Key Takeaways
- New York’s emergency holds come from Mental Hygiene Law Article 9 (e.g., 9.39, 9.40, 9.41).
- A 9.39 emergency admission can last up to 15 days — but cannot continue past 48 hours unless a second physician confirms the need.
- A 9.40 hold at a Comprehensive Psychiatric Emergency Program (CPEP) lasts up to 72 hours.
- The standard is mental illness likely to result in serious harm to self or others (including being unable to meet essential needs).
- Under 9.41, a police or peace officer can take a person in crisis into custody for evaluation.
How New York Handles Emergency Holds
Unlike California’s “5150,” New York refers to involuntary holds by their statute section in the Mental Hygiene Law (MHL) Article 9. The ones families encounter most are 9.39 (emergency admission to a hospital), 9.40 (a hold at a CPEP), and 9.41 (a police or peace officer taking someone into custody).
What Are the Criteria?
Across these sections, the core standard is a mental illness for which immediate care is appropriate and which is likely to result in serious harm. “Likelihood of serious harm” means a substantial risk of physical harm to oneself (including suicidal or self-harming behavior), a substantial risk of physical harm to others, or a substantial risk of harm because the person cannot meet essential needs like food, clothing, shelter, or medical care due to mental illness.
9.39, 9.40 and 9.41 Explained
9.39 (emergency admission): a hospital may admit a person on a staff physician’s examination for up to 15 days, but cannot keep them beyond 48 hours unless a second physician confirms the finding.
9.40 (CPEP): a Comprehensive Psychiatric Emergency Program can hold a person up to 72 hours, with the first physician exam beginning within 6 hours of arrival.
9.41 (police/peace officer): an officer can take a person who appears mentally ill and dangerous into custody and bring them to a 9.39 hospital or a 9.40 CPEP, where the timelines above then apply.
Who Can Initiate a Hold?
A hospital director can admit a person under 9.39 based on a staff physician’s exam; a police or peace officer can act under 9.41. For a longer, non-emergency involuntary admission under 9.27, two examining physicians must certify the need, along with an application that can be made by certain relatives, people the patient lives with, or designated officials. Family members typically start the process by bringing the person to an emergency room or calling for help.
What Happens Next?
After an emergency hold, a person may be discharged, agree to voluntary treatment, or be continued on involuntary status under 9.27. Patients have the right to request a court hearing to challenge their retention, and to legal representation. Note that some Article 9 provisions have scheduled updates in the coming years, so the exact procedures can change.
Frequently Asked Questions
How long is a psychiatric hold in New York?
A 9.39 emergency admission can last up to 15 days (but not past 48 hours without a second physician confirming), and a 9.40 CPEP hold lasts up to 72 hours.
What is a 9.39 in New York?
Section 9.39 of the Mental Hygiene Law allows a hospital to involuntarily admit a person for emergency care for up to 15 days when they have a mental illness likely to result in serious harm.
What is the difference between 9.39 and 9.40?
9.39 is an emergency admission to a hospital (up to 15 days); 9.40 is a hold at a Comprehensive Psychiatric Emergency Program, or CPEP (up to 72 hours).
Can police take someone for a psychiatric evaluation in New York?
Yes. Under section 9.41, a police or peace officer can take a person who appears to be mentally ill and conducting themselves in a way likely to result in serious harm into custody for evaluation.
What are the criteria for an involuntary hold in New York?
A mental illness for which immediate care is appropriate and that is likely to result in serious harm to the person or others, including being unable to meet essential needs because of the illness.
This article is for general education and is not legal or medical advice; laws change and details vary by county and facility. Related: Involuntary hold by state · California 5150. Sources: N.Y. Mental Hygiene Law Article 9 — §9.39 (emergency admissions), §9.40, §9.41, §9.27