Requirements for Emergency Admissions for Immediate Observation, Care, and Treatment – N.Y. Mental Hyg. Law § 9.39

Requirements for Emergency Admissions for Immediate Observation, Care and Treatment

Article 9 of New York’s Mental Hygiene Law is a set of laws governing the hospitalization of the mentally ill in the state of New York.  This particular section specifically governs emergency admissions of the mentally ill for immediate observation, care, and treatment. 

This section allows directors of hospitals approved by the commissioner to receive and retain the following types of patients for 15 days:  patients who have a mental illness needing immediate observation and care, and patients who pose a substantial risk of physical harm to themselves or others.  This section requires that the director of the hospital enter into the hospital records the name of the person who brings such patient for admission.  The section additionally states the requirements for: admitting such a patient (determination by a staff physician and a psychiatrist that immediate hospitalization is necessary); keeping the patient in the hospital for 15 days and potentially after 15 days; and the procedure for appealing the hospital’s determination that such hospitalization is necessary.