What is the mental hygiene law in NYS?

Informal (§9.15) Standard: person has a mental illness for which care & treatment in a mental hospital is appropriate; person is suitable for admission on an informal basis and does not pose a substantial threat of harm to self or others.

Does NY have a Baker Act law?

Kendra’s Law, effective since November 1999, is a New York State law concerning involuntary outpatient commitment also known as assisted outpatient treatment. It grants judges the authority to issue orders that require people who meet certain criteria to regularly undergo psychiatric treatment.

What legislation applies to mental health?

The Mental Health Act is the law governing the compulsory treatment of certain people who have a mental disorder. It is the main piece of legislation that covers the assessment, treatment and rights of people with a mental health disorder.

Can the police detain you under the mental health Act?

Section 136 allows the police to take you to (or keep you at) a place of safety. They can do this without a warrant if: you appear to have a mental disorder, AND. you are in any place other than a house, flat or room where a person is living, or garden or garage that only one household has access to, AND.

What is the Baker Act in NY?

The Baker Act allows 72 hours of involuntary observation to see whether someone is in fact an imminent danger to himself or others.

How do you Baker Act someone in New York?

An involuntary Baker Act is when a person is taken to a receiving facility for involuntary examination when there is reason to believe that he or she is mentally ill and because of his or her mental illness, the person has refused voluntary examination; the person is unable to determine for himself or herself whether …

What is Section 132 Mental Health Act?

Section 132 – Process of Providing Information As soon as a patient is detained under the Act the patient must be given their rights orally and in writing, unless it is not practicable at that time. If this is the case, it must be documented in the patient’s electronic care record.

What is tarasoff rule?

In 1985, the California legislature codified the Tarasoff rule: California law now provides that a psychotherapist has a duty to protect or warn a third party only if the therapist actually believed or predicted that the patient posed a serious risk of inflicting serious bodily injury upon a reasonably identifiable …

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