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0 chapters · 520 sections in this title.
N.Y. Mental Hygiene Law § 32.19 Powers of subpoena and examination
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§ 32.19 Powers of subpoena and examination. In conducting any investigation, inspection, or hearing under this chapter, the commissioner and his or her authorized representative are empowered to subpoena witnesses, compel their attendance, administer oaths to witnesses, examine w…
N.Y. Mental Hygiene Law § 32.20 Temporary operator
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§ 32.20 Temporary operator. 1. For the purposes of this section: (a) "chemical dependence treatment program" shall mean a program certified pursuant to section 32.05 of this article; (b) "established operator" shall mean the operator of a chemical dependence treatment program tha…
N.Y. Mental Hygiene Law § 32.21 Suspension, revocation, or limitation of operating certificates and imposition of fines
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§ 32.21 Suspension, revocation, or limitation of operating certificates and imposition of fines. (a) The commissioner may revoke, suspend, or limit an operating certificate upon a determination that the holder of the certificate has failed to comply with the terms of its operatin…
N.Y. Mental Hygiene Law § 32.23 Formal hearings; procedure
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§ 32.23 Formal hearings; procedure. (a) Unless otherwise provided by law, when a hearing must be afforded pursuant to this article, 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) Th…
N.Y. Mental Hygiene Law § 32.25 Confinement, care, and treatment of persons suffering from chemical abuse or dependence
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§ 32.25 Confinement, care, and treatment of persons suffering from chemical abuse or dependence. (a) No individual who is or appears to be suffering from chemical abuse or dependence shall be detained, deprived of his or her liberty, or otherwise confined without lawful authority…
N.Y. Mental Hygiene Law § 32.27 Injunction and temporary restraining order
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§ 32.27 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 office established pursuant to this article. Upon request of the commissioner, the att…
N.Y. Mental Hygiene Law § 32.29 Approval of new construction
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§ 32.29 Approval of new construction. (a) As used or referred to in this section, unless a different meaning clearly appears from the context: 1. "Facility" is limited to a facility in which services are offered for which an operating certificate is required by this article. 2. "…
N.Y. Mental Hygiene Law § 32.31 Establishment or incorporation of facilities for chemical dependence services
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§ 32.31 Establishment or incorporation of facilities for chemical dependence services. (a) No provider of services or facility providing chemical dependence services shall be established except with the written approval of the commissioner. No certificate of incorporation of a bu…
N.Y. Mental Hygiene Law § 32.33 Improper expenditures of money
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§ 32.33 Improper expenditures of money. Improper expenditures of money shall include, but not be limited to, the following: (a) No provider of services issued an operating certificate pursuant to this article shall make any charitable contribution of state moneys, medical assista…
N.Y. Mental Hygiene Law § 32.35 Disclosure by members, officers and employees
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§ 32.35 Disclosure by members, officers and employees. In the event that a provider of services certified by the office of alcoholism and substance abuse services enters into an agreement or has entered into an agreement for the purchase, lease, rehabilitation or improvement of r…
N.Y. Mental Hygiene Law § 32.36 Crisis stabilization services
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§ 32.36 Crisis stabilization services. The commissioner shall be authorized, in conjunction with the commissioner of the office of mental health, to create crisis stabilization centers within New York state in accordance with article thirty-six of this title, including the promul…
N.Y. Mental Hygiene Law § 32.37 Registration and notification of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations
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§ 32.37 Registration and notification of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations. (a) Notwithstanding any other law, rule, or regulation, the executive director, chairperson or president of a voluntary, not-for-profit corpora…
N.Y. Mental Hygiene Law § 32.38 The recovery tax credit program
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§ 32.38 The recovery tax credit program. (a) Authorization. The commissioner is authorized to and shall establish and administer the recovery tax credit program to provide tax incentives to certified employers for employing eligible individuals in recovery from a substance use di…
N.Y. Mental Hygiene Law § 32.39 Fiscal year report
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§ 32.39 Fiscal year report. (a) Every provider of chemical dependence services which is required to have an operating certificate pursuant to this chapter shall within one hundred twenty days after the end of its fiscal year, file an annual report with the commissioner. Said repo…
N.Y. Mental Hygiene Law § 33.01 Protection of patients' rights
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§ 33.01 Protection of patients' rights. Notwithstanding any other provision of law, no person shall be deprived of any civil right, if in all other respects qualified and eligible, solely by reason of receipt of services for a mental disability nor shall the receipt of such servi…
N.Y. Mental Hygiene Law § 33.02 Notice of rights of individuals with mental disabilities
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§ 33.02 Notice of rights of individuals with mental disabilities. (a) In order to ensure that residents of facilities or programs operated or licensed by the office of mental health and facilities or programs operated or certified by the office for people with developmental disab…
N.Y. Mental Hygiene Law § 33.03 Quality of care and treatment
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§ 33.03 Quality of care and treatment. (a) Each patient in a facility and each person receiving services for mental disability shall receive care and treatment that is suited to his needs and skillfully, safely, and humanely administered with full respect for his dignity and pers…
N.Y. Mental Hygiene Law § 33.04 Restraint of patients
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§ 33.04 Restraint of patients. (a) As used in this section, "restraint" means the use of an apparatus on a patient which prevents the free movement of both arms or both legs or which totally immobilizes such patient, and which the patient is unable to remove easily. (b) Restraint…
N.Y. Mental Hygiene Law § 33.05 Communications and visits
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§ 33.05 Communications and visits. (a) Each patient in a facility shall have the right to communicate freely and privately with persons outside the facility as frequently as he wishes, subject to regulations of the commissioner designed to assure the safety and welfare of patient…
N.Y. Mental Hygiene Law § 33.06 Reports of abuse, neglect, and significant incidents
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§ 33.06 Reports of abuse, neglect, and significant incidents. The executive director of the justice center for the protection of people with special needs, in consultation with the commissioner of the office of mental health, the commissioner of the office of alcoholism and subst…
N.Y. Mental Hygiene Law § 33.07 Care and custody of the personal property of persons receiving services
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§ 33.07 * Care and custody of the personal property of persons receiving services. * NB Effective until June 30, 2027 * Care and custody of the personal property of patients. * NB Effective June 30, 2027 (a) A patient's right to retain his personal belongings upon admission to a …
N.Y. Mental Hygiene Law § 33.08 Personal needs allowance for residents of state psychiatric centers and state operated alcoholism facilities
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§ 33.08 Personal needs allowance for residents of state psychiatric\n centers and state operated alcoholism facilities.\n (a) For the purposes of this section:\n 1. "countable resources" shall mean cash or other liquid assets or any\nreal or personal property that an individual o…
N.Y. Mental Hygiene Law § 33.09 Employment of patients
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§ 33.09 Employment of patients. (a) The department shall encourage employment of patients as part of therapeutic, community care, or release programs and shall promote training of patients for gainful employment. The commissioner shall adopt regulations to further the purposes of…
N.Y. Mental Hygiene Law § 33.11 Education for children with mental disabilities
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§ 33.11 Education for children with mental disabilities. The office of mental health and the office for people with developmental disabilities shall provide the same education for patients in office of mental health hospitals and residents in office for people with developmental …
N.Y. Mental Hygiene Law § 33.12 Hearing evaluation
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§ 33.12 Hearing evaluation. The office for people with developmental disabilities shall provide suitable hearing evaluations periodically for the residents in state schools. Upon the ascertainment that any resident so evaluated is deaf or hard of hearing, it shall be the duty of …
N.Y. Mental Hygiene Law § 33.13 Clinical records; confidentiality
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§ 33.13 Clinical records; confidentiality. (a) A clinical record for each patient or client shall be maintained at each facility licensed or operated by the office of mental health or the office for people with developmental disabilities, hereinafter referred to as the offices. F…
N.Y. Mental Hygiene Law § 33.14 Sealing of records pertaining to treatment for mental illness
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§ 33.14 Sealing of records pertaining to treatment for mental illness. (a) (1) Any person who has been admitted to receive inpatient or outpatient services for mental illness may commence a special proceeding in the supreme court for an order directing the sealing of those record…
N.Y. Mental Hygiene Law § 33.15 Habeas corpus
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§ 33.15 Habeas corpus. (a) A person retained by a facility or the department or a relative or friend on his behalf is entitled to a writ of habeas corpus to question the cause and legality of detention upon proper application. (b) Upon the return of such a writ of habeas corpus, …
N.Y. Mental Hygiene Law § 33.16 Access to clinical records
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§ 33.16 Access to clinical records. (a) Definitions. For the purposes of this section: 1. "Clinical record" means any information concerning or relating to the examination or treatment of an identifiable patient or client maintained or possessed by a facility which has treated or…
N.Y. Mental Hygiene Law § 33.17 Transportation of individuals
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§ 33.17 Transportation of individuals. Within staffing limitations and upon request, an individual who is being transported to or from a facility may be accompanied by same gender staff.
N.Y. Mental Hygiene Law § 33.21 Consent for mental health treatment of minors
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§ 33.21 Consent for mental health treatment of minors. (a) For the purposes of this section: (1) "minor" shall mean a person under eighteen years of age, but shall not include a person who is the parent of a child, emancipated, has married or is on voluntary status on their own a…
N.Y. Mental Hygiene Law § 33.23 Incident notifications and reports
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§ 33.23 Incident notifications and reports. (a) The director of a facility, as defined in subdivision six of section 1.03 of this chapter, shall provide telephone notice of an incident involving a patient receiving care and treatment at such facility to a qualified person, as def…
N.Y. Mental Hygiene Law § 33.25 Release of records pertaining to allegations and investigations of abuse and mistreatment
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§ 33.25 Release of records pertaining to allegations and investigations of abuse and mistreatment. (a) Records and documents pertaining to allegations and investigations into reportable incidents at a facility, as defined in subdivision six of section 1.03 of this chapter, includ…
N.Y. Mental Hygiene Law § 33.27 Independent substance use disorder and mental health ombudsman
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§ 33.27 Independent substance use disorder and mental health ombudsman. (a) There is hereby established the office of the independent substance use disorder and mental health ombudsman program that will be operated or selected by the office of addiction services and supports, in …
N.Y. Mental Hygiene Law § 33.28 Independent developmental disability ombudsman program
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§ 33.28 Independent developmental disability ombudsman program. (a) There is hereby established by the office for people with developmental disabilities the independent developmental disability ombudsman program for the purpose of assisting individuals with developmental disabili…
N.Y. Mental Hygiene Law § 36.01 Crisis stabilization centers
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§ 36.01 Crisis stabilization centers. (a) (1) The commissioners are authorized to jointly license crisis stabilization centers subject to the availability of state and federal funding. (2) A crisis stabilization center shall serve as a voluntary and urgent service provider for pe…
N.Y. Mental Hygiene Law § 36.02 Referral to crisis stabilization centers
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§ 36.02 Referral to crisis stabilization centers. (a) A referral to crisis stabilization centers may include but not be limited to: (1) walk-ins or self-referrals; (2) family members; (3) schools; (4) hospitals; (5) community-based providers; (6) mobile mental health crisis teams…
N.Y. Mental Hygiene Law § 36.03 9-8-8 suicide prevention and behavioral health crisis hotline system
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§ 36.03 9-8-8 suicide prevention and behavioral health crisis hotline system. (a) Definitions. When used in this article, the following words and phrases shall have the following meanings unless the specific context clearly indicates otherwise: (1) "9-8-8" means the three digit p…
N.Y. Mental Hygiene Law § 36.04 Certified community behavioral health clinics
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§ 36.04 Certified community behavioral health clinics. (a) The commissioners are authorized to jointly certify community behavioral health clinics, subject to the availability of state and federal funding. (b) Certified community behavioral health clinics shall provide coordinate…
N.Y. Mental Hygiene Law § 36.05 Certified community behavioral health clinics indigent care program
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§ 36.05 Certified community behavioral health clinics indigent care program. (a) (1) For periods on and after July first, two thousand twenty-three, the commissioners are authorized to make payment to eligible certified community behavioral health clinics, to the extent of funds …
N.Y. Mental Hygiene Law § 36.06 Review of criminal history information
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§ 36.06 Review of criminal history information. (a) The justice center for the protection of people with special needs and the office of addiction services and supports shall be authorized to jointly receive from the division of criminal justice services criminal history informat…
N.Y. Mental Hygiene Law § 36.07 Behavioral health crisis technical assistance center
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§ 36.07 Behavioral health crisis technical assistance center. (a) The commissioner, in conjunction with the commissioner of the office of addiction services and supports, shall establish a behavioral health crisis technical assistance center within the office of mental health. Th…
N.Y. Mental Hygiene Law § 36.08 Integrated behavioral health services
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* § 36.08 Integrated behavioral health services. (a) For the purpose of this section "integrated behavioral health services" means the systematic coordination of evidence-based health care services, to include the preventative, diagnostic, therapeutic and rehabilitative care and …
N.Y. Mental Hygiene Law § 41.01 Declaration of purpose
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§ 41.01 Declaration of purpose. This article is designed to enable and encourage local governments to develop in the community preventive, rehabilitative, and treatment services offering continuity of care; to improve and to expand existing community programs for persons with men…
N.Y. Mental Hygiene Law § 41.03 Definitions
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§ 41.03 Definitions.\n When used in this article:\n 1. "local government" means a county, except a county within the city\nof New York, and the city of New York.\n 2. "charter government" means a local government which has its charter\nunder article IX of the constitution and the…
N.Y. Mental Hygiene Law § 41.04 Responsibilities of commissioners of the offices
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§ 41.04 Responsibilities of commissioners of the offices. (a) In order to prevent unnecessary fragmentation in the planning and financing of the care, treatment and rehabilitation of the mentally disabled, the commissioners of the offices in the department shall consult and coope…
N.Y. Mental Hygiene Law § 41.05 Local governmental unit
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§ 41.05 Local governmental unit. (a) To be eligible for state aid pursuant to this chapter, a local government shall establish a local governmental unit, which shall be an identifiable entity within the local government. (b) Each local governmental unit shall have a community ser…
N.Y. Mental Hygiene Law § 41.07 Provision of services by the local governmental unit
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§ 41.07 Provision of services by the local governmental unit. (a) Local governmental units may provide local services and facilities directly or may contract for the provision of those services by other units of local or state government, by voluntary agencies, or by professional…
N.Y. Mental Hygiene Law § 41.09 Director
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§ 41.09 Director. (a) Charter governments may provide for appointment and removal of directors in a manner authorized by such governments. In all other local governments, the board shall appoint and remove the director. Salaries and allowable expenses shall be set by the appointi…
N.Y. Mental Hygiene Law § 41.10 State conference of local mental hygiene directors
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§ 41.10 State conference of local mental hygiene directors. (a) There is hereby created the New York state conference of local mental hygiene directors, hereinafter referred to as the conference. (b) The conference shall be composed of all the directors of community services as d…