New York Consolidated Laws, Mental Hygiene Law - MHY § 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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