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.\n The commissioners of the office of mental health and the office for\npeople with developmental disabilities of the department shall establish\npolicies and uniform procedures for their respective offices for the\nreporting, compilation, an…
N.Y. Mental Hygiene Law § 30.01 Legislative findings
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§ 30.01 Legislative findings.\n The legislature hereby finds that effective diagnosis and treatment\nfor citizens struggling with eating disorders, a complex and potentially\nlife-threatening condition, requires a continuum of interdisciplinary\nproviders and levels of care. Such…
N.Y. Mental Hygiene Law § 30.02 Definitions
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§ 30.02 Definitions.\n For purposes of this article:\n (a) "Eating disorder" is defined to include, but not be limited to,\nconditions such as anorexia nervosa, bulimia and binge eating disorder,\nidentified as such in the ICD-9-CM International Classification of\nDisease or the …
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.\n The commissioner shall provide for the public identification of\ncomprehensive care centers for persons with eating disorders for the\npurposes of:\n (a) Promoting the operation of a continuum of comprehensiv…
N.Y. Mental Hygiene Law § 30.04 Qualifying criteria
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§ 30.04 Qualifying criteria.\n (a) In order to qualify for state identification as a comprehensive\ncare center for eating disorders pursuant to this article, applicants\nmust demonstrate to the commissioner's satisfaction that, at a minimum:\n 1. The applicant can provide a cont…
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\n disorders; commissioner's written notice.\n (a) The commissioner shall identify a sufficient number of\ncomprehensive centers to ensure adequate access to services in all\nregions of the state, provided that,…
N.Y. Mental Hygiene Law § 30.06 Restricted use of title
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§ 30.06 Restricted use of title.\n No person or entity shall claim, advertise or imply to consumers,\nhealth plans or other health care providers that such provider or\npractitioner is a state-identified comprehensive care center for eating\ndisorders unless it is qualified pursu…
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.\n (a) The commissioner shall ensure that all services for the mentally\ndisabled, whether provided by the department, by a local governmental\nunit or by a provider of services, are periodically evaluated and that\ndepartm…
N.Y. Mental Hygiene Law § 31.02 Operating certificate required
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§ 31.02 Operating certificate required.\n (a) * Except as provided in subdivision (b) of this section no\nprovider of services shall engage in any of the following activities\nwithout an operating certificate issued by the commissioner pursuant to\nthis article:\n * NB Effective …
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.\n (a) No provider of services as a family care home for mentally\ndisabled persons shall engage in any such activities on or after April\nfirst, nineteen hundred seventy-seven, unless it possesses an operating\ncertificate iss…
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.\n (a) No operating certificate shall be issued by the commissioner\nunless the commissioner finds:\n 1. that the premises, equipment, personnel, records, and program are\nadequate and appropriate to provide the services for the mental…
N.Y. Mental Hygiene Law § 31.06 Child abuse prevention
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§ 31.06 Child abuse prevention.\n All facilities described in subdivision (a) of section 31.02 of this\narticle, shall, pursuant to regulations of the commissioner: (i)\ndevelop, maintain and disseminate written policies and procedures\npursuant to title six of article six of the…
N.Y. Mental Hygiene Law § 31.07 Investigations and inspections
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§ 31.07 Investigations and inspections.\n The commissioner shall have the power to conduct investigations into\nthe operations of providers of services which are required by this\narticle to have operating certificates and to make inspections and\nexamine records, including, but …
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.\n (a) Notwithstanding the provisions of section 31.07 of this article,\nwith respect to a general hospital, as defined in article twenty-eight\nof the public health law, which provides services for persons with\n…
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.\n (a) In conducting an investigation or inspection, the commissioner or\nhis authorized representative shall have the power to inspect\nfacilities, examine records, conduct examinations and interviews, and\n…
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.\n It shall be the duty of every holder of an operating certificate, or\nprogram funded or administered by the office of mental health to assist\nthe department and the commission on quality of care for the mentally\ndisabled in car…
N.Y. Mental Hygiene Law § 31.13 Powers of subpoena and examination
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§ 31.13 Powers of subpoena and examination.\n In conducting any investigation, inspection, or hearing under this\nchapter, the commissioner and his authorized representative are\nempowered to subpoena witnesses, compel their attendance, administer\noaths to witnesses, examine wit…
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\n certificate and imposition of fines by the commissioner of\n mental health.\n (a) The commissioner of mental health may revoke, suspend, or limit an\noperating certificate or impose the penalties described in subpara…
N.Y. Mental Hygiene Law § 31.17 Formal hearings; procedure
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§ 31.17 Formal hearings; procedure.\n (a) When a hearing must be afforded pursuant to this chapter, the\nhearing shall be held without undue delay and all parties shall be given\nreasonable notice of the time, place, and nature of the hearing.\n (b) The commissioner, acting as he…
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.\n (a) No individual who is or appears to be mentally disabled shall be\ndetained, deprived of his liberty, or otherwise confined without lawful\nauthority, or inadequately, unskillfully, cruelly, or unsafely cared…
N.Y. Mental Hygiene Law § 31.20 Temporary operator
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* § 31.20 Temporary operator.\n (a) For the purposes of this section:\n (1) "Established operator" shall mean the operator of a mental health\nprogram that has been established and issued an operating certificate\npursuant to this article.\n (2) "Extraordinary financial assistanc…
N.Y. Mental Hygiene Law § 31.21 Injunction and temporary restraining order
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§ 31.21 Injunction and temporary restraining order.\n (a) The supreme court may enjoin violations or threatened violations\nof any provision of this article or violations of the regulations of the\ndepartment established pursuant to this article. Upon request of the\ncommissioner…
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\n organization; granting of operating certificates.\n (a) No certificate of incorporation of a business or not-for-profit\ncorporation, or articles of organization of a limited liability company,\nshall here…
N.Y. Mental Hygiene Law § 31.23 Approval of new construction
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§ 31.23 Approval of new construction.\n (a) As used or referred to in this section, unless a different meaning\nclearly appears from the context:\n "Facility" is limited to a facility in which services are offered for\nwhich an operating certificate is required by this article. F…
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.\n The commissioner shall establish, pursuant to regulation, licensed\nresidential providers of treatment and/or supportive services to\nchildren, adolescents, and adults with eating disorders, as that term is\ndefine…
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.\n (a) The commissioner may authorize the operation of residential\ntreatment facilities for children and youth. Such residential treatment\nfacilities may only be operated by not-for-profit organizations.\n (b) The …
N.Y. Mental Hygiene Law § 31.27 Comprehensive psychiatric emergency programs
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** § 31.27 Comprehensive psychiatric emergency programs.\n (a) As used in this section:\n (1) "Commissioner" means the commissioner of mental health.\n (2) "Crisis intervention services" means services provided in an\nemergency room located within a general hospital, which shall …
N.Y. Mental Hygiene Law § 31.28 Facilities; receivership
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§ 31.28 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 …
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\n persons.\n (a) The commissioner in consultation with the executive director of\nthe justice center for the protection of people with special needs,\nshall promulgate regulations establishing standards for th…
N.Y. Mental Hygiene Law § 31.31 Improper expenditure of moneys
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§ 31.31 Improper expenditure of moneys.\n (a) No provider of services licensed pursuant to this article shall\nmake any charitable contribution of state moneys, medical assistance\npayments or social security or supplemental security income or any\ninterest or other income earned…
N.Y. Mental Hygiene Law § 31.33 Mental health special needs plans
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* § 31.33 Mental health special needs plans.\n The commissioner, jointly with the commissioner of health, shall be\nauthorized to issue a certificate of authority to operate a mental\nhealth special needs plan, in accordance with the procedures of section\nforty-four hundred thre…
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\n prospective employees.\n * (a) Every provider of services who contracts with or is approved or\notherwise authorized by the office of mental health to provide services,\nexcept (1) a department facility, (2) a ho…
N.Y. Mental Hygiene Law § 31.36 Crisis stabilization services
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§ 31.36 Crisis stabilization services.\n The commissioner shall be authorized, in conjunction with the\ncommissioner of the office of addiction services and supports, to create\ncrisis stabilization centers within New York state in accordance with\narticle thirty-six of this titl…
N.Y. Mental Hygiene Law § 31.37 Mental health incident review panels
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§ 31.37 Mental health incident review panels.\n (a) The commissioner shall establish no less than one mental health\nincident review panel per quarter to review the circumstances and events\nrelated to an incident involving a person with serious mental illness\noccurring in the c…
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.\n This article sets forth provisions enabling the commissioner to\nregulate and assure the consistent high quality of services provided\nwithin the state to persons suffering from chemical abuse or dependence…
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.\n (a) The commissioner may adopt any regulation reasonably necessary to\nregulate and ensure high quality of services to individuals suffering\nfrom compulsive gambling.\n (b) The requirements of this article…
N.Y. Mental Hygiene Law § 32.03 Evaluation of chemical dependence services
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§ 32.03 Evaluation of chemical dependence services.\n (a) The commissioner shall ensure that all chemical dependence\nservices provided under this chapter for persons who abuse and/or are\ndependent on alcohol and/or substances are periodically evaluated.\n (b) The commissioner s…
N.Y. Mental Hygiene Law § 32.05 Operating certificate required
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§ 32.05 Operating certificate required.\n (a) Except as provided in subdivision (b) of this section no provider\nof services shall engage in any of the following activities without an\noperating certificate issued by the commissioner pursuant to this\narticle:\n 1. operation of a…
N.Y. Mental Hygiene Law § 32.05-A Certified recovery residences
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§ 32.05-a Certified recovery residences.\n 1. The commissioner shall promulgate regulations consistent with this\nsection for the voluntary certification of certified recovery\nresidences.\n 2. Such regulations shall be evidence-based, utilizing information\nfrom sources with exp…
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\n services.\n 1. For purposes of this section, unless the context clearly requires\notherwise, "provider" shall mean any person, firm, partnership, group,\npractice association, fiduciary, employer, representativ…
N.Y. Mental Hygiene Law § 32.07 Regulatory powers of the commissioner
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§ 32.07 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 § 32.09 Issuance of operating certificates
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§ 32.09 Issuance of operating certificates.\n (a) No operating certificate shall be issued by the commissioner\nunless the commissioner is satisfied as to:\n 1. the public need for the chemical dependence services to be\nestablished upon the issuance of the operating certificate,…
N.Y. Mental Hygiene Law § 32.11 Child abuse prevention
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§ 32.11 Child abuse prevention.\n All providers of services described in subdivision (a) of section\n32.05 of this article, shall:\n (a) develop, maintain and disseminate written policies and procedures\npursuant to title six of article six of the social services law and\napplica…
N.Y. Mental Hygiene Law § 32.13 Investigations and inspections
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§ 32.13 Investigations and inspections.\n The commissioner shall have the power to conduct investigations into\nthe operations of providers of services which are required by this\narticle to have operating certificates and to make inspections and\nexamine records, including, but …
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\n in general hospitals.\n (a) Notwithstanding the provisions of section 32.13 of this article,\nwith respect to a provider of services as defined in section 1.03 of\nthis chapter that is a general hospital, as…
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.\n (a) In conducting an investigation or inspection, the commissioner or\nhis or her authorized representative shall have the power to inspect\nfacilities, examine records, conduct examinations and interviews, an…
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.\n It shall be the duty of every holder of an operating certificate to\nassist both the office and the commission on quality of care for the\nmentally disabled in carrying out their respective and joint regulatory\nfunctions by:\n (…
N.Y. Mental Hygiene Law § 32.17-A Notification of emergency contact
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§ 32.17-a Notification of emergency contact.\n Every certified treatment program shall notify every patient of their\nright to identify individuals who should be contacted in case of\nemergency, as such term is defined by the commissioner.\n