Title MHY, Mental Hygiene

§ 47.03 Functions, powers and duties of the service.\n The mental hygiene legal service in each judicial department of the\nstate shall perform the following duties:\n (a) To study and review the admission and retention of all patients or\nresidents which shall include a review o…

§ 5.01 Department of mental hygiene.\n There shall continue to be in the state government a department of\nmental hygiene. Within the department there shall be the following\nautonomous offices:\n (1) office of mental health;\n (2) office for people with developmental disabilitie…

§ 5.03 Commissioners.\n The head of the office of mental health shall be the commissioner of\nmental health; the head of the office for people with developmental\ndisabilities shall be the commissioner of developmental disabilities;\nand the head of the office of addiction servic…

§ 5.05 Powers and duties of the head of the department.\n (a) The commissioners of the office of mental health and the office\nfor people with developmental disabilities, as the heads of the\ndepartment, shall jointly visit and inspect, or cause to be visited and\ninspected, all …

§ 5.06 Behavioral health services advisory council.\n (a) There is hereby created within the department a behavioral health\nservices advisory council, the purpose of which shall be to advise the\noffices of mental health and addiction services and supports on matters\nrelating t…

§ 5.07 Establishment of statewide comprehensive plans of services for\n persons with mental disabilities.\n (a) (1) The behavioral health services advisory council and the\nadvisory council on developmental disabilities shall provide\nrecommendations for statewide priorities and …

§ 5.09 Facilities development corporation.\n (a) The facilities development corporation shall be entitled to\nexclusive possession, jurisdiction, supervision and control of all real\nproperty held for facilities operated by any of the offices of the\ndepartment, such facilities …

§ 61.01 Receipt and disbursement of federal funds.\n (a) The commissioner or his authorized representative may receive,\nuse, or distribute federal financial or technical assistance to support\nconstruction, research, staffing, or other programs or activities in\nmental health, d…

§ 61.03 Department is authorized state agency.\n The department shall be the authority, when designated by the\ngovernor, to supervise and administer financial or technical assistance\nas the designee under a state plan or as may be required by federal\nlegislation making such as…

§ 61.05 Advancement of state mental health and developmental\n disabilities programs through intergovernmental cooperation.\n The commissioner may promote state programs or activities in mental\nhealth, developmental disabilities, alcoholism, drug addiction, and\nother areas with…

§ 67.01 Report of noncitizens.\n The commissioner shall report to appropriate federal authorities all\nnoncitizen mentally disabled persons in department facilities.\n

§ 67.03 Residents.\n (a) For the purposes of this article any person who resides in the\nstate continuously for one year, and any person under the age of sixteen\nor any person with a developmental disability whose parents or persons\nhaving legal custody of him have resided in t…

§ 67.05 Nonresidents.\n (a) The commissioner may enter into reciprocal agreements or establish\ncompacts with other states, commonwealths, territories or possessions of\nthe United States, or their political subdivisions, for the care and\ntreatment of nonresidents in this state …

§ 67.07 Interstate compact.\n (a) The interstate compact on mental health is hereby enacted into law\nand entered into by this state with all other states legally joining\ntherein in the form substantially as follows:\n INTERSTATE COMPACT ON MENTAL HEALTH\n The contracting states…

§ 67.08 Patient transfer to foreign nation.\n (a) The commissioner, or his or her designee, shall have the sole and\nabsolute authority to approve or disapprove a patient application for\ntransfer to a foreign nation pursuant to the Council of Europe\nConvention on the Transfer o…

§ 67.09 Medicaid home and community based services eligibility for\n dependents of certain military service members.\n (a) A dependent of a member of the armed forces of the United States\nor the organized militia of the state, who is a legal resident of this\nstate, having previ…

§ 7.01 Declaration of policy.\n The state of New York and its local governments have a responsibility\nfor the prevention and early detection of mental illness and for the\ncomprehensively planned care, treatment and rehabilitation of their\nmentally ill citizens.\n Therefore, it…

§ 7.03 Definitions.\n As used in this title:\n 1. "Office" means the office of mental health.\n 2. "Commissioner" means the head of the office of mental health.\n 3. "Mental health peer" or "MHP" means an individual with\nlived-experience who is actively in recovery from a mental…

§ 7.07 Office of mental health; scope of responsibilities.\n (a) The office of mental health is charged with the responsibility for\nassuring the development of comprehensive plans, programs, and services\nin the areas of research, prevention, and care, treatment,\nrehabilitation…

§ 7.09 Powers of the office and commissioner; how exercised.\n (a) The commissioner shall exercise all powers vested in the office.\nHe may delegate any function, power, or duty assigned to him or to the\noffice of mental health to a director of a facility operated by such\noffic…

§ 7.11 Organization and administration of the office of mental health\n and its facilities.\n (a) The commissioner shall have the professional jurisdiction,\nsupervision, and control of the office and all department facilities for\nthe mentally ill.\n (b) The commissioner shall c…

§ 7.13 Local services.\n Local services for the mentally ill shall be planned, financed and\nimplemented in accordance with the provisions of article forty-one of\nthis chapter.\n

§ 7.15 Programs of the office of mental health.\n (a) The commissioner shall plan, promote, establish, develop,\ncoordinate, evaluate, and conduct programs and services of prevention,\ndiagnosis, examination, care, treatment, rehabilitation, training, and\nresearch for the benefi…

§ 7.17 Programs, services, and operation of facilities in the office of\n mental health.\n (a) The commissioner shall establish policy and procedures for the\norganization, administration, and operation of the facilities under his\njurisdiction. He shall make provision for the ef…

§ 7.18 Secure treatment facilities in the office.\n (a) There shall be in the office secure treatment facilities, as\ndefined in subdivision (o) of section 10.03 of this title, as designated\nby the commissioner for the care and treatment of dangerous sex\noffenders requiring con…

§ 7.19 Personnel of the office.\n (a) The commissioner or his or her designee may, within the amounts\nappropriated therefor, appoint and remove in accordance with law and\napplicable rules of the state civil service commission, such officers\nand employees of the office of menta…

§ 7.21 Directors of facilities.\n (a) The director of a facility under the jurisdiction of the office of\nmental health shall be its chief executive officer. Each such director\nshall be in the noncompetitive class and designated as confidential as\ndefined by subdivision two-a o…

§ 7.23 Education and training.\n (a) The commissioner shall have the power to establish such programs\nof training and education related to mental illness as he shall deem\ndesirable.\n (b) The director of each facility in the office of mental health with\nthe approval of the com…

§ 7.24 Mental health disorder hospital discharge; policies and\n procedures.\n (a) The office, in consultation with the department of health, shall\ndevelop or utilize existing educational materials to be provided to\ngeneral hospitals to disseminate to individuals with a documen…

§ 7.25 Safety.\n (a) The commissioner and the directors of in-patient facilities in the\noffice of mental health may designate safety officers to act as special\npolice officers whose duty it shall be, under orders of the appropriate\nofficer, to preserve peace and good order in …

§ 7.27 Facility services.\n (a) Chapels. The commissioner may permit any religious or missionary\ncorporation or society or combination of such corporations and societies\nto erect a building on the grounds of any in-patient facility in the\noffice of mental health for the holdin…

§ 7.29 Gifts.\n (a) The commissioner, on behalf of the state and if in the public\ninterest, shall accept, hold in trust, administer, apply, execute, or\nuse gifts, devises, bequests, grants, powers, or trusts of personal or\nreal property made to the state, the office of mental …

§ 7.31 Disposition of moneys and securities.\n (a) The commissioner, or the officer or employee of the office\ndesignated by him, shall:\n 1. Receive and turn over to the comptroller for liquidation all bonds,\nnotes, mortgages, trust funds, and other securities and obligations\n…

§ 7.33 Boards of visitors.\n (a) Each hospital in the department shall have a board of visitors\nconsisting of seven members; provided, however, that a hospital at the\nPilgrim psychiatric center and a hospital at the Rochester psychiatric\ncenter shall have a board of visitors c…

§ 7.35 Actions against persons rendering professional services at the\n request of the office; defense and indemnification.\n The provisions of section seventeen of the public officers law shall\napply to any physician, dentist, psychologist, nurse, optometrist,\nlicensed master …

§ 7.37 Powers of the office and commissioner in relation to the planning\n and referral of mentally ill children for adult services.\n (a) As used in this section:\n 1. "report" means a report submitted to the office pursuant to\nsubparagraph five of paragraph b of subdivision on…

§ 7.37-a Transitional care.\n (a) For purposes of this section, "transitional care" shall mean care\nand maintenance of persons:\n 1. who were placed in foster care by a social services district\npursuant to article six of the social services law and who have become\ntwenty-one y…

§ 7.38 Additional duties of the office with respect to persons receiving\ntransitional care.\n (a) The office shall, in consultation with the department of social\nservices, the education department, the office for people with\ndevelopmental disabilities, and the council on child…

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

§ 7.41 Geriatric service demonstration program.\n (a) The office shall establish a geriatric service demonstration\nprogram to provide grants, within appropriations therefor, to providers\nof mental health care, substance use disorder services, compulsive\ngambling services, or a…

§ 7.43 The children's plan.\n The commissioner of mental health, in consultation with the state\ncouncil on children and families pursuant to section four hundred\neighty-three-f of the social services law, shall oversee the\nimplementation of the children's plan, developed pursu…

§ 7.45 Retaliatory personnel actions.\n Employees of facilities, programs and providers operated, licensed,\ncertified, authorized or funded by the office shall have protection from\nretaliatory action from employers as provided for in sections seven\nhundred forty and seven hund…

§ 7.47 Mental illness anti-stigma grants.\n (a) The office shall develop and implement a program which provides\ngrants to organizations engaged in activities which eliminate the stigma\nattached to mental illness and those with mental health needs.\n (b) On or before the first d…

* § 7.49 Reporting obligations.\n The office shall post annually on or before January first on its\nwebsite:\n (a) the number of defendants committed to the custody of the\ncommissioner by a final order of observation issued pursuant to section\n730.40 of the criminal procedure l…

§ 71.01 Acquisition of real property.\n (a) The head of each office of the department, as defined in section\n5.03 of this chapter, when an appropriation therefor has been made by\nthe legislature, may acquire, for and on behalf of the health and mental\nhygiene facilities improv…

§ 75.01 Short title.\n This article shall be known and may be cited and referred to as the\n"community mental health services and developmental disabilities\nservices companies law".\n

§ 75.03 Policy and purposes of article.\n It is hereby declared that the provision of new and improved community\nfacilities is necessary to care for the increasing number of persons\nafflicted with mental disability. Such facilities should be located\nclose to the people they se…

§ 75.05 Definitions.\n As used in this article the following words and phrases shall have the\nfollowing meanings unless a different meaning is plainly required by the\ncontext:\n 1. "Company", "community mental health services company" or "community\ndevelopmental disabilities s…

§ 75.07 Companies; how created.\n Notwithstanding the provisions of any other law or requirement to the\ncontrary, companies shall be incorporated and organized pursuant to the\nnot-for-profit corporation law and this article.\n In addition to those matters required to be set for…

§ 75.09 Approval of commissioner.\n Whenever any such certificate shall be presented to the secretary of\nstate, he shall not file such certificate unless there is endorsed\nthereon or annexed thereto the written approval of the commissioner in\naccordance with section 13.22 of t…