2006 New York Code - Transport For Evaluation; Powers Of Approved Mobile Crisis Outreach Teams.

 
  § 9.58 Transport  for  evaluation;  powers  of  approved  mobile  crisis
           outreach teams.
    (a) A physician or qualified  mental  health  professional  who  is  a
  member  of  an approved mobile crisis outreach team shall have the power
  to remove, or pursuant to subdivision (b) of this section, to direct the
  removal of any  person  to  a  hospital  approved  by  the  commissioner
  pursuant  to  subdivision  (a)  of section 9.39 or section 31.27 of this
  chapter for the purpose of  evaluation  for  admission  if  such  person
  appears  to  be  mentally  ill and is conducting himself or herself in a
  manner which is likely to result  in  serious  harm  to  the  person  or
  others.
    (b)  If  the  team  physician  or qualified mental health professional
  determines that it is necessary to effectuate transport, he or she shall
  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  persons  identified  in  subdivision  (a) of this section. Upon the
  request of such physician or qualified mental  health  professional,  an
  ambulance  service,  as  defined  in  subdivision  two  of section three
  thousand one of the public health law, is authorized  to  transport  any
  such  persons.  Such  persons  may  then  be  evaluated for admission in
  accordance with the provisions of section  9.27,  9.39,  9.40  or  other
  sections  of  this article, provided that such admission decisions shall
  be made independent of the fact that the person was transported pursuant
  to the provisions of this section and, provided further, such  transport
  shall  not  create a presumption that the person should be involuntarily
  admitted to a hospital.
    (c) The commissioner shall be  authorized  to  develop  standards,  in
  consultation  with  the commissioner of the division of criminal justice
  services, relating to the training  requirements  of  teams  established
  pursuant  to  this  section.  Such training shall, at a minimum, help to
  ensure that the provision of crisis and emergency services are  provided
  in  a  manner  which  protects  the  health  and safety and respects the
  individual needs and rights of persons being  evaluated  or  transported
  pursuant to this section.
    (d) As used in this section:
    (1) "Approved  mobile  crisis  outreach  team"  shall  mean  a team of
  persons operating as part of a mobile crisis outreach  program  approved
  by  the  commissioner  of mental health, which may include mobile crisis
  outreach teams funded pursuant to section 41.55 of this chapter.
    (2)  "Qualified mental health  professional"  shall  mean  a  licensed
  psychologist,  registered  professional  nurse, licensed clinical social
  worker or a licensed master social worker under  the  supervision  of  a
  physician, psychologist or licensed clinical social worker.