Schoolcraft v. The City Of New York et al

Filing 311

FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Smith, Nathaniel) Modified on 12/24/2014 (db).

PLAINTIFF'S MOTION
EXHIBIT 39

THE JAMAICA HOSPITAL MEDICAL CENTER
DEPARTMENT OF PSYCHIATRY MANUAL
SUBJECT:

EMERGENCY ADMISSION STATUS

ISSUED:

!·

4/95

i
!

REVIEWED: 9/96, 4/99, 4/00, 4/01, 4/02, 04/03, 04/04, 04/05,
04/06, 4/07, 4/08, 4/09, 4/10

References:
New York State Mental Hygiene Law, Title B,
Article 9.39; NYCRR XIV, Sec. 15.2,15.3,15.9.
Policy:
Jamaica Hospital Medical Center will admit appropriate patients
in emergency situations under New York State Mental Hygiene Law,
Article 9.39, with careful attention to the preservation of
their legal rights as well as to their safety.
Patients alleged to have a mental illness for which immediate
observation, care and treatment in a hospital is appropriate and
which is likely to result in serious harm to himself or others,
may be admitted under this provision for a period of 15 days.
"~Likelihood

to result in serious harm' is defined as:

(1)

Substantial risk of physical har:m to himself as
manifested by threats of or attempts at suicide or
serious bodily harm or other conduct demonstrating
that he is dangerous to himself; OR

(2)

a substantial risk of physical harm to other persons
as manifested by homicidal or other violent behavior
by which others are placed in reasonable fear of
serious physical harm.'"

The admitting physician must be licensed in New York State.

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THE JAMAICA HOSPITAL MEDICAL CENTER
DEPARTMENT OF PSYCHIATRY MANUAL

Procedure:
1.
Following an examination and interviews with
other informants which may be available, should the examining
physician consider the patient to meet the criteria above, he
should certify this finding on Form OMH 474.
2.
The admitting doctor will record on OMH Form 474 the names
of the people bringing the patient to the hospital," and the
circumstances leading to the hospitalization.
3.
The admitting doctor will inform the patient and provide
him with written notice of his status and rights, using OMH Form
474A. A signed copy of the notice must be placed in the
patient's record.
4.
The admitting doctor will be responsible for assuring that
a second examination of the patient is conducted within 48 hours
of admission, for the purpose of confirmation of need for
emergency admission. If the admission occurs during routine
weekday hours, th~admitting doctor will arrange for a
psychiatrist with admitting privileges to conduct this second
examination immediately. At other times, the admitting doctor
is to tell his successor on-call of the necessity of the
confirmation examination. Any difficulty in making such
arrangements is to be immediately referred to the Chairman or
one acting in his behalf.
5.
The second examining psychiatrist must inquire of the
patient if the patient is willing to convert to voluntary
status. Should the patient reject this suggestion, and should
the psychiatrist find that the patient does not meet the above
criteria for emergency hospitalization, he must immediately
contact the Chairman, or one acting in his behalf, prior to
completion of page #2 of OMH 474. Should he concur that the
patient meets the criteria above for emergency admission, he
should proceed to complete page i2 of OMH Form 474.
6.
If at any time after admission the patient, a relative or
friend, or the MHLS gives written notice to the director of a
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THE JAMAICA HOSPITAL MEDICAL CENTER
DEPARTMENT OF PSYCHIATRY MANUAL
request for a court hearing, the director will immediately
deliver to the Supreme Court of Queens County and to the Mental
Health Legal Service a copy of the notice and a copy of the '
patient record.
7.
Within fifteen days of admission, the legal status of the
patient must be converted to Voluntary, or to Involuntary (under
section 9.27, "APPLICATION FOR INVOLUNTARY ADMISSION ON MEDICAL
CERTIFICATION") legal status, or discharged. If the patient is
converted to Involuntary legal status under Section 9.27, the
sixty day period of hospitalization which is authorized is to be
regarded as starting at the time the patient was first
hospitalized as an emergency admission.

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