|
MHL Admission Standard |
Who Applies for/Initiates Request for Hospital Evaluation |
Who examines at Time of Application | Available Transport |
Duration of Hospital Stay |
Involuntary – Two Physician Certificate (§9.27) (or “2PC”)Standard: person has a mental illness for which care & treatment in a mental hospital is essential to his/her welfare; person’s judgment is too impaired for him/her to understand the need for such care and treatment; as a result of his/her mental illness, the person poses a substantial threat of harm to self or others. (See below #3) |
Any of eleven parties may make application. (See below #4) [Form OMH 471] *Application for involuntary admission. |
Two MDs using Involuntary Standard [Form OMH 471A] *Physician Certificate (PC) *2 need to be filled out by different examining physicians. |
Peace/police officers/ambulance service may transport at examining MD’s request |
Up to 60 days.** Patient may be held involuntarily beyond 60 days if the hospital applies for a court order of retention and the court is satisfied the patient continues to meet the Involuntary Standard. (MHL §9.33) |
Involuntary – Director of Community Services (DCS) or Designee (§9.37)
|
DCS or Designee makes application. [Form OMH 475] |
DCS or Designee using Emergency Standard. (See below #5) [Form OMH 475A/475B] |
Peace/police officers must transport at DCS or Designee’s request. Ambulance service is authorized to transport. [Form OMH 475] |
Up to 60 days.** Patient may be held involuntarily beyond 60 days if the hospital applies for a court order of retention and the court is satisfied the patient continues to meet the Involuntary Standard. (MHL §9.33) |
3. “Substantial threat of harm” may encompass (i) the person’s refusal or inability to meet his or her essential need for food, shelter, clothing or health care, or (ii) the person’s history of dangerous conduct associated with noncompliance with mental health treatment programs.
4. (MHL §9.27) The following eleven parties may be applicants for a person’s involuntary admission: 1) someone residing with the person; 2) person’s father, mother, spouse, sibling, child or nearest relative; 3) committee of person; 4) officer of any public or well recognized charitable agency or home in whose institution the person resides; 5) DCS or Director of Social Services; 6) Director of hospital in which the person is hospitalized; 7) Director of a facility providing care to alcoholics, substance abusers or substance dependent persons; 8) Director of Division for Youth; 9) Social Services official or authorized agency with custody or guardianship of children over 16 years of age; 10) someone having custody of a child pursuant to Family Court Act §756 or §1055; or, 11) qualified psychiatrist who is either supervising the treatment of or treating person for a mental illness in a facility licensed or operated by OMH.
5. (MHL §937) A DCS or Designee authorized to certify persons pursuant to 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 Health, or c) in counties with a population of less than 200,000, a DCS who is a licensed psychologist or certified social worker, if a §9.39 hospital is not located within 30 miles of the person and a designated physician is not immediately available. If a certificate of examination is completed by a DCS who is not a physician, the receiving hospital must have the patient evaluated by a second staff physician within 24 hours after admission (in addition to complying with all the other confirmation requirements). [Form OMH 475C]
6. Such “other conduct” includes the person’s refusal or inability to meet his or her essential need for food, shelter, clothing or health care, provided that such refusal or inability is likely to result in serious harm if the person is not hospitalized immediately.
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