9.39 - Emergency admissions for immediate observation, care, and treatment.

§ 9.39 Emergency   admissions   for  immediate  observation,  care,  and           treatment.    (a) The director  of  any  hospital  maintaining  adequate  staff  and  facilities  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 treatment in a hospital is appropriate and which is likely to result  in serious harm to himself or others. "Likelihood to result  in  serious  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 serious physical 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  hospitalization 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 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  observation,  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  requesting  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 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 inpatient care and treatment in a hospital is appropriate  and  which is likely to result in serious harm to himself or others. If it be  determined  that  there  is  such  reasonable  cause,  the  court  shall  forthwith issue an order authorizing the retention of such  patient  forany  such purpose or purposes in the hospital 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 adjudication 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.    (b) Within fifteen days of arrival at the hospital, if a determination  is  made  that  the  person  is  not  in  need  of  involuntary care and  treatment, he shall be discharged  unless  he  agrees  to  remain  as  a  voluntary  or informal patient. If he is in need of involuntary care and  treatment and does not agree  to  remain  as  a  voluntary  or  informal  patient,  he  may  be  retained  beyond  such fifteen day period only by  admission to such hospital or another appropriate hospital  pursuant  to  the  provisions governing involuntary admission on application supported  by medical certification and  subject  to  the  provisions  for  notice,  hearing,  review,  and  judicial  approval  of retention or transfer and  retention governing such admissions, 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 under this section. If a  hearing  has  been  requested  pursuant to the provisions of subdivision  (a), the filing of an application for involuntary admission  on  medical  certification shall not delay or prevent the holding of the hearing.    (c) 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 commitment under this section.