Pocket card: legal statuses in the NY ED

The clocks

• §9.39 emergency — one staff physician’s certificate (a resident may sign), up to 15 days. 48-hour confirmation by another physician who is a member of the psychiatric staff, or the paper lapses.
• §9.27 involuntary (medical certification) — two examining physicians; admission good for up to 60 days — beyond 60 days requires a court order (§9.33).
• §9.37 DCS certificate — DCS/designee applies + staff physician confirms before admission; second certificate by psychiatric staff within 72 hours (Sundays/holidays excluded) if retained and won’t stay voluntarily.
• §9.13(b) retention — voluntary patient gives written notice to leave; director may retain up to 72 hours: two physicians examine and report separately to the director, who releases or applies for a court order.
• §9.29 notice (9.27 admissions) — director notifies MHLS forthwith (immediately); nearest relative (other than applicant) + up to 3 designees within 5 days (Sundays/holidays excluded).
• §9.39(a) notice (emergency) — patient served written notice at admission; simultaneously to MHLS + up to 3 patient-designated persons. No nearest-relative provision.
• §9.07 — notice of rights + MHLS availability to every patient, voluntary or not.

The 9.x comparison

Status	Section	Can they leave?	Who decides?	Clock
Voluntary	9.13	Yes — written notice	Patient (written application)	—; 9.13(b) 72h if involuntary criteria met
Informal	9.15	Yes, anytime	Oral request	—
Emergency	9.39	No	One physician’s certificate	Up to 15 days; 48h psych confirmation
Involuntary (med. cert.)	9.27	No	Two physicians (or physician + psych NP); court for retention	Hearing 9.31; court retention 9.33
Involuntary (DCS cert.)	9.37	No	DCS/designee + staff physician confirm + 2nd psych cert	72h 2nd certificate (excl. Sun/hol)

Documentation checklist

• 9.39 reasonable cause — all three: (1) mental illness; (2) immediate hospital observation, care & treatment appropriate; (3) likely serious harm — self / others / unable to meet essential needs (food, clothing, medical care, safety, shelter) due to mental illness. Write the facts, not conclusions.
• Notices given: chart that the patient was served and MHLS/designees notified (9.39(a) at admission; 9.29 forthwith/5-day for 9.27).
• 48-hour confirmation (9.39): name the psychiatric staff confirmer and time — or the paper lapses.
• Transfers: status travels, clocks don’t restart; no involuntary transfer without MHLS notice (9.27(f)); no court order needed for routine transfer.
• Refusal: involuntary ≠ forced medication — Rivers doctrine, court order required (emergency exception: imminent danger — Lesson 8).
• Doors ≠ admission: 9.41/9.45 transport the patient; only the examination writes the admission.

© 2026 Nilux Clinic, PC. All rights reserved. Educational only — not legal advice. Confirm hospital policy and attending guidance.