2012 New York Consolidated Laws
MHY - Mental Hygiene
Title B - MENTAL HEALTH ACT
Article 9 - (9.01 - 9.63) HOSPITALIZATION OF THE MENTALLY ILL
9.01 - Definitions.


NY Ment Hygiene L § 9.01 (2012) What's This?
 
  § 9.01 Definitions.
    As used in this article:
    "in  need  of  care  and  treatment"  means that a person has a mental
  illness for which  in-patient  care  and  treatment  in  a  hospital  is
  appropriate.
    "in  need of involuntary care and treatment" means that a person has a
  mental illness for which care and treatment as a patient in  a  hospital
  is  essential to such person's welfare and whose judgment is so impaired
  that he is unable to understand the need for such care and treatment.
    "likelihood to result in serious harm" or "likely to result in serious
  harm" means (a) a substantial risk of physical harm  to  the  person  as
  manifested  by  threats of or attempts at suicide or serious bodily harm
  or other conduct demonstrating that the person is dangerous  to  himself
  or  herself, or (b) 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.
    "need for retention" means that a person who has been  admitted  to  a
  hospital  pursuant  to  this  article is in need of involuntary care and
  treatment in a hospital for a further period.
    "record"  of  a  patient  shall  consist  of  admission,  transfer  or
  retention  papers  and  orders,  and  accompanying data required by this
  article and by the regulations of the commissioner.
    "director of community  services"  means  the  director  of  community
  services  for  the  mentally  disabled  appointed  pursuant  to  article
  forty-one of this chapter.
    "qualified  psychiatrist"  means  a  physician  licensed  to  practice
  medicine in New York state who: (a) is a diplomate of the American board
  of  psychiatry  and  neurology  or  is  eligible to be certified by that
  board; or  (b)  is  certified  by  the  American  osteopathic  board  of
  neurology and psychiatry or is eligible to be certified by that board.

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