* § 9.40 Emergency observation, care and treatment in comprehensive\n psychiatric emergency programs.\n (a) The director of any comprehensive psychiatric emergency program\nmay receive and retain therein for a period not to exceed seventy-two\nhours, any person alleged to have a mental illness for which immediate\nobservation, care and treatment in such program is appropriate and which\nis likely to result in serious harm to the person or others. The\ndirector shall cause to be entered upon the program records the name of\nthe person or persons, if any, who have brought the person alleged to\nhave a mental illness to the program and the details of the\ncircumstances leading the person or persons to bring the person alleged\nto have a mental illness to the program. The director shall, in\naccordance with section 33.13 of this chapter, upon receipt of a person\nunder this section, ensure that reasonable efforts are made to identify\nand promptly notify any community provider of mental health services\nthat maintains such person on its caseload.\n (a-1) The director shall cause triage and referral services to be\nprovided by a psychiatric nurse practitioner or physician of the program\nas soon as such person is received into the comprehensive psychiatric\nemergency program. After receiving triage and referral services, such\nperson shall be appropriately treated and discharged, or referred for\nfurther crisis intervention services including an examination by a\nphysician as described in subdivision (b) of this section.\n (b) The director shall cause examination of such persons not\ndischarged after the provision of triage and referral services to be\ninitiated by a staff physician of the program as soon as practicable and\nin any event within six hours after the person is received into the\nprogram's emergency room. Such person may be retained for observation,\ncare and treatment and further examination for up to twenty-four hours\nif, at the conclusion of such examination, such physician determines\nthat such person may have a mental illness for which immediate\nobservation, care and treatment in a comprehensive psychiatric emergency\nprogram is appropriate, and which is likely to result in serious harm to\nthe person or others.\n (c) No person shall be involuntarily retained in accordance with this\nsection for more than twenty-four hours, unless (i) within that time the\ndetermination of the examining staff physician has been confirmed after\nexamination by another physician who is a member of the psychiatric\nstaff of the program and (ii) the person is admitted to an extended\nobservation bed, as such term is defined in section 31.27 of this\nchapter. At the time of admission to an extended observation bed, such\nperson shall be served with written notice of his status and rights as a\npatient under this section. Such notice shall contain the patient's\nname. The notice shall be provided to the same persons and in the manner\nas if provided pursuant to subdivision (a) of section 9.39 of this\narticle. Written requests for court hearings on the question of need for\nimmediate observation, care and treatment shall be made, and court\nhearings shall be scheduled and held, in the manner provided pursuant to\nsubdivision (a) of section 9.39 of this article, provided however, if a\nperson is removed or admitted to a hospital pursuant to subdivision (e)\nor (f) of this section the director of such hospital shall be\nsubstituted for the director of the comprehensive psychiatric emergency\nprogram in all legal proceedings regarding the continued retention of\nthe person.\n (d) If at any time it is determined that the person is no longer in\nneed of immediate observation, care and treatment in accordance with\nthis section and is not in need of involuntary care and treatment in a\nhospital, such person shall be released without regard to the provisions\nof section 29.15 of this chapter, unless such person agrees to be\na
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