§ 9.39 Emergency admissions for immediate observation, care, and\n treatment.\n (a) The director of any hospital maintaining adequate staff and\nfacilities for the observation, examination, care, and treatment of\npersons alleged to be mentally ill and approved by the commissioner to\nreceive and retain patients pursuant to this section may receive and\nretain therein as a patient for a period of fifteen days any person\nalleged to have a mental illness for which immediate observation, care,\nand treatment in a hospital is appropriate and which is likely to result\nin serious harm to themself or others. "Likelihood to result in serious\nharm" as used in this section shall mean:\n 1. substantial risk of physical harm to themself as manifested by\nthreats of or attempts at suicide or serious bodily harm or other\nconduct demonstrating that they are dangerous to themself, or\n 2. a substantial risk of physical harm to other persons as manifested\nby homicidal or other violent behavior by which others are placed in\nreasonable fear of serious physical harm, or\n 3. a substantial risk of physical harm to the person due to an\ninability or refusal, as a result of their mental illness, to provide\nfor their own essential needs such as food, clothing, necessary medical\ncare, personal safety, or shelter.\n The director shall cause to be entered upon the hospital records the\nname of the person or persons, if any, who have brought such person to\nthe hospital and the details of the circumstances leading to the\nhospitalization of such person. The director shall, in accordance with\nsection 33.13 of this chapter, upon admission of a person under this\nsection, ensure that reasonable efforts are made to identify and\npromptly notify any community provider of mental health services that\nmaintains such person on its caseload that such person has been received\nfor examination under this section.\n The director shall admit such person pursuant to the provisions of\nthis section only if a staff physician of the hospital upon examination\nof such person finds that such person qualifies under the requirements\nof this section. Such person shall not be retained for a period of more\nthan forty-eight hours unless within such period such finding is\nconfirmed after examination by another physician who shall be a member\nof the psychiatric staff of the hospital. Such person shall be served,\nat the time of admission, with written notice of their status and rights\nas a patient under this section. Such notice shall contain the patient's\nname. At the same time, such notice shall also be given to the mental\nhygiene legal service and personally or by mail to such person or\npersons, not to exceed three in number, as may be designated in writing\nto receive such notice by the person alleged to be mentally ill. If at\nany time after admission, the patient, any relative, friend, or the\nmental hygiene legal service gives notice to the director in writing of\nrequest for court hearing on the question of need for immediate\nobservation, care, and treatment, a hearing shall be held as herein\nprovided as soon as practicable but in any event not more than five days\nafter such request is received, except that the commencement of such\nhearing may be adjourned at the request of the patient. It shall be the\nduty of the director upon receiving notice of such request for hearing\nto forward forthwith a copy of such notice with a record of the patient\nto the supreme court or county court in the county where such hospital\nis located. A copy of such notice and record shall also be given to the\nmental hygiene legal service. The court which receives such notice shall\nfix the date of such hearing and cause the patient or other person\nrequesting the hearing, the director, the mental hygiene legal service\nand such other persons as the court may determine to be advised of such\ndate. Upon such date, or upon such other date to which the proceeding\
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