Title MHY, Mental Hygiene

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

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

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

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

§ 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. The office shall serve as the principle source for the statewide dissemination of information on methamphetamines. The office shall establish a methamphetamine awareness and education program that shall include but not be l…

§ 19.28 Receipt and disbursement of federal funds. (a) The commissioner may receive, use, or distribute federal financial or technical assistance to support construction of facilities, research, staffing, or other programs or activities for alcoholism, substance abuse, or chemica…

§ 19.29 Gifts. (a) The commissioner, on behalf of the state and if in the public interest, shall accept, hold in trust, administer, apply, execute, or use gifts, devises, bequests, grants, powers, or trusts of personal or real property made to the state, the office of alcoholism …

§ 19.31 Medication assisted treatment training requirement. Every person who is a credentialed alcoholism and substance abuse counselor pursuant to subdivision (d) of section 19.07 of this article who provides treatment or counseling services at a substance use disorder facility,…

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

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

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

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

§ 19.43 Retaliatory personnel actions. Employees of facilities, programs and providers operated, licensed, certified, authorized or funded by the office shall have protection from retaliatory action from employers as provided for in sections seven hundred forty and seven hundred …

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

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

§ 22.01 Admission to chemical dependence programs, treatment facilities and services. Unless otherwise specifically provided for by statute, a person suffering from chemical abuse or dependence shall be admitted to a chemical dependence program, service, or treatment facility pur…

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

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

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

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

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

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

§ 25.03 Financial support and disbursement of funds. (a) In accordance with the provisions of this article, and within appropriations made available, the office may provide state aid to a program operated by a local governmental unit or voluntary agency up to one hundred per cent…

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

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

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

§ 25.09 Administrative costs. Subject to the approval of the director of the budget, the office shall establish a limit on the amount of financial support which may be advanced or reimbursed to a voluntary agency or a program operated by a local governmental unit for the administ…

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

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

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

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

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

§ 29.01 Regulations and forms. The commissioner shall have the power to make regulations governing admissions to hospitals, schools, and alcoholism facilities and the identification and processing of patients. He shall prescribe and furnish forms for use in procedures for admissi…

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

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

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

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

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

§ 29.15 Discharge and conditional release of patients to the community. (a) A patient may be discharged or conditionally released to the community by the director of a department facility, if, in the opinion of staff familiar with the patient's case history, such patient does not…

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

§ 29.17 Clothing and money to be furnished patients discharged or released. No patient shall be discharged or released from a department facility without suitable clothing adapted to the season in which he is discharged or released; and if it cannot be otherwise obtained, the fac…

§ 29.18 Client service report. (a) The commissioner shall establish a client service report system for the purpose of providing notification of services or treatment provided to individual patients or clients to such patients or clients, to persons duly authorized to represent su…

* § 29.19 Powers and duties of peace officers acting pursuant to their special duties and police officers to apprehend, restrain, and transport persons to facilities. A person who has been committed or admitted to a department facility or a hospital licensed or operated by the of…

§ 29.20 In-patient nasogastric feeding procedures. The commissioners of the office of mental health and the office for people with developmental disabilities of the department shall each promulgate and administer regulations and policies governing the maximum size of nasogastric …

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

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

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

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

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