Title MHY, Mental Hygiene

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

§ 5.01 Department of mental hygiene. There shall continue to be in the state government a department of mental hygiene. Within the department there shall be the following autonomous offices: (1) office of mental health; (2) office for people with developmental disabilities; (3) o…

§ 5.03 Commissioners. The head of the office of mental health shall be the commissioner of mental health; the head of the office for people with developmental disabilities shall be the commissioner of developmental disabilities; and the head of the office of addiction services an…

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

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

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

§ 5.09 Facilities development corporation. (a) The facilities development corporation shall be entitled to exclusive possession, jurisdiction, supervision and control of all real property held for facilities operated by any of the offices of the department, such facilities being…

§ 61.01 Receipt and disbursement of federal funds. (a) The commissioner or his authorized representative may receive, use, or distribute federal financial or technical assistance to support construction, research, staffing, or other programs or activities in mental health, develo…

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

§ 61.05 Advancement of state mental health and developmental disabilities programs through intergovernmental cooperation. The commissioner may promote state programs or activities in mental health, developmental disabilities, alcoholism, drug addiction, and other areas within the…

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

§ 67.03 Residents. (a) For the purposes of this article any person who resides in the state continuously for one year, and any person under the age of sixteen or any person with a developmental disability whose parents or persons having legal custody of him have resided in the st…

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

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

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

§ 67.09 Medicaid home and community based services eligibility for dependents of certain military service members. (a) A dependent of a member of the armed forces of the United States or the organized militia of the state, who is a legal resident of this state, having previously …

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

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

§ 7.07 Office of mental health; scope of responsibilities. (a) The office of mental health is charged with the responsibility for assuring the development of comprehensive plans, programs, and services in the areas of research, prevention, and care, treatment, rehabilitation, edu…

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

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

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

§ 7.15 Programs of the office of mental health. (a) The commissioner shall plan, promote, establish, develop, coordinate, evaluate, and conduct programs and services of prevention, diagnosis, examination, care, treatment, rehabilitation, training, and research for the benefit of …

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

§ 7.18 Secure treatment facilities in the office. (a) There shall be in the office secure treatment facilities, as defined in subdivision (o) of section 10.03 of this title, as designated by the commissioner for the care and treatment of dangerous sex offenders requiring confinem…

§ 7.19 Personnel of the office. (a) The commissioner or his or her designee may, within the amounts appropriated therefor, appoint and remove in accordance with law and applicable rules of the state civil service commission, such officers and employees of the office of mental hea…

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

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

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

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

§ 7.27 Facility services. (a) Chapels. The commissioner may permit any religious or missionary corporation or society or combination of such corporations and societies to erect a building on the grounds of any in-patient facility in the office of mental health for the holding of …

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

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

§ 7.33 Boards of visitors. (a) Each hospital in the department shall have a board of visitors consisting of seven members; provided, however, that a hospital at the Pilgrim psychiatric center and a hospital at the Rochester psychiatric center shall have a board of visitors consis…

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

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

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

§ 7.38 Additional duties of the office with respect to persons receiving transitional care. (a) The office shall, in consultation with the department of social services, the education department, the office for people with developmental disabilities, and the council on children a…

§ 7.39 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 corporati…

§ 7.41 Geriatric service demonstration program. (a) The office shall establish a geriatric service demonstration program to provide grants, within appropriations therefor, to providers of mental health care, substance use disorder services, compulsive gambling services, or any co…

§ 7.43 The children's plan. The commissioner of mental health, in consultation with the state council on children and families pursuant to section four hundred eighty-three-f of the social services law, shall oversee the implementation of the children's plan, developed pursuant t…

§ 7.45 Retaliatory personnel actions. Employees of facilities, programs and providers operated, licensed, certified, authorized or funded by the office shall have protection from retaliatory action from employers as provided for in sections seven hundred forty and seven hundred f…

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

* § 7.49 Reporting obligations. The office shall post annually on or before January first on its website: (a) the number of defendants committed to the custody of the commissioner by a final order of observation issued pursuant to section 730.40 of the criminal procedure law; (b)…

§ 71.01 Acquisition of real property. (a) The head of each office of the department, as defined in section 5.03 of this chapter, when an appropriation therefor has been made by the legislature, may acquire, for and on behalf of the health and mental hygiene facilities improvement…

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

§ 75.03 Policy and purposes of article. It is hereby declared that the provision of new and improved community facilities is necessary to care for the increasing number of persons afflicted with mental disability. Such facilities should be located close to the people they serve i…

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

§ 75.07 Companies; how created. Notwithstanding the provisions of any other law or requirement to the contrary, companies shall be incorporated and organized pursuant to the not-for-profit corporation law and this article. In addition to those matters required to be set forth in …

§ 75.09 Approval of commissioner. Whenever any such certificate shall be presented to the secretary of state, he shall not file such certificate unless there is endorsed thereon or annexed thereto the written approval of the commissioner in accordance with section 13.22 of this c…