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0 chapters · 520 sections in this title.
N.Y. Mental Hygiene Law § 29.29 Incident reporting procedures
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§ 29.29 Incident reporting procedures. The commissioners of the office of mental health and the office for people with developmental disabilities of the department shall establish policies and uniform procedures for their respective offices for the reporting, compilation, and ana…
N.Y. Mental Hygiene Law § 30.01 Legislative findings
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§ 30.01 Legislative findings. The legislature hereby finds that effective diagnosis and treatment for citizens struggling with eating disorders, a complex and potentially life-threatening condition, requires a continuum of interdisciplinary providers and levels of care. Such effe…
N.Y. Mental Hygiene Law § 30.02 Definitions
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§ 30.02 Definitions. For purposes of this article: (a) "Eating disorder" is defined to include, but not be limited to, conditions such as anorexia nervosa, bulimia and binge eating disorder, identified as such in the ICD-9-CM International Classification of Disease or the most cu…
N.Y. Mental Hygiene Law § 30.03 Comprehensive care centers for eating disorders; established
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§ 30.03 Comprehensive care centers for eating disorders; established. The commissioner shall provide for the public identification of comprehensive care centers for persons with eating disorders for the purposes of: (a) Promoting the operation of a continuum of comprehensive, coo…
N.Y. Mental Hygiene Law § 30.04 Qualifying criteria
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§ 30.04 Qualifying criteria. (a) In order to qualify for state identification as a comprehensive care center for eating disorders pursuant to this article, applicants must demonstrate to the commissioner's satisfaction that, at a minimum: 1. The applicant can provide a continuum …
N.Y. Mental Hygiene Law § 30.05 State identification of comprehensive care centers for eating disorders; commissioner's written notice
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§ 30.05 State identification of comprehensive care centers for eating disorders; commissioner's written notice. (a) The commissioner shall identify a sufficient number of comprehensive centers to ensure adequate access to services in all regions of the state, provided that, to th…
N.Y. Mental Hygiene Law § 30.06 Restricted use of title
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§ 30.06 Restricted use of title. No person or entity shall claim, advertise or imply to consumers, health plans or other health care providers that such provider or practitioner is a state-identified comprehensive care center for eating disorders unless it is qualified pursuant t…
N.Y. Mental Hygiene Law § 31.01 Evaluation of services for the mentally disabled
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§ 31.01 Evaluation of services for the mentally disabled. (a) The commissioner shall ensure that all services for the mentally disabled, whether provided by the department, by a local governmental unit or by a provider of services, are periodically evaluated and that departmental…
N.Y. Mental Hygiene Law § 31.02 Operating certificate required
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§ 31.02 Operating certificate required. (a) * Except as provided in subdivision (b) of this section no provider of services shall engage in any of the following activities without an operating certificate issued by the commissioner pursuant to this article: * NB Effective until t…
N.Y. Mental Hygiene Law § 31.03 Operating certificates for family care homes
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§ 31.03 Operating certificates for family care homes. (a) No provider of services as a family care home for mentally disabled persons shall engage in any such activities on or after April first, nineteen hundred seventy-seven, unless it possesses an operating certificate issued b…
N.Y. Mental Hygiene Law § 31.04 Regulatory powers of the commissioner
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§ 31.04 Regulatory powers of the commissioner.\n (a) The commissioner shall have the power to adopt regulations to\neffectuate the provisions and purposes of this article, including, but\nnot limited to, the following:\n 1. establishing classes of operating certificates based upo…
N.Y. Mental Hygiene Law § 31.05 Issuance of an operating certificate
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§ 31.05 Issuance of an operating certificate. (a) No operating certificate shall be issued by the commissioner unless the commissioner finds: 1. that the premises, equipment, personnel, records, and program are adequate and appropriate to provide the services for the mentally dis…
N.Y. Mental Hygiene Law § 31.06 Child abuse prevention
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§ 31.06 Child abuse prevention. All facilities described in subdivision (a) of section 31.02 of this article, shall, pursuant to regulations of the commissioner: (i) develop, maintain and disseminate written policies and procedures pursuant to title six of article six of the soci…
N.Y. Mental Hygiene Law § 31.07 Investigations and inspections
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§ 31.07 Investigations and inspections. The commissioner shall have the power to conduct investigations into the operations of providers of services which are required by this article to have operating certificates and to make inspections and examine records, including, but not l…
N.Y. Mental Hygiene Law § 31.08 Compliance with operational standards by general hospitals
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§ 31.08 Compliance with operational standards by general hospitals. (a) Notwithstanding the provisions of section 31.07 of this article, with respect to a general hospital, as defined in article twenty-eight of the public health law, which provides services for persons with menta…
N.Y. Mental Hygiene Law § 31.09 Powers of the department regarding investigation and inspection
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§ 31.09 Powers of the department regarding investigation and inspection. (a) In conducting an investigation or inspection, the commissioner or his authorized representative shall have the power to inspect facilities, examine records, conduct examinations and interviews, and obtai…
N.Y. Mental Hygiene Law § 31.11 Certain duties of providers of services
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§ 31.11 Certain duties of providers of services. It shall be the duty of every holder of an operating certificate, or program funded or administered by the office of mental health to assist the department and the commission on quality of care for the mentally disabled in carrying…
N.Y. Mental Hygiene Law § 31.13 Powers of subpoena and examination
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§ 31.13 Powers of subpoena and examination. In conducting any investigation, inspection, or hearing under this chapter, the commissioner and his authorized representative are empowered to subpoena witnesses, compel their attendance, administer oaths to witnesses, examine witnesse…
N.Y. Mental Hygiene Law § 31.16 Suspension, revocation, or limitation of an operating certificate and imposition of fines by the commissioner of mental health
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§ 31.16 Suspension, revocation, or limitation of an operating certificate and imposition of fines by the commissioner of mental health. (a) The commissioner of mental health may revoke, suspend, or limit an operating certificate or impose the penalties described in subparagraph (…
N.Y. Mental Hygiene Law § 31.17 Formal hearings; procedure
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§ 31.17 Formal hearings; procedure. (a) When a hearing must be afforded pursuant to this chapter, the hearing shall be held without undue delay and all parties shall be given reasonable notice of the time, place, and nature of the hearing. (b) The commissioner, acting as hearing …
N.Y. Mental Hygiene Law § 31.19 Confinement, care, and treatment of the mentally disabled
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§ 31.19 Confinement, care, and treatment of the mentally disabled. (a) No individual who is or appears to be mentally disabled shall be detained, deprived of his liberty, or otherwise confined without lawful authority, or inadequately, unskillfully, cruelly, or unsafely cared for…
N.Y. Mental Hygiene Law § 31.20 Temporary operator
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* § 31.20 Temporary operator. (a) For the purposes of this section: (1) "Established operator" shall mean the operator of a mental health program that has been established and issued an operating certificate pursuant to this article. (2) "Extraordinary financial assistance" shall…
N.Y. Mental Hygiene Law § 31.21 Injunction and temporary restraining order
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§ 31.21 Injunction and temporary restraining order. (a) The supreme court may enjoin violations or threatened violations of any provision of this article or violations of the regulations of the department established pursuant to this article. Upon request of the commissioner, the…
N.Y. Mental Hygiene Law § 31.22 Approval of certain certificates of incorporation or articles of organization; granting of operating certificates
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§ 31.22 Approval of certain certificates of incorporation or articles of organization; granting of operating certificates. (a) No certificate of incorporation of a business or not-for-profit corporation, or articles of organization of a limited liability company, shall hereafter …
N.Y. Mental Hygiene Law § 31.23 Approval of new construction
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§ 31.23 Approval of new construction. (a) As used or referred to in this section, unless a different meaning clearly appears from the context: "Facility" is limited to a facility in which services are offered for which an operating certificate is required by this article. For the…
N.Y. Mental Hygiene Law § 31.25 Residential services for treatment of eating disorders
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§ 31.25 Residential services for treatment of eating disorders. The commissioner shall establish, pursuant to regulation, licensed residential providers of treatment and/or supportive services to children, adolescents, and adults with eating disorders, as that term is defined in …
N.Y. Mental Hygiene Law § 31.26 Residential treatment facilities for children and youth
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§ 31.26 Residential treatment facilities for children and youth. (a) The commissioner may authorize the operation of residential treatment facilities for children and youth. Such residential treatment facilities may only be operated by not-for-profit organizations. (b) The commis…
N.Y. Mental Hygiene Law § 31.27 Comprehensive psychiatric emergency programs
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** § 31.27 Comprehensive psychiatric emergency programs. (a) As used in this section: (1) "Commissioner" means the commissioner of mental health. (2) "Crisis intervention services" means services provided in an emergency room located within a general hospital, which shall include…
N.Y. Mental Hygiene Law § 31.28 Facilities; receivership
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§ 31.28 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 …
N.Y. Mental Hygiene Law § 31.29 Monthly personal allowances
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§ 31.29 Monthly personal allowances.\n (a) Each resident of a residential care center for adults shall be\nentitled to retain out of his or her income, including supplemental\nsecurity income or safety net assistance benefits pursuant to the social\nservices law, a monthly person…
N.Y. Mental Hygiene Law § 31.30 Abuse, neglect, and significant incidents involving vulnerable persons
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§ 31.30 Abuse, neglect, and significant incidents involving vulnerable persons. (a) The commissioner in consultation with the executive director of the justice center for the protection of people with special needs, shall promulgate regulations establishing standards for the prot…
N.Y. Mental Hygiene Law § 31.31 Improper expenditure of moneys
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§ 31.31 Improper expenditure of moneys. (a) No provider of services licensed pursuant to this article shall make any charitable contribution of state moneys, medical assistance payments or social security or supplemental security income or any interest or other income earned ther…
N.Y. Mental Hygiene Law § 31.33 Mental health special needs plans
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* § 31.33 Mental health special needs plans. The commissioner, jointly with the commissioner of health, shall be authorized to issue a certificate of authority to operate a mental health special needs plan, in accordance with the procedures of section forty-four hundred three-d o…
N.Y. Mental Hygiene Law § 31.35 Review of criminal history information concerning certain prospective employees
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§ 31.35 Review of criminal history information concerning certain prospective employees. * (a) Every provider of services who contracts with or is approved or otherwise authorized by the office of mental health to provide services, except (1) a department facility, (2) a hospital…
N.Y. Mental Hygiene Law § 31.36 Crisis stabilization services
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§ 31.36 Crisis stabilization services. The commissioner shall be authorized, in conjunction with the commissioner of the office of addiction services and supports, to create crisis stabilization centers within New York state in accordance with article thirty-six of this title, in…
N.Y. Mental Hygiene Law § 31.37 Mental health incident review panels
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§ 31.37 Mental health incident review panels. (a) The commissioner shall establish no less than one mental health incident review panel per quarter to review the circumstances and events related to an incident involving a person with serious mental illness occurring in the commun…
N.Y. Mental Hygiene Law § 32.01 Regulation and quality control of chemical dependence services
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§ 32.01 Regulation and quality control of chemical dependence services. This article sets forth provisions enabling the commissioner to regulate and assure the consistent high quality of services provided within the state to persons suffering from chemical abuse or dependence, th…
N.Y. Mental Hygiene Law § 32.02 Regulation and quality control of compulsive gambling services
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§ 32.02 Regulation and quality control of compulsive gambling services. (a) The commissioner may adopt any regulation reasonably necessary to regulate and ensure high quality of services to individuals suffering from compulsive gambling. (b) The requirements of this article are a…
N.Y. Mental Hygiene Law § 32.03 Evaluation of chemical dependence services
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§ 32.03 Evaluation of chemical dependence services. (a) The commissioner shall ensure that all chemical dependence services provided under this chapter for persons who abuse and/or are dependent on alcohol and/or substances are periodically evaluated. (b) The commissioner shall, …
N.Y. Mental Hygiene Law § 32.05 Operating certificate required
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§ 32.05 Operating certificate required. (a) Except as provided in subdivision (b) of this section no provider of services shall engage in any of the following activities without an operating certificate issued by the commissioner pursuant to this article: 1. operation of a reside…
N.Y. Mental Hygiene Law § 32.05-A Certified recovery residences
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§ 32.05-a Certified recovery residences. 1. The commissioner shall promulgate regulations consistent with this section for the voluntary certification of certified recovery residences. 2. Such regulations shall be evidence-based, utilizing information from sources with expertise …
N.Y. Mental Hygiene Law § 32.06 Prohibited practices by providers of substance use disorder services
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§ 32.06 Prohibited practices by providers of substance use disorder services. 1. For purposes of this section, unless the context clearly requires otherwise, "provider" shall mean any person, firm, partnership, group, practice association, fiduciary, employer, representative ther…
N.Y. Mental Hygiene Law § 32.07 Regulatory powers of the commissioner
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§ 32.07 Regulatory powers of the commissioner. (a) The commissioner shall have the power to adopt regulations to effectuate the provisions and purposes of this article, including, but not limited to, the following: 1. establishing classes of operating certificates based upon such…
N.Y. Mental Hygiene Law § 32.09 Issuance of operating certificates
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§ 32.09 Issuance of operating certificates. (a) No operating certificate shall be issued by the commissioner unless the commissioner is satisfied as to: 1. the public need for the chemical dependence services to be established upon the issuance of the operating certificate, takin…
N.Y. Mental Hygiene Law § 32.11 Child abuse prevention
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§ 32.11 Child abuse prevention. All providers of services described in subdivision (a) of section 32.05 of this article, shall: (a) develop, maintain and disseminate written policies and procedures pursuant to title six of article six of the social services law and applicable pro…
N.Y. Mental Hygiene Law § 32.13 Investigations and inspections
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§ 32.13 Investigations and inspections. The commissioner shall have the power to conduct investigations into the operations of providers of services which are required by this article to have operating certificates and to make inspections and examine records, including, but not l…
N.Y. Mental Hygiene Law § 32.14 Compliance with operational standards by providers of services in general hospitals
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§ 32.14 Compliance with operational standards by providers of services in general hospitals. (a) Notwithstanding the provisions of section 32.13 of this article, with respect to a provider of services as defined in section 1.03 of this chapter that is a general hospital, as defin…
N.Y. Mental Hygiene Law § 32.15 Powers of the office regarding investigation and inspection
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§ 32.15 Powers of the office regarding investigation and inspection. (a) In conducting an investigation or inspection, the commissioner or his or her authorized representative shall have the power to inspect facilities, examine records, conduct examinations and interviews, and ob…
N.Y. Mental Hygiene Law § 32.17 Certain duties of providers of services
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§ 32.17 Certain duties of providers of services. It shall be the duty of every holder of an operating certificate to assist both the office and the commission on quality of care for the mentally disabled in carrying out their respective and joint regulatory functions by: (a) comp…
N.Y. Mental Hygiene Law § 32.17-A Notification of emergency contact
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§ 32.17-a Notification of emergency contact. Every certified treatment program shall notify every patient of their right to identify individuals who should be contacted in case of emergency, as such term is defined by the commissioner.