New York Laws
Article 9 - Hospitalization of Persons With a Mental Illness
9.40 - Emergency Observation, Care and Treatment in Comprehensive Psychiatric Emergency Programs.

(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 harm to the person or others. 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.
(a-1) The director shall cause triage and referral services to be
provided by a psychiatric nurse practitioner or physician of the program
as soon as such person is received into the comprehensive psychiatric
emergency program. After receiving triage and referral services, such
person shall be appropriately treated and discharged, or referred for
further crisis intervention services including an examination by a
physician as described in subdivision (b) of this section.
(b) The director shall cause examination of such persons not
discharged after the provision of triage and referral services to be
initiated 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
observation, care and treatment in a comprehensive psychiatric emergency
program is appropriate, and which is likely to result in serious harm to
the person or others.
(c) No person shall be involuntarily retained in accordance with this
section for more than twenty-four hours, unless (i) within that time the
determination of the examining staff physician has been confirmed after
examination by another physician who is a member of the psychiatric
staff of the program and (ii) the person is admitted to an extended
observation bed, as such term is defined in section 31.27 of this
chapter. At the time of admission to an extended observation bed, such
person shall be served with written notice of his status and rights as a
patient under this section. Such notice shall contain the patient's
name. The notice shall be provided to the same persons and in the manner
as if provided pursuant to subdivision (a) of section 9.39 of this
article. Written requests for court hearings on the question of need for
immediate observation, care and treatment shall be made, and court
hearings shall be scheduled and held, in the manner provided pursuant to
subdivision (a) of section 9.39 of this article, provided however, if a
person is removed or admitted to a hospital pursuant to subdivision (e)
or (f) of this section the director of such hospital shall be
substituted for the director of the comprehensive psychiatric emergency
program in all legal proceedings regarding the continued retention of
the person.
(d) If at any time it is determined that the person is no longer in
need of immediate observation, care and treatment in accordance with
this section and is not in need of involuntary care and treatment in a
hospital, such person shall be released without regard to the provisions
of section 29.15 of this chapter, unless such person agrees to be
admitted to another appropriate hospital as a voluntary or informal
patient.
(e) If at any time within the seventy-two hour period it is determined
that such person continues to require immediate observation, care and
treatment in accordance with this section and such requirement is likely
to continue beyond the seventy-two hour period, such person shall be
removed within a reasonable period of time to an appropriate hospital
authorized to receive and retain patients pursuant to section 9.39 of
this article and such person shall be evaluated for admission and, if
appropriate, shall be admitted to such hospital in accordance with
section 9.39 of this article, except that if the person is admitted, the
fifteen day retention period of subdivision (b) of section 9.39 of this
article shall be calculated from the time such person was initially
registered into the emergency room of the comprehensive psychiatric
emergency program. Any person removed to a hospital pursuant to this
paragraph shall be removed without regard to the provisions of section
29.11 or 29.15 of this chapter and shall not be considered to have been
transferred or discharged to another hospital.
(f) Nothing in this section shall preclude the involuntary admission
of a person to an appropriate hospital pursuant to the provisions of
this article if at any time during the seventy-two hour period it is
determined that the person is in need of involuntary care and treatment
in a hospital and the person does not agree to be admitted to a hospital
as a voluntary or informal patient. Efforts shall be made to assure that
any arrangements for such involuntary admissions in an appropriate
hospital shall be made within a reasonable period of time.
(g) If a person is examined and determined to be mentally ill the fact
that such person suffers from alcohol or substance abuse shall not
preclude receipt or retention under this section.
(h) All time periods referenced in this section shall be calculated
from the time such person is initially registered into the emergency
room of the comprehensive psychiatric emergency program.
* NB Repealed July 1, 2024