Title MHY, Mental Hygiene

§ 19.20 Review of criminal history information concerning certain\n prospective employees and volunteers.\n * Every provider of services who contracts with or is approved or\notherwise authorized by the office to provide services, except (1) a\ndepartment facility, (2) a hospital…

§ 19.20-a Review of criminal history information concerning prospective\n providers, operators and individuals seeking to be\n credentialed by the office.\n * The office shall be authorized to receive from the division of\ncriminal justice services criminal history information, a…

§ 19.21 Programs, services, and operation of facilities certified or\n licensed by the office of alcoholism and substance abuse\n services; temporary emergency operating certificates and\n licenses.\n (a) The office shall inspect and approve or disapprove the facilities\nof and t…

§ 19.23 Education and training.\n (a) The commissioner shall have the power to establish such programs\nof training and education related to alcoholism, substance abuse, and\nchemical dependence as the commissioner shall deem desirable.\n (b) The commissioner may grant leaves of …

§ 19.25 Alcohol awareness program.\n (a) The office shall establish an alcohol awareness program within the\noffice which shall focus upon, but not be limited to, the health effects\nand social costs of alcoholism and alcohol abuse.\n (b) The form, content and method of presentat…

§ 19.27 Methamphetamine awareness and education program.\n The office shall serve as the principle source for the statewide\ndissemination of information on methamphetamines. The office shall\nestablish a methamphetamine awareness and education program that shall\ninclude but not…

§ 19.28 Receipt and disbursement of federal funds.\n (a) The commissioner may receive, use, or distribute federal financial\nor technical assistance to support construction of facilities, research,\nstaffing, or other programs or activities for alcoholism, substance\nabuse, or ch…

§ 19.29 Gifts.\n (a) The commissioner, on behalf of the state and if in the public\ninterest, shall accept, hold in trust, administer, apply, execute, or\nuse gifts, devises, bequests, grants, powers, or trusts of personal or\nreal property made to the state, the office of alcoho…

§ 19.31 Medication assisted treatment training requirement.\n Every person who is a credentialed alcoholism and substance abuse\ncounselor pursuant to subdivision (d) of section 19.07 of this article\nwho provides treatment or counseling services at a substance use\ndisorder faci…

§ 19.35 Actions against persons rendering professional services at the\n request of the office; defense and indemnification.\n The provisions of section seventeen of the public officers law shall\napply to any physician, psychologist, nurse, optometrist, licensed\nmaster social w…

§ 19.40 Provision of chemical dependence services.\n (a) Notwithstanding any other provision of law, the office shall have\nthe authority to issue a single operating certificate for the provision\nof chemical dependence services to providers of alcoholism and/or\nsubstance abuse …

§ 19.41 Facilities; receivership.\n a. The owner or owners of any facility may at any time request the\noffice to take over the operation of such facility by the appointment of\na receiver. Upon receiving such a request, the office may, if it deems\nsuch action desirable, enter i…

§ 19.42 Medical advisory panel.\n There is hereby created within the office, a medical advisory panel.\n (a) The panel shall consist of such officers and members as are\nappointed by, and who serve at the pleasure of the commissioner. Members\nshall include physicians and other m…

§ 19.43 Retaliatory personnel actions.\n Employees of facilities, programs and providers operated, licensed,\ncertified, authorized or funded by the office shall have protection from\nretaliatory action from employers as provided for in sections seven\nhundred forty and seven hun…

* § 19.45 Substance use disorder education and recovery grants.\n (a) The office shall develop and implement a program which provides\ngrants to organizations engaged in activities which are dedicated to\nproviding education, prevention, treatment or recovery to those\nsuffering …

* § 19.45 The council for treatment equity.\n 1. Definitions. As used in this section:\n (a) "Council" shall mean the council for treatment equity, within the\noffice of addiction services and supports, created pursuant to this\nsection which shall consist of a director and any a…

§ 22.01 Admission to chemical dependence programs, treatment facilities\nand services.\n Unless otherwise specifically provided for by statute, a person\nsuffering from chemical abuse or dependence shall be admitted to a\nchemical dependence program, service, or treatment facilit…

§ 22.03 Patient rights; notice to all patients of their rights.\n (a) Notwithstanding any other provision of law including but not\nlimited to the election law, no person's rights as a citizen of the\nUnited States or of the state of New York shall be forfeited or abridged\nbecau…

§ 22.05 Patient's records.\n (a) After the admission of any patient, the director of a chemical\ndependence program or treatment facility shall, within five days\nexcluding Sunday and holidays, forward to the office such information\nfrom the record in such time and manner as the…

§ 22.07 Informal admission.\n For purposes of this chapter, the director of any chemical dependence\nprogram or treatment facility may receive therein as a patient any\nperson found by such director to be suitable for, and in need of, such\ncare and treatment and requesting admis…

§ 22.09 Emergency services for persons intoxicated, impaired, or\n incapacitated by alcohol and/or substances.\n (a) As used in this article:\n 1. "Intoxicated or impaired person" means a person whose mental or\nphysical functioning is substantially impaired as a result of the\np…

§ 22.11 Treatment of minors.\n (a) For the purposes of this section, the word "minor" shall mean a\nperson under eighteen years of age, but does not include a person who is\nthe parent of a child or has married or who is emancipated, or is a\nhomeless youth, as defined in section…

§ 25.01 Definitions.\n (a) As used herein:\n 1. "Local governmental unit" shall have the same meaning as that\ncontained in article forty-one of this chapter.\n 2. "Operating expenses" shall mean expenditures approved by the office\nand incurred for the maintenance and operation …

§ 25.03 Financial support and disbursement of funds.\n (a) In accordance with the provisions of this article, and within\nappropriations made available, the office may provide state aid to a\nprogram operated by a local governmental unit or voluntary agency up to\none hundred per…

§ 25.05 Reimbursement from other sources.\n The office shall not provide a voluntary agency or a program operated\nby a local governmental unit with financial support for obligations\nincurred by or on behalf of such program or agency for substance use\ndisorder and/or compulsive…

§ 25.06 Disclosures by closely allied entities of a voluntary agency.\n (a) A closely allied entity of a voluntary agency that is funded or\nhas applied for funding from the office shall provide the office with\nthe following information:\n 1. A schedule of the dates, nature and …

§ 25.07 Non-substitution.\n A voluntary agency or a program operated by a local governmental unit\nshall not substitute state monies for cash contributions, federal aid\notherwise committed to or intended for use in such program or by such\nagency, revenues derived from the opera…

§ 25.09 Administrative costs.\n Subject to the approval of the director of the budget, the office\nshall establish a limit on the amount of financial support which may be\nadvanced or reimbursed to a voluntary agency or a program operated by a\nlocal governmental unit for the adm…

§ 25.11 Distribution of state aid to a local governmental unit.\n Notwithstanding section one hundred twelve of the state finance law,\nthe office is authorized to grant state aid annually to local\ngovernmental units in the following manner:\n (a) Local governmental units shall …

§ 25.13 Office is authorized state agency.\n (a) The office when designated by the governor is the agency of the\nstate to administer and/or supervise the state plan or plans concerning\nsubstance use disorder and/or compulsive gambling services specified in\nthe federal drug abu…

§ 25.15 Optimizing federal aid.\n (a) A program operated by a local governmental unit or voluntary\nagency shall, unless a specific written waiver of this requirement is\nmade by the office, cause applications to be completed on such forms and\nin such manner as directed by the o…

§ 25.17 Fees for services.\n Voluntary agencies and programs operated by local governmental units\nfunded in whole or in part by the office shall establish, subject to the\napproval of the office, fee schedules for substance use disorder and/or\ncompulsive gambling services, not …

§ 25.18 Statewide opioid settlements.\n (a) Definitions. As used in this section, the following terms shall\nhave the following meanings: 1. Eligible expenditures shall include\nservices and programs that are consistent with the approved uses and\nterms of the statewide opioid se…

§ 29.01 Regulations and forms.\n The commissioner shall have the power to make regulations governing\nadmissions to hospitals, schools, and alcoholism facilities and the\nidentification and processing of patients. He shall prescribe and\nfurnish forms for use in procedures for ad…

§ 29.03 Effect of court order authorizing retention of a patient.\n No order or determination under this article that a person is in need\nof involuntary care and treatment or that there was need for retention\nof such person shall be construed or deemed to be a determination or\…

§ 29.05 Community agreements regarding admission procedures.\n A director of community services and the commissioner may enter into\nan agreement concerning screening of applications for admission to a\nfacility pursuant to this chapter. The agreement may provide procedures\nfor …

§ 29.07 Commissioner's powers over admissions to department facilities.\n (a) The commissioner may by order defer admissions to any facility in\nthe department when the total number of patients therein exceeds its\ncapacity to an extent which will not permit adequate care and tre…

§ 29.11 Commissioner's power to transfer and discharge patients.\n (a) Subject to his regulations, the commissioner may order or approve\nthe transfer of a patient from one facility to another appropriate\nfacility.\n (b) A voluntary or informal patient may be transferred only wi…

§ 29.13 Treatment plans.\n (a) Subject to the regulations of the commissioner, the director of\neach departmental facility shall require the development of a written\ntreatment plan to assure adequate care and treatment for each patient.\n (b) The written treatment plan shall inc…

§ 29.15 Discharge and conditional release of patients to the community.\n (a) A patient may be discharged or conditionally released to the\ncommunity by the director of a department facility, if, in the opinion\nof staff familiar with the patient's case history, such patient does…

§ 29.16 Discharge; certain cases.\n The director of a facility shall, with respect to any patient admitted\nto such facility pursuant to section five hundred nine of the executive\nlaw or 353.4 of the family court act and article nine or fifteen of this\nchapter, give immediate w…

§ 29.17 Clothing and money to be furnished patients discharged or\n released.\n No patient shall be discharged or released from a department facility\nwithout suitable clothing adapted to the season in which he is\ndischarged or released; and if it cannot be otherwise obtained, t…

§ 29.18 Client service report.\n (a) The commissioner shall establish a client service report system\nfor the purpose of providing notification of services or treatment\nprovided to individual patients or clients to such patients or clients,\nto persons duly authorized to represe…

* § 29.19 Powers and duties of peace officers acting pursuant to their\n special duties and police officers to apprehend, restrain,\n and transport persons to facilities.\n A person who has been committed or admitted to a department facility\nor a hospital licensed or operated by…

§ 29.20 In-patient nasogastric feeding procedures.\n The commissioners of the office of mental health and the office for\npeople with developmental disabilities of the department shall each\npromulgate and administer regulations and policies governing the maximum\nsize of nasogas…

§ 29.21 Care of children born to patients.\n If a child is born to a patient in a department facility, the director\nshall determine, with suitable social service advice, whether the mother\nis able to care for the child. If, in his opinion, she is unable to do\nso, he shall make…

* § 29.23 Powers with respect to property of persons receiving services.\n The commissioner may authorize the directors of department facilities,\nto receive or obtain funds or other personal property, excepting\njewelry, due or belonging to a person receiving services from such\…

§ 29.25 Sale or delivery of alcoholic beverages to patients prohibited.\n Any person who knowingly sells, delivers, or gives away or causes,\npermits, or procures to be sold, delivered, or given away any alcoholic\nbeverage to a patient on the grounds of a department facility, ex…

§ 29.27 Incarcerated individual-patients placed in the custody of the\n department.\n (a) As used in this section, the term "incarcerated\nindividual-patient" means a person committed pursuant to the provisions\nof article sixteen of the correction law to the custody of the\ndepa…

§ 29.28 Payment of costs for prosecution of incarcerated\n individual-patients.\n (a) When an incarcerated individual-patient, as defined in subdivision\n(a) of section 29.27 of this article, who was committed from a state\ncorrectional facility, is alleged to have committed an o…