§ 9.01 Definitions.\n As used in this article:\n (a) "in need of care and treatment" means that a person has a mental\nillness for which in-patient care and treatment in a hospital is\nappropriate.\n (b) "in need of involuntary care and treatment" means that a person\nhas a mental illness for which care and treatment as a patient in a\nhospital is essential to such person's welfare and whose judgment is so\nimpaired that the person is unable to understand the need for such care\nand treatment.\n (c) "likelihood to result in serious harm" or "likely to result in\nserious harm" means 1. a substantial risk of physical harm to the person\nas manifested by threats of or attempts at suicide or serious bodily\nharm or other conduct demonstrating that the person is dangerous to\nthemself, or 2. a substantial risk of physical harm to other persons as\nmanifested by homicidal or other violent behavior by which others are\nplaced in reasonable fear of serious physical harm, or 3. a substantial\nrisk of physical harm to the person due to an inability or refusal, as a\nresult of their mental illness, to provide for their own essential needs\nsuch as food, clothing, necessary medical care, personal safety, or\nshelter.\n (d) "need for retention" means that a person who has been admitted to\na hospital pursuant to this article is in need of involuntary care and\ntreatment in a hospital for a further period.\n (e) "record" of a patient shall consist of admission, transfer or\nretention papers and orders, and accompanying data required by this\narticle and by the regulations of the commissioner.\n (f) "director of community services" means the director of community\nservices appointed pursuant to article forty-one of this chapter.\n (g) "qualified psychiatrist" means a physician licensed to practice\nmedicine in New York state who: 1. is a diplomate of the American board\nof psychiatry and neurology or is eligible to be certified by that\nboard; or 2. is certified by the American osteopathic board of neurology\nand psychiatry or is eligible to be certified by that board.\n
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