{"jurisdiction": "us-ny", "code": "mhl", "section": "9.64", "citation": "MHL § 9.64", "heading": "Notice of admission determination to community provider", "text": ["§ 9.64 Notice of admission determination to community provider.", "Upon an admission to a hospital or received as a patient in a comprehensive psychiatric emergency program, the director of such hospital or program shall, in accordance with section 33.13 of this chapter, ensure that reasonable efforts are made to identify and promptly notify of such determination any community provider of mental health services that maintains such person on its caseload."], "official_source": "https://www.nysenate.gov/legislation/laws/MHY/9.64", "from_official_api": true, "plain_english": "On admission to a hospital or CPEP, the director must (per § 33.13) make **reasonable efforts to identify and promptly notify any community mental-health provider** that keeps the person on its caseload.\n\n---\n\n**★ Exam hits:**\n- **Routes & their clocks:** Voluntary — **72-hour** hold after a written request to leave, then court, hearing in **3 days**. Medical certification (**\"2 PC\"** = two physicians / or MD + psych NP), application/exam **within 10 days**; third **staff-psychiatrist** confirmation before admission. Emergency (§ 9.39) = **15 days**, second-physician confirm within **48 hours**, hearing within **5 days**. CPEP (§ 9.40) = **72 hours**, exam started within **6 hours**, second confirm + extended-observation bed by **24 hours**. DCS (§ 9.37) = confirm within **72 hours**.\n- **Court retention ladder (§ 9.33):** apply within **60 days** of admission; **1st order ≤ 6 months → 2nd ≤ 1 year → each later ≤ 2 years**. Silence for **5 days** = retention order without a hearing.\n- **§ 9.31 hearing:** demand within **60 days**, court sets it within **5 days**; **county-clerk papers are SEALED**.\n- **§ 9.35 jury rehearing:** petition a **different justice within 30 days** for a **jury** trial on mental illness/retention.\n- **Notices:** MHLS gets notice **forthwith / within 3 days for minors**; records to MHLS within **5 days (excl. Sun/holidays)**; nearest relative + up to **3 designees** within **5 days**; voluntary/informal reminders every **120 days**; voluntary/informal status review cap **12 months**.\n- **Kendra's Law / AOT (§ 9.60):** **age 18+**, filed in **Supreme/County Court**, hearing in **3 days**, physician exam within **10 days**, criteria proven by **clear and convincing evidence**, order **≤ 1 year** (renewable ≤ 1 year), 24-hour hold for a refused exam. **Non-compliance ≠ contempt and ≠ automatic commitment.**\n- **§ 9.46 SAFE Act:** clinician → DCS → DCJS report tied to **Penal Law § 400.00** firearm licenses.\n- **§ 9.59 immunity:** transporters liable only for **gross negligence**.\n- Alcohol/substance abuse **never** blocks commitment when the person is also mentally ill (recurs in §§ 9.27, 9.37, 9.39, 9.40).\n\n\n---\n*Verbatim statute:* [[MHL - Article 9]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/mhl/9.64", "publisher": "Elyphived LLC"}