N.Y. MHY Law § 9.58
This is the official text of N.Y. MHY Law § 9.58, part of New York’s MHY Law — part of the compiled statutory law of New York, published by the state as "MHY Law." Browse the sections below, each linked to its official government source.
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Transport for evaluation; powers of approved mobile crisis outreach teams
Official statutory text
§ 9.58 Transport for evaluation; powers of approved mobile crisis\n outreach teams.\n (a) A physician or qualified mental health professional who is a\nmember of an approved mobile crisis outreach team shall have the power\nto remove, or pursuant to subdivision (b) of this section, to direct the\nremoval of any person who appears to be mentally ill and is conducting\nthemselves in a manner which is likely to result in serious harm to\nthemselves or others, to a hospital approved by the commissioner\npursuant to subdivision (a) of section 9.39 or section 31.27 of this\nchapter or where the team physician or qualified mental health\nprofessional deems appropriate and where the person voluntarily agrees,\nto a crisis stabilization center specified in section 36.01 of this\nchapter.\n (b) If the team physician or qualified mental health professional\ndetermines that it is necessary to effectuate transport, he or she shall\ndirect peace officers, when acting pursuant to their special duties, or\npolice officers, who are members of an authorized police department or\nforce or of a sheriff's department, to take into custody and transport\nany persons identified in subdivision (a) of this section. Upon the\nrequest of such physician or qualified mental health professional, an\nambulance service, as defined in subdivision two of section three\nthousand one of the public health law, is authorized to transport any\nsuch persons. Such persons may then be evaluated for admission in\naccordance with the provisions of section 9.27, 9.39, 9.40 or other\nsections of this article, provided that such admission decisions shall\nbe made independent of the fact that the person was transported pursuant\nto the provisions of this section and, provided further, such transport\nshall not create a presumption that the person should be involuntarily\nadmitted to a hospital.\n (c) The commissioner shall be authorized to develop standards, in\nconsultation with the commissioner of the division of criminal justice\nservices, relating to the training requirements of teams established\npursuant to this section. Such training shall, at a minimum, help to\nensure that the provision of crisis and emergency services are provided\nin a manner which protects the health and safety and respects the\nindividual needs and rights of persons being evaluated or transported\npursuant to this section.\n (d) As used in this section:\n (1) "Approved mobile crisis outreach team" shall mean a team of\npersons operating as part of a mobile crisis outreach program approved\nby the commissioner of mental health, which may include mobile crisis\noutreach teams funded pursuant to section 41.55 of this chapter.\n (2) "Qualified mental health professional" shall mean a licensed\npsychologist, registered professional nurse, licensed clinical social\nworker or a licensed master social worker under the supervision of a\nphysician, psychologist or licensed clinical social worker.\n
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