Transport and Civil Voluntary and Involuntary Admissions Statutes

These tables are intended to support professionals in understanding Article 9 Mental Hygiene Law related to Transport and Civil Voluntary and Involuntary Admissions. Please see Table 1 for Transport Statutes and Table 2 for Civil Voluntary and Involuntary Admissions Statutes.

Table 1 – Transport Statutes

Please note: MHL 9.63 requires appropriate attempts shall be made to elicit the cooperation of the individual to be transported prior to resorting to compulsory means of transportation.

Statute	OMH Form	Who Is Authorized?	Available Transport	Destination of Removal	Notes
§9.41 Emergency Assessment and Transport—Powers of Peace Officers and Police Officers	OMH Form 474A/476A: CUSTODY/TRANSPORT TO §9.39 EMERGENCY DEPARTMENT or CPEP BY PEACE OFFICERS AND POLICE OFFICERS	Peace officers and police officers	Peace/police officers may transport at initiator's request Ambulance service is authorized to transport	9.39 Emergency Departments (ED) Comprehensive Psychiatric Emergency Programs (CPEPs) Crisis Stabilization Centers (voluntary only)
§9.43 Emergency Assessment and Transport—Powers of Courts	OMH Form 465: CIVIL ORDER FOR TRANSPORT TO §9.39 EMERGENCY DEPARTMENT or CPEP BY COURTS	Court (through civil order)	Peace/police officers may transport at initiator's request Ambulance service is authorized to transport	9.39 Emergency Departments (ED) Comprehensive Psychiatric Emergency Programs (CPEPs) Crisis Stabilization Centers (voluntary only)
§9.45 Emergency Assessment and Transport—Powers of DCS or Designee	OMH Form 474A-476A-2: CUSTODY/TRANSPORT TO §9.39 EMERGENCY DEPARTMENT or CPEP ON REQUEST BY A DIRECTOR OF COMMUNITY SERVICES (DCS) OR DESIGNEE	A Director of Community Services (DCS) as defined in MHL 9.01, or Designee	Peace/police officers may transport at initiator's request Ambulance service is authorized to transport	9.39 Emergency Departments (ED) Comprehensive Psychiatric Emergency Programs (CPEPs) Crisis Stabilization Centers (voluntary only)	The DCS or Designee must receive a report from one of the following that the person meets the Emergency Standard: a parent, spouse, child, adult sibling or committee of the person; a licensed psychologist, registered professional nurse or certified social worker currently responsible for providing services to the person; or, a licensed physician, health officer, peace or police officer.
§9.55 Emergency Admissions and Transport—Powers of Qualified Psychiatrists	OMH Form 474A-476A-3: CUSTODY/TRANSPORT TO §9.39 EMERGENCY DEPARTMENT or CPEP ON REQUEST BY A QUALIFIED PSYCHIATRIST	A qualified psychiatrist supervising or providing treatment in an OMH licensed or operated facility without a psychiatric inpatient unit	Peace/police officers may transport at initiator's request Ambulance service is authorized to transport	9.39 Emergency Departments (ED) Comprehensive Psychiatric Emergency Programs (CPEPs) Crisis Stabilization Centers (voluntary only)	A qualified psychiatrist means a physician licensed to practice medicine in NY state, who: is a diplomate of the American Board of Psychiatry and Neurology or is eligible to be certified by that Board, or who is certified by the American Osteopathic Board of Neurology and Psychiatry or is eligible to be certified by that Board. The qualified psychiatrist must determine, upon an examination of the person, that they appear to meet the Emergency Standard.
§9.57 Emergency Admissions and Transport—Powers of Emergency Room Physicians	OMH Form 474A-476A-4: CUSTODY/TRANSPORT TO §9.39 EMERGENCY DEPARTMENT or CPEP ON REQUEST BY AN EMERGENCY DEPARTMENT PHYSICIAN	Director, or their designee, of a general hospital without a psychiatric inpatient unit, upon the recommendation of an Emergency Room MD; or, director of a CPEP, or their designee, upon the recommendation of a CPEP MD	Peace/police officers may transport at initiator's request Ambulance service is authorized to transport	9.39 Emergency Departments (ED) Comprehensive Psychiatric Emergency Programs (CPEPs) Crisis Stabilization Centers (voluntary only)	The qualified physician must determine, upon an examination of the person, that they appear to meet the Emergency Standard.
§9.58 Emergency Assessment and Transport—Powers of Approved Mobile Crisis Outreach Teams	OMH Form 482: CUSTODY/TRANSPORT TO §9.39 EMERGENCY DEPARTMENT OR CPEP ON REQUEST BY AN APPROVED MOBILE CRISIS OUTREACH TEAM	A physician or qualified mental health professional who is a member of an approved mobile crisis outreach team.	Peace/police officers may transport at initiator's request Ambulance service is authorized to transport Approved Mobile Crisis Outreach Team	9.39 Emergency Departments (ED) Comprehensive Psychiatric Emergency Programs (CPEPs) Crisis Stabilization Centers (voluntary only)	Qualified mental health professional” means a licensed psychologist, a 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).

Table 2 – Civil Voluntary and Involuntary Admissions

Statute	OMH Form	Duration	Who Makes Initial Determination or Application	Who Conducts Initial Examination(s) For Admission Involuntary Admissions	Who Conducts Confirmation Examination	Notes
Involuntary Admissions
§9.27 Involuntary Admissions on Medical Certification (“2PC”)	OMH Forms 471, 471A, 471B: APPLICATION FOR INVOLUNTARY ADMISSION ON MEDICAL CERTIFICATION	60 Days	Application by an approved party	Two physicians or a physician and a psychiatric nurse practitioner	A psychiatrist at the admitting inpatient program. Must be completed within 72 hours	The following eleven parties may be applicants for a person's involuntary admission: someone residing with the person; person's father, mother, spouse, sibling, child or nearest available relative; committee of person; officer of any public or well recognized charitable institution or agency or home in whose institution the person resides, including superintendents of correctional facilities and DOCCS authorized designee for community supervision where the person is released; DCS or Director of Social Services Director of hospital in which the person is hospitalized; Director of a facility providing care to alcoholics, substance abusers or substance dependent persons; Director of Division for Youth; Social Services official or authorized agency with custody or guardianship of children over 16 years of age; someone having custody of a child pursuant to Family Court Act §756 or §1055; or, qualified psychiatrist who is either supervising the treatment of or treating person for a mental illness in a facility licensed or operated by OMH.
§9.37 Involuntary admission on certificate of a DCS or Designee	OMH Forms 475, 475A-D: APPLICATION FOR INVOLUNTARY ADMISSION ON CERTIFICATION OF A DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE	60 Days	County Director of Community Service who is a physician or a designee who is a physician	Hospital physician if application was completed by a psychologist or social worker. Must be completed within 24 hours	A psychiatrist at the admitting inpatient program. Must be completed within 72 hours	In counties with fewer than 200,000 people, a DCS who is psychologist or social worker may complete application without examination of a physician if there: is not a 9.39 hospital within thirty miles of the patient; and, the DCS has made reasonable effort to locate an examining physician and the examining physician is not immediately available; and, the DCS after personally observing the person, reasonably believes the person has a mental illness likely to result in serious harm to himself or others and inpatient care may be appropriate.
§9.39 Emergency Admission for Immediate Observation, Care, and Treatment	OMH Form 474: EMERGENCY ADMISSION	15 Days	N/A	Hospital Physician	Psychiatrist signs to confirm need for emergency admission beyond 48 hours
§ 9.40 CPEP Emergency Admission	OMH Form 476: CPEP EMERGENCY ADMISSION	Up to 72 hours from receipt into the CPEP. After 24 hours the individual must be converted to an Extended Observation Bed (EOB).	N/A	Physician within 6 hours of receipt by the CPEP	Psychiatrist signs within 24 hours of receipt by the CPEP to stay beyond 24 hours
Voluntary Admissions
§ 9.13 Voluntary Request for Hospitalization	OMH Forms 472, 472-SR1, 472-SR2: VOLUNTARY REQUEST FOR HOSPITALIZATION	Indefinite Patient to notify hospital in writing of their desire to leave. If director objects, he or she must apply within 72 hours for a court order of retention	Patient or legal guardian (see notes for minors)	Physician or Psychiatric Nurse Practitioner		A minor 16 or older can seek admission to a psychiatric hospital without parental or legal guardian consent. The director of the hospital must be in agreement to accept the minor’s application without parental or legal guardian consent. For minors 15 and under, the parent or legal guardian must consent. There are instances where an individual under 18 is not considered a minor and can sign themselves in. For more information on who is considered a minor, and minor’s rights see Minors’ Rights to Mental Health Treatment under Mental Hygiene Law.
§ 9.40 Voluntary CPEP Emergency Admission	OMH Form 476A: VOLUNTARY REQUEST FOR COMPREHENSIVE PSYCHIATRY EMERGENCY PROGRAM (CPEP) ADMISSION	Up to 72 hours from receipt by the CPEP. After 24 hours the individual must be converted to an Extended Observation Bed (EOB).	Patient or legal guardian (see notes for minors)	Physician	Psychiatrist signs within 24 hours of receipt by the CPEP to stay beyond 24 hours	A minor 16 or older may voluntarily seek treatment and admission at a CPEP without parental or guardian consent. This does not apply to administration of psychotropic medications in an outpatient setting. A minor 15 and under must have consent of a parent or legal guardian to seek CPEP services or admission. There are instances where an individual under 18 is not considered a minor and can sign themselves in. For more information on who is considered a minor, and minor’s rights see Minors’ Rights to Mental Health Treatment under Mental Hygiene Law.