Title MHY, Mental Hygiene

§ 32.19 Powers of subpoena and examination.\n In conducting any investigation, inspection, or hearing under this\nchapter, the commissioner and his or her authorized representative are\nempowered to subpoena witnesses, compel their attendance, administer\noaths to witnesses, exam…

§ 32.20 Temporary operator. 1. For the purposes of this section:\n (a) "chemical dependence treatment program" shall mean a program\ncertified pursuant to section 32.05 of this article;\n (b) "established operator" shall mean the operator of a chemical\ndependence treatment progr…

§ 32.21 Suspension, revocation, or limitation of operating certificates\n and imposition of fines.\n (a) The commissioner may revoke, suspend, or limit an operating\ncertificate upon a determination that the holder of the certificate has\nfailed to comply with the terms of its op…

§ 32.23 Formal hearings; procedure.\n (a) Unless otherwise provided by law, when a hearing must be afforded\npursuant to this article, the hearing shall be held without undue delay\nand all parties shall be given reasonable notice of the time, place, and\nnature of the hearing.\n…

§ 32.25 Confinement, care, and treatment of persons suffering from\n chemical abuse or dependence.\n (a) No individual who is or appears to be suffering from chemical\nabuse or dependence shall be detained, deprived of his or her liberty,\nor otherwise confined without lawful aut…

§ 32.27 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\noffice established pursuant to this article. Upon request of the\ncommissioner, th…

§ 32.29 Approval of new construction.\n (a) As used or referred to in this section, unless a different meaning\nclearly appears from the context:\n 1. "Facility" is limited to a facility in which services are offered\nfor which an operating certificate is required by this article…

§ 32.31 Establishment or incorporation of facilities for chemical\n dependence services.\n (a) No provider of services or facility providing chemical dependence\nservices shall be established except with the written approval of the\ncommissioner. No certificate of incorporation o…

§ 32.33 Improper expenditures of money.\n Improper expenditures of money shall include, but not be limited to,\nthe following:\n (a) No provider of services issued an operating certificate pursuant\nto this article shall make any charitable contribution of state moneys,\nmedical …

§ 32.35 Disclosure by members, officers and employees.\n In the event that a provider of services certified by the office of\nalcoholism and substance abuse services enters into an agreement or has\nentered into an agreement for the purchase, lease, rehabilitation or\nimprovement…

§ 32.36 Crisis stabilization services.\n The commissioner shall be authorized, in conjunction with the\ncommissioner of the office of mental health, to create crisis\nstabilization centers within New York state in accordance with article\nthirty-six of this title, including the p…

§ 32.37 Registration and notification of boards of directors or trustees\n of certain voluntary not-for-profit facilities or\n corporations.\n (a) Notwithstanding any other law, rule, or regulation, the executive\ndirector, chairperson or president of a voluntary, not-for-profit\…

§ 32.38 The recovery tax credit program.\n (a) Authorization. The commissioner is authorized to and shall\nestablish and administer the recovery tax credit program to provide tax\nincentives to certified employers for employing eligible individuals in\nrecovery from a substance u…

§ 32.39 Fiscal year report.\n (a) Every provider of chemical dependence services which is required\nto have an operating certificate pursuant to this chapter shall within\none hundred twenty days after the end of its fiscal year, file an annual\nreport with the commissioner. Said…

§ 33.01 Protection of patients' rights.\n Notwithstanding any other provision of law, no person shall be\ndeprived of any civil right, if in all other respects qualified and\neligible, solely by reason of receipt of services for a mental\ndisability nor shall the receipt of such …

§ 33.02 Notice of rights of individuals with mental disabilities.\n (a) In order to ensure that residents of facilities or programs\noperated or licensed by the office of mental health and facilities or\nprograms operated or certified by the office for people with\ndevelopmental …

§ 33.03 Quality of care and treatment.\n (a) Each patient in a facility and each person receiving services for\nmental disability shall receive care and treatment that is suited to his\nneeds and skillfully, safely, and humanely administered with full\nrespect for his dignity and…

§ 33.04 Restraint of patients.\n (a) As used in this section, "restraint" means the use of an apparatus\non a patient which prevents the free movement of both arms or both legs\nor which totally immobilizes such patient, and which the patient is\nunable to remove easily.\n (b) Re…

§ 33.05 Communications and visits.\n (a) Each patient in a facility shall have the right to communicate\nfreely and privately with persons outside the facility as frequently as\nhe wishes, subject to regulations of the commissioner designed to assure\nthe safety and welfare of pa…

§ 33.06 Reports of abuse, neglect, and significant incidents.\n The executive director of the justice center for the protection of\npeople with special needs, in consultation with the commissioner of the\noffice of mental health, the commissioner of the office of alcoholism\nand …

§ 33.07 * Care and custody of the personal property of persons receiving\n services.\n * NB Effective until June 30, 2027\n * Care and custody of the personal property of patients.\n * NB Effective June 30, 2027\n (a) A patient's right to retain his personal belongings upon admis…

§ 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…

§ 33.09 Employment of patients.\n (a) The department shall encourage employment of patients as part of\ntherapeutic, community care, or release programs and shall promote\ntraining of patients for gainful employment. The commissioner shall\nadopt regulations to further the purpos…

§ 33.11 Education for children with mental disabilities.\n The office of mental health and the office for people with\ndevelopmental disabilities shall provide the same education for patients\nin office of mental health hospitals and residents in office for people\nwith developme…

§ 33.12 Hearing evaluation.\n The office for people with developmental disabilities shall provide\nsuitable hearing evaluations periodically for the residents in state\nschools. Upon the ascertainment that any resident so evaluated is deaf\nor hard of hearing, it shall be the dut…

§ 33.13 Clinical records; confidentiality.\n (a) A clinical record for each patient or client shall be maintained\nat each facility licensed or operated by the office of mental health or\nthe office for people with developmental disabilities, hereinafter\nreferred to as the offic…

§ 33.14 Sealing of records pertaining to treatment for mental illness.\n (a) (1) Any person who has been admitted to receive inpatient or\noutpatient services for mental illness may commence a special proceeding\nin the supreme court for an order directing the sealing of those re…

§ 33.15 Habeas corpus.\n (a) A person retained by a facility or the department or a relative or\nfriend on his behalf is entitled to a writ of habeas corpus to question\nthe cause and legality of detention upon proper application.\n (b) Upon the return of such a writ of habeas co…

§ 33.16 Access to clinical records.\n (a) Definitions. For the purposes of this section:\n 1. "Clinical record" means any information concerning or relating to\nthe examination or treatment of an identifiable patient or client\nmaintained or possessed by a facility which has trea…

§ 33.17 Transportation of individuals.\n Within staffing limitations and upon request, an individual who is\nbeing transported to or from a facility may be accompanied by same\ngender staff.\n

§ 33.21 Consent for mental health treatment of minors.\n (a) For the purposes of this section:\n (1) "minor" shall mean a person under eighteen years of age, but shall\nnot include a person who is the parent of a child, emancipated, has\nmarried or is on voluntary status on their…

§ 33.23 Incident notifications and reports.\n (a) The director of a facility, as defined in subdivision six of\nsection 1.03 of this chapter, shall provide telephone notice of an\nincident involving a patient receiving care and treatment at such\nfacility to a qualified person, a…

§ 33.25 Release of records pertaining to allegations and investigations\n of abuse and mistreatment.\n (a) Records and documents pertaining to allegations and investigations\ninto reportable incidents at a facility, as defined in subdivision six\nof section 1.03 of this chapter, …

§ 33.27 Independent substance use disorder and mental health ombudsman.\n (a) There is hereby established the office of the independent\nsubstance use disorder and mental health ombudsman program that will be\noperated or selected by the office of addiction services and supports,…

§ 33.28 Independent developmental disability ombudsman program.\n (a) There is hereby established by the office for people with\ndevelopmental disabilities the independent developmental disability\nombudsman program for the purpose of assisting individuals with\ndevelopmental dis…

§ 36.01 Crisis stabilization centers.\n (a) (1) The commissioners are authorized to jointly license crisis\nstabilization centers subject to the availability of state and federal\nfunding.\n (2) A crisis stabilization center shall serve as a voluntary and\nurgent service provider…

§ 36.02 Referral to crisis stabilization centers.\n (a) A referral to crisis stabilization centers may include but not be\nlimited to: (1) walk-ins or self-referrals; (2) family members; (3)\nschools; (4) hospitals; (5) community-based providers; (6) mobile mental\nhealth crisis …

§ 36.03 9-8-8 suicide prevention and behavioral health crisis hotline\n system.\n (a) Definitions. When used in this article, the following words and\nphrases shall have the following meanings unless the specific context\nclearly indicates otherwise:\n (1) "9-8-8" means the three…

§ 36.04 Certified community behavioral health clinics.\n (a) The commissioners are authorized to jointly certify community\nbehavioral health clinics, subject to the availability of state and\nfederal funding.\n (b) Certified community behavioral health clinics shall provide\ncoo…

§ 36.05 Certified community behavioral health clinics indigent care\n program.\n (a) (1) For periods on and after July first, two thousand\ntwenty-three, the commissioners are authorized to make payment to\neligible certified community behavioral health clinics, to the extent of\…

§ 36.06 Review of criminal history information.\n (a) The justice center for the protection of people with special needs\nand the office of addiction services and supports shall be authorized to\njointly receive from the division of criminal justice services criminal\nhistory inf…

§ 36.07 Behavioral health crisis technical assistance center.\n (a) The commissioner, in conjunction with the commissioner of the\noffice of addiction services and supports, shall establish a behavioral\nhealth crisis technical assistance center within the office of mental\nhealt…

* § 36.08 Integrated behavioral health services.\n (a) For the purpose of this section "integrated behavioral health\nservices" means the systematic coordination of evidence-based health\ncare services, to include the preventative, diagnostic, therapeutic and\nrehabilitative care…

§ 41.01 Declaration of purpose.\n This article is designed to enable and encourage local governments to\ndevelop in the community preventive, rehabilitative, and treatment\nservices offering continuity of care; to improve and to expand existing\ncommunity programs for persons wit…

§ 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…

§ 41.04 Responsibilities of commissioners of the offices.\n (a) In order to prevent unnecessary fragmentation in the planning and\nfinancing of the care, treatment and rehabilitation of the mentally\ndisabled, the commissioners of the offices in the department shall\nconsult and …

§ 41.05 Local governmental unit.\n (a) To be eligible for state aid pursuant to this chapter, a local\ngovernment shall establish a local governmental unit, which shall be an\nidentifiable entity within the local government.\n (b) Each local governmental unit shall have a communi…

§ 41.07 Provision of services by the local governmental unit.\n (a) Local governmental units may provide local services and facilities\ndirectly or may contract for the provision of those services by other\nunits of local or state government, by voluntary agencies, or by\nprofess…

§ 41.09 Director.\n (a) Charter governments may provide for appointment and removal of\ndirectors in a manner authorized by such governments. In all other local\ngovernments, the board shall appoint and remove the director. Salaries\nand allowable expenses shall be set by the app…

§ 41.10 State conference of local mental hygiene directors.\n (a) There is hereby created the New York state conference of local\nmental hygiene directors, hereinafter referred to as the conference.\n (b) The conference shall be composed of all the directors of community\nservice…