his or her removal to any hospital specified in subdivi-
 sion (a) of section 9.39  or  any  comprehensive  psychiatric  emergency
 program specified in subdivision (a) of section 9.40, willing to receive
 such  person  for  a  determination  by the director of such hospital or
 program whether such person should be retained therein pursuant to  such
 section.
   (b)  Whenever  a person before a court in a criminal action appears to
 have a mental illness which is likely to result in serious PHYSICAL harm
 [to himself or herself or others] and the court determines  either  that
 the  crime  has not been committed or that there is not sufficient cause
 to believe that such person is guilty thereof, the  court  may  issue  a
 civil  order  as  above  provided, and in such cases the criminal action
 shall terminate.
   § 9. Section 9.43 of the mental hygiene law, as renumbered by  chapter
 978 of the laws of 1977, is amended to read as follows:
 § 9.43 Emergency  admissions for immediate observation, care, and treat-
          ment; powers of courts.
   (a) Whenever any court of inferior or general jurisdiction is informed
 by verified statement that a person is apparently mentally  ill  and  is
 conducting  himself  OR HERSELF in a manner which in a person who is not

 S. 976                              7
 
 mentally ill would be deemed disorderly conduct or which  is  likely  to
 result  in  serious  PHYSICAL  harm  [to himself or others as defined in
 section 31.39], such court shall issue a  warrant  directing  that  such
 person  be brought before it. If, when said person is brought before the
 court, it appears to the court, on the basis of  evidence  presented  to
 it, that such person has or may have a mental illness which is likely to
 result  in serious PHYSICAL harm [to himself or others], the court shall
 issue a civil order directing his OR HER removal to any hospital  speci-
 fied  in subdivision (a) of section [31.39] 9.39 OF THIS ARTICLE willing
 to receive such person for a  determination  by  the  director  of  such
 hospital whether such person should be retained therein pursuant to such
 section.
   (b)  Whenever  a person before a court in a criminal action appears to
 have a mental illness which is likely to result in serious PHYSICAL harm
 [to himself or others] and the court determines either  that  the  crime
 has  not been committed or that there is not sufficient cause to believe
 that such person is guilty thereof, the court may issue a civil order as
 above provided, and in such cases the criminal action shall terminate.
   § 10. Section 9.45 of the mental hygiene law, as  amended  by  chapter
 723 of the laws of 1989, the opening paragraph as amended by chapter 192
 of the laws of 2005, is amended to read as follows:
 § 9.45 Emergency  admissions for immediate observation, care, and treat-
          ment; 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 PHYSICAL harm [to himself]  or  [herself  or
 others]  SERIOUS  PSYCHIATRIC  HARM. It shall be the duty of peace offi-
 cers, 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 direc-
 tor  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.
   §  11.  Section  9.45 of the mental hygiene law, as amended by chapter
 343 of the laws of 1985, is amended to read as follows:
 § 9.45 Emergency admissions for immediate observation, care, and  treat-
          ment; powers of directors of community services.
   The  director  of community services or his OR HER designee shall have
 the power to direct the removal of any person, within his OR HER  juris-

 S. 976                              8
 
 diction, to a hospital approved by the commissioner pursuant to subdivi-
 sion (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  OR  HER that such person has a mental
 illness for which immediate care and treatment in a hospital  is  appro-
 priate  and  which  is  likely  to  result  in serious PHYSICAL harm [to
 himself] or [others, as defined in section 9.39 of this article] SERIOUS
 PSYCHIATRIC HARM. 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 trans-
 port any such person. Upon  the  request  of  a  director  of  community
 services  or  his  OR  HER  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.
   § 12. Section 9.55 of the mental hygiene law, as  amended  by  chapter
 598 of the laws of 1994, is amended to read as follows:
 § 9.55 Emergency  admissions  for immediate observation, care and treat-
          ment; powers of qualified psychiatrists.
   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 subdivi-
 sion (a) of section 9.39 of this article or to a comprehensive psychiat-
 ric  emergency program, if he or she determines upon examination of such
 person that such person appears to have a mental illness for which imme-
 diate observation, care and treatment in a hospital is  appropriate  and
 which  is  likely  to  result  in  serious  PHYSICAL harm [to himself or
 herself] or [others] SERIOUS PSYCHIATRIC HARM.  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  hospi-
 tal 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.
   § 13. Section 9.55 of the mental hygiene law, as  amended  by  chapter
 847 of the laws of 1987, is amended to read as follows:
 § 9.55 Emergency  admissions  for immediate observation, care and treat-
          ment; powers of qualified psychiatrists.
   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 subdivi-
 sion (a) of section 9.39 of this article, if he determines upon examina-
 tion  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 PHYSICAL harm [to
 himself] or [others, as defined in section 9.39 of this article] SERIOUS
 PSYCHIATRIC HARM. Upon the request of such qualified psychiatrist, peace

 S. 976                              9
 
 officers, when acting pursuant to their special duties, or police  offi-
 cers,  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 in accordance with the provisions of section
 9.39 of this article.
   § 14. Section 9.57 of the mental hygiene law, as  amended  by  chapter
 598 of the laws of 1994, is amended to read as follows:
 § 9.57 Emergency  admissions  for immediate observation, care and treat-
          ment; powers of emergency room physicians.
   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
 PHYSICAL  harm  [to  himself] or [others] SERIOUS PSYCHIATRIC HARM. 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 psychi-
 atric emergency program in accordance with  the  provisions  of  section
 9.40 of this article.
   §  15.  Section  9.57 of the mental hygiene law, as amended by chapter
 847 of the laws of 1987, is amended to read as follows:
 § 9.57 Emergency admissions for immediate observation, care  and  treat-
          ment; powers of emergency room physicians.
   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, shall be authorized to request that the director of
 the  hospital, or his OR HER 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, if the physician determines upon exam-
 ination 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 PHYSICAL harm [to himself] or
 [others, as defined in section 9.39 of this article] SERIOUS PSYCHIATRIC
 HARM. Upon the request of the physician, the director of the hospital or
 his OR HER designee, is authorized to direct peace officers, when acting
 pursuant to their special duties, or police officers, who are members of

 S. 976                             10
 
 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 hospital, or his OR HER
 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
 in accordance with the provisions of section 9.39 of this article.
   §  16.  Subdivision  (a) of section 9.58 of the mental hygiene law, as
 added by chapter 678 of the laws of 1994, is amended to read as follows:
   (a) A physician or qualified  mental  health  professional  who  is  a
 member  of  an approved mobile crisis outreach team shall have the power
 to remove, or pursuant to subdivision (b) of this section, to direct the
 removal of any person to a hospital approved by the commissioner  pursu-
 ant  to subdivision (a) of section 9.39 or section 31.27 of this chapter
 for the purpose of evaluation for admission if such person appears to be
 mentally ill and is conducting himself or herself in a manner  which  is
 likely  to  result  in serious PHYSICAL harm [to the person] or [others]
 SERIOUS PSYCHIATRIC HARM.
   § 17. This act shall take effect on the thirtieth day after  it  shall
 have become a law; provided, however, that:
   (a)  the  amendments  to subdivision (a) of section 9.37 of the mental
 hygiene law made by section two of this act shall not affect the expira-
 tion of such subdivision and shall expire therewith, when upon such date
 section three of this act shall take effect;
   (b) the amendments to section 9.40 of the mental hygiene law  made  by
 section five of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith;
   (c)  the  amendments to section 9.41 of the mental hygiene law made by
 section six of this act shall not affect the expiration of such  section
 and  shall  expire  therewith, when upon such date section seven of this
 act shall take effect;
   (d) the amendments to section 9.43 of the mental hygiene law  made  by
 section  eight  of  this  act  shall  not  affect the expiration of such
 section and shall expire therewith, when upon such date section nine  of
 this act shall take effect;
   (e)  the  amendments to section 9.45 of the mental hygiene law made by
 section ten of this act shall not affect the expiration of such  section
 and  shall expire therewith, when upon such date, section eleven of this
 act shall take effect;
   (f) the amendments to section 9.55 of the mental hygiene law  made  by
 section  twelve  of  this  act  shall  not affect the expiration of such
 section and shall expire therewith, when upon such date section thirteen
 of this act shall take effect; and
   (g) the amendments to section 9.57 of the mental hygiene law  made  by
 section  fourteen  of  this  act shall not affect the expiration of such
 section and shall expire therewith, when upon such date section  fifteen
 of this act shall take effect.

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Senate Bill S976

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Sponsored By

Catharine Young