New York State Mental Health Involuntary Commitment Laws
- In New York state, an individual can be involuntarily committed to a mental health facility.gavel image by Cora Reed from Fotolia.com
An individual who has a mental health disorder, as well as those around him, may be unable to recognize signs and symptoms of the disorder that require inpatient care. Therefore, states have enacted laws directing that patients who are not thriving in outpatient settings be involuntarily admitted to a mental health facility to receive specialized care. Patient rights regarding involuntary admission vary by state. In New York state, a patient can be involuntarily admitted to a mental health facility for three reasons. - A psychiatist must assess a patient who has been involuntarily admitted in cases of emergency within 48 hours.hands of the businessman image by Alexey Klementiev from Fotolia.com
New York state law dictates that a patient can be admitted "based on the claim that the person has a mental illness which is likely to result in serious harm to self or others and for which immediate observation, care and treatment in a psychiatric center is appropriate." If involuntary emergency admission is warranted, a psychiatrist will examine the patient within 48 hours to determine her status, and, if necessary, the facility can keep the patient for up to 15 days. If the psychiatrist recommends involuntary admission beyond that time, the patient "must meet the requirements for, and be converted to, an involuntary admission based on medical certification." - For a patient's involuntary commitment to qualify for medical certification, his status must be evaluated by two physicians, and each of those physicians must believe, or "certify," that the patient will benefit from involuntary inpatient care. Additionally, an advocate for the patient, such as a family member (or in cases where no advocate is present, a government official), must submit an application for involuntary admission.
The mental health facility may keep the patient for up to 60 days. If the patient, a family member or a friend of the patient deems this amount of time excessive or unnecessary, she may "apply for a court hearing on this matter."
After 60 days, a facility director can recommend that the patient remain involuntarily for additional time. The director makes an application to a judge, who makes any decisions regarding additional inpatient admission time. The patient has the right to appeal the judge's decision and be represented accordingly. - A physician or a director of community services, upon patient evaluation, may certify that a patient is a harm to himself or to others and that immediate treatment is warranted. In these cases, the patient is involuntarily admitted to a mental health facility and examined by a psychiatrist within 72 hours. The psychiatrist then advises on the direction of care, and she may decide that the patient's status requires medical certification, in which case care would default to the provision of care outlined by that type of certification.
