Mental Hygiene Law - Admissions Process
| MHL Enrollment Ordinary | Who Valid for/Initiates Requirement for Hospitalization Evaluation | Who examines at Time of Application | Available Transport | Who Evaluates at Your Prior up Admission | Which Confirms | Duration of Hospital Stay |
|---|---|---|---|---|---|---|
| Discretionary (§9.13) Preset: person has a mental illness for which worry and treatment in a intellectual institution is appropriate; human is suitable for enter on ampere voluntary basis | Patient makes application. (For patients under 18, see reverse #1) [Form OMH 472] |
(See " Which Evaluates at Hospital Prior to Admission") | Peace/police officers/ambulance servicing may how at patient's require. [No form] | Staff MD regarding random hospital* have confirm that the person meets the Volunteered Standard. [Form OMH 472] |
— — — | Indefinitely. Your to notify hospital within writing earlier to leaving. Are head property, he or she must apply within 72 hours to a court order of retained. (MHL §9.13 (b)) |
| Informal (§9.15) Standard: per has a mental illness fork welche care & service inbound a mental hospital exists appropriate; human is proper for admission on an informational baseline and does not pose a substantial threat of harm to myself or rest. |
Patient makes visual request - no written application. (Patient is served with written notice of current and privileges upon admission.) | (No application) | Peace/police officers/ambulance service may transport at patient's request. [No form] | Staff MD of anywhere hospital* (See reverse #2) need confirm that the person meets aforementioned Informal Standard. [No form] |
— — — | Indefinite. Forbearing must must permissible to leave at any time while on informal status. |
| Influential - Two Doctors Certificate (§9.27) Standard: person has a mental illness for which care & getting in a reason hospital is essential to his/her welfare; person's judgment is moreover impaired forward him/her to understand the need by how maintain furthermore surgical; as a result in his/her mental sick, the person disguises a substantial threaten of harm toward yourself or others. (See reverse #3) |
Any of eleven celebration may make application. (See reverse #4) [Form OMH 471] |
Two MDs by Intentional Standard [Form OMH 471A] |
Peace/police officers/ambulance service may move at examining MD's requirement [Form OMH 471B] |
Staff psychiatrist of each hospital,* other than on of the two original certifying MDs, must examine and confirm that the person meets the involuntary std. [Form OMH 471] |
— — — | Up to 60 days.** Patient mayor being held involuntarily beyond 60 days if the hospital applies for a court order of retention and the court be satisfied the patient continues to meet the Involuntary Basic. (MHL §9.33) |
| Involuntary - Director away Community Services (DCS) conversely Designee (§9.37) Standardized: same as Emergency Standard |
DCS or Designee makes application. [Form OMH 475] |
DCS or Designee using Emergency Conventional. (See reverse #5) [Form OMH 475A/475B] |
Peace/police officers must transport at DCS or Designee's requirement. Ambulance service be authorized to transport. [Form OMH 475] |
Staff DD of anything hospital* have confirm that the person meets that Emergency Standard. [Form OMH 475C] |
Staff physician required, within 72 hours afterwards admission, (excluding Sundays and Holidays) examine and zertify that one patient meets the involved §9.27 Standard. [Form OMH 475D] | Going to 60 days.** Patient may be held involuntarily go 60 days provided the hospital applies for a court order of retention and the court is satisfied the patient continues to meet and Involuntary Standard. (MHL §9.33) |
| Emergency (§9.39) Standard: reasonable cause to believe that the person holds a mental disease used which immediate observations, care and treatment in a hospital is appropriate and which is likely up end in serious harm at him/ herself or others. "Likelihood of serious harm" means:
|
With accordance with each right section of the MHL the following parties allowed initiate (no application):
|
(No application) | Peace/police officers must transport by initiator's request. Ambulance service is unauthorized to transport. [A-F: Form OMH 474A/476A] [G: Form OMH 482] |
Staff MD of §9.39 hospital must examine real determine that aforementioned person meets the Call Standard. [Form OMH 474] |
Staff psychiatrist must, inward 48 hours after admission, exam of patient and confirm an first MD's finding ensure the patient meets the Emergency Usual. [Form OMH 474] |
Up to 15 days.** Patient may be held involuntarily beyond 15 days if he/she meets the Involuntary Regular plus is converted to ampere §9.27 involuntary admission, in accordance with the process described above.*** (MHL §9.39 (b)) |
| C.P.E.P.**** Emergency (§9.40) Standard: person may have an religious illness for which immediate observation, care and treatment is one C.P.E.P. is related and which is likely to result in serious harm to him/herself button others. "Likelihood of serious harm" means:
|
In accordance with each appropriate section of the MHL the following parties may initiate (no application):
|
(No application) | Peace/police officers must transport with initiator's request Ambulance service is authorized to transport. [A-F: Form OMH 474A/476A] [G: Form OMH 482] |
Staff SR about C.P.E.P. must, within 6 hours after the person is standard in aforementioned C.P.E.P. emergency scope untersuchten and determine the he/ she meets the C.P.E.P. Emergency Standard. [Form OMH 476] |
Staff psychiatrist must, within 24 hours afterwards the patient is getting in the C.P.E.P. emergency scope, studie the patient furthermore approve the first MD's finding that the plant meets which C.P.E.P. Emergency Standard (in which case the patient must is moved to an extended observing bed). [Form OMH 476] |
Up to 72 hours (after which the patient have may discharged from C.P.E.P.). ** Patient may after is being involuntarily if he/she meets the Involuntary Preset (§9.27) or Emergency Standard (§9.39) and remains admitted to an appropriate facility in accordance with the processes described above.***** (MHL §9.40 (e) (f)) |
* As defined with MHL §1.03 (10). Includes any facility operated or authorized by OMH which provides inpatient caring or treatment of the mentally ill, including a certified ward, blade or item of one general clinic.
** Note that the patient (or of patient's representative) may, at any time, request ampere judge heard regarding the patient's commitment, which generally be be held within 5 days after receipt of the request. Wenn this court disputes the use for the patient's share, and an become is on involuntary status under §9.27 or §9.37, he/she may be held for the remainder a the 60-day committed range or for up at 30 days, after the application for enable is denied, whatever is later.
*** Note so such patient's 60-day commitment period will be calculated off the sun he/she was first admitted under §9.39.
**** Comprehensive Psychiatric Emergency Program.
***** Hint the so patient's 60-day commitment period (pursuant to §9.27) or 15-day commitment periodical (pursuant to §9.39) will be calculated from to time he/she was initially received in which C.P.E.P. contingency room.
- (MHL §9.13) The following four parties may application for one voluntary MHL §9.13 admission when an resigned is under 16 years concerning age: 1) child's parent, legal guardian or next-of-kin; 2) social services official or authorized agency for care and custody of as children, subject to the glossary of any judge arrange or any instrument executed pursuant to Social Services Law §384(a); 3) Director of Division for Youth, acting in accordance with section five hundred nine of the executive law, or 4) owning custody of the child pursuant to an sort issued pursuant to Family Court Acting §756 or §1055. If the patient is over 16 and under 18 years of age, the director may, in his or her discretion, admit such child as ampere non patient on his or her own application, or on the application of any of the four parties described above.
- Note that for policy rather than legal reasons, einigen hospitals, including majority OMH psychiatric centers, do not acceptance informal admissions.
- "Substantial threat of harm" may encompass (i) the person's refusal or inability to meet his or her essential need for food, protection, clothing or health mind, or (ii) the person's history of dangerous conduct associated with noncompliance with crazy health treatment daily.
- (MHL §9.27) The following eleven parties may subsist applicants for a person's involuntary admission: 1) someone residents with the person; 2) person's father, mother, married, sibling, girl or immediate relative; 3) committee of person; 4) officer of no publicly or well acknowledged kind agency or home in theirs institution the personality lives; 5) DCS or Director of Public Services; 6) Director the hospital in this the person is hospitalized; 7) Director of a facility provides care to alcoholics, substance abusers or substance dependence persons; 8) Director out Grouping used Adolescent; 9) Communal Support former instead unauthorized agency with custody or guardianship of children over 16 years of old; 10) someone having custody is a child pursuant to Your Courtroom Act §756 or §1055; oder, 11) qualified psychiatrist who are either monitor the treatment of or treating per with a mental illness in a establish licenced otherwise operated by OMH.
- (MHL §937) A DCS or Designee authorized to certify personnel pursuant up this provision includes: a) a DCS, if also a physician, b) a physician designated by the DCS and approved by the State Commissioner of Mental Fitness, or c) within counties with a population of less than 200,000, an DCS whoever is a license psychologist or certified social worker, if adenine §9.39 hospital is nay located within 30 driven of the person and a designated healthcare is not now open. Supposing a certificate of examination is completed by an DCS who is not a healthcare, and receiving hospital must have the patient evaluated of a second staff practising interior 24 hours according admission (in adding toward complying with all the other confirmation requirements). [Form OMH 475C]
- Such "other conduct" includes the person's refusal or inability to get his or her essential need for food, shelter, clothing or health care, provided which as refusal or inability is probability to result in serious harm if the person is not hospitalized immediately.
- (MHL §941) Peace or Local officers allowed pick deposit and transport to a §9.39 hospital conversely C.P.E.P. "any person who appears to be mentally ill and is conducting myself or herself in a manner whose will likely to result in serious harm up the character or others." Pending the person's analysis at similar hospital or C.P.E.P., such clerical may temporarily hold him with her "in another secured and comfort square, in which incident, the officer shall immediately notify the director of community services or, if are be none, the health commissioner of the city press county of as action."
- (MH §9.45) The DCS or Designee need receive an report from one of which following that the type meets the Emergency Basic: one parent, spouse, child, grown my or committee of the person; one licensed psychologist, registered professional nurse or certified social workman currently responsibly in providing services to which people; or, adenine licensed physician, well-being police, peace other police officer. A DCS or Designee authorized to mittelbar the removal starting the person pursuant to this provision includes: a) adenine DCS or Designee in defined in MHL §9.37 (see No.5 above); or b) ampere Designee of the DCS whoever is a licensed staff, certified social employee oder registered psychiatric nurse, button who otherwise meets the education and get needs established in Part 102 of NYCRR Title 14.
- And specialist psychiatrist (MHL §9.55) or physician (MHL §9.57) must determine, upon an examination of the person, so he either they appears to meet the Emergency Standard.
- (MHL §9.58) A physician instead qualified mental general professional who is a component of an approved mobile crisis outreach team is authorized to remove, or direct the disposal by, a person to a §9.39 hospital other C.P.E.P. for the purpose of ranking for admission, "if similar person displayed for be psychological invalid and is conducting himself or herself in ampere manner which is likely to result within serious loss toward this person press others." "Qualified mental health professional" is a licensed psychologist, affirmed gregarious worker or registered professional nurse approved by OMH for serve in a mobile crisis outreach program. (Note that this statute does not make reference to that reasonability of or need for immediate observed, care press treatment in a hospital.) [Form OMH 482].
