2006 New York Code - Emergency Admissions For Immediate Observation, Care And Treatment; Powers Of Emergency Room Physicians.

 
  * § 9.57 Emergency   admissions  for  immediate  observation,  care  and
             treatment; powers of emergency room physicians.
    A physician who has examined a person in an emergency room or provided
  emergency medical services at a general hospital, as defined in  article
  twenty-eight  of the public health law, which does not have an inpatient
  psychiatric service, or a physician who  has  examined  a  person  in  a
  comprehensive  psychiatric  emergency  program  shall  be  authorized to
  request that the director of the program or hospital, or the  director's
  designee,  direct  the  removal of such person to a hospital approved by
  the commissioner pursuant to subdivision (a) of  section  9.39  of  this
  article  or  to  a  comprehensive  psychiatric emergency program, if the
  physician determines upon examination of such person  that  such  person
  appears  to have a mental illness for which immediate care and treatment
  in a hospital is appropriate and which is likely to  result  in  serious
  harm  to  himself  or  others.  Upon  the  request of the physician, the
  director of the program or  hospital  or  the  director's  designee,  is
  authorized  to  direct  peace  officers,  when  acting pursuant to their
  special duties, or police officers, who are  members  of  an  authorized
  police  department  or  force  or of a sheriff's department to take into
  custody and transport any such person. Upon the request of an  emergency
  room  physician  or  the  director  of  the  program or hospital, or the
  director's designee, an ambulance service, as defined by subdivision two
  of section three thousand one of the public health law, is authorized to
  take into custody and transport any such person. Such person may then be
  admitted to a hospital in accordance with the provisions of section 9.39
  of this article or to a comprehensive psychiatric emergency  program  in
  accordance with the provisions of section 9.40 of this article.
    * NB Effective until July 1, 2008
  * § 9.57 Emergency   admissions  for  immediate  observation,  care  and
             treatment; powers of emergency room physicians.
    A physician who has examined a person in an emergency room or provided
  emergency medical services at a general hospital, as defined in  article
  twenty-eight  of the public health law, which does not have an inpatient
  psychiatric service, shall be authorized to request that the director of
  the hospital, or his designee, direct the removal of such  person  to  a
  hospital  approved  by  the  commissioner pursuant to subdivision (a) of
  section  9.39  of  this  article,  if  the  physician  determines   upon
  examination  of  such  person  that such person appears to have a mental
  illness for  which  immediate  care  and  treatment  in  a  hospital  is
  appropriate  and which is likely to result in serious harm to himself or
  others, as defined in section 9.39 of this article. Upon the request  of
  the  physician,  the  director  of  the  hospital  or  his  designee, is
  authorized to direct peace  officers,  when  acting  pursuant  to  their
  special  duties,  or  police  officers, who are members of an authorized
  police department or force or of a sheriff's  department  to  take  into
  custody  and transport any such person. Upon the request of an emergency
  room physician or the director of the  hospital,  or  his  designee,  an
  ambulance  service,  as  defined  by  subdivision  two  of section three
  thousand one of the public  health  law,  is  authorized  to  take  into
  custody  and transport any such person. Such person may then be admitted
  in accordance with the provisions of section 9.39 of this article.
    * NB Effective July 1, 2008