Title MHY, Mental Hygiene

§ 15.09 Notices to mental hygiene legal service concerning minors.\n When any person under the age of eighteen years is admitted to or is\nconverted from one admission status to another in any school, written\nnotice of such admission or conversion shall be given to the mental\nh…

§ 15.11 Records of residents.\n The director of a school shall within five days, excluding Sunday and\nholidays, after the admission of any resident forward to the mental\nhygiene legal service a record of such resident and shall simultaneously\nforward to the department such inf…

§ 15.13 Voluntary admissions.\n (a) The director of any school may receive as a voluntary resident any\nperson suitable for care and treatment, who voluntarily makes written\napplication therefor. If such person be under eighteen years of age the\napplication shall be made by the…

§ 15.15 Voluntary admissions; suitability.\n (a) In order for a person to be suitable for admission to a school as\na voluntary resident, or for conversion to such status he must be\nnotified of and have the ability to understand the following:\n 1. that the school to which he is…

§ 15.17 Voluntary admissions; notices.\n The director shall cause all residents admitted on their own\napplication as voluntary residents to be informed annually of their\nstatus and rights as voluntary residents, including their right to avail\nthemselves of the facilities of th…

§ 15.19 Voluntary admissions; encouragement of.\n (a) It shall be the duty of all state and local officers having duties\nto perform relating to persons with developmental disabilities to\nencourage any such person suitable therefor and in need of care and\ntreatment for a develo…

§ 15.21 Voluntary admissions; conversion to.\n (a) Nothing contained in this article shall be construed to prohibit\nany director from converting, and it shall be his duty to convert, the\nadmission of any involuntary resident suitable and willing to apply\ntherefor to a voluntar…

§ 15.23 Voluntary admissions; review of status.\n (a) No voluntary resident, whether admitted on such status or\nconverted thereto, shall be continued in such status for a period beyond\ntwelve months from the date of commencement of such status or beyond\ntwelve months from the …

§ 15.25 Admission and retention of certain non-objecting residents.\n (a) The director of any school may receive and retain therein as a\nresident any person in need of care and treatment who does not object\nthereto and who is so profoundly or severely developmentally disabled\n…

§ 15.27 Involuntary admission on medical certification.\n (a) The commissioner may receive and retain in a school, as a resident\nany person alleged to have a developmental disability and be in need of\ninvoluntary care and treatment upon the certificates of two examining\nphysic…

§ 15.29 Involuntary admission on medical certification; notice of\n admission to residents and others.\n (a) The director shall cause written notice of a person's involuntary\nadmission on an application supported by medical certification to be\ngiven forthwith to the mental hygi…

§ 15.31 Involuntary admission on medical certification; resident's right\n to a hearing.\n (a) If, at any time prior to the expiration of sixty days from the\ndate of involuntary admission of a resident on an application supported\nby medical certification, he or any relative or …

§ 15.33 Court authorization to retain an involuntary resident.\n (a) If the director shall determine that a resident admitted upon an\napplication supported by medical certification, for whom there is no\ncourt order authorizing retention for a specified period, is in need of\nre…

§ 15.35 Review of court authorization to retain an involuntary resident.\n If a person who has been denied release or whose retention or\ncontinued retention has been authorized pursuant to this article, or any\nrelative or friend in his behalf, be dissatisfied with any such orde…

§ 15.37 Transfer of juvenile delinquents.\n (a) The commissioner shall receive and arrange for the admission of\njuvenile delinquents temporarily transferred to his custody pursuant to\nsection 353.4 of the family court act to the appropriate office\nfacility.\n (b) Immediately u…

§ 16.00 Regulation and quality control of services for individuals with\n developmental disabilities.\n This article sets forth provisions enabling the commissioner of the\noffice for people with developmental disabilities to regulate and assure\nthe consistent high quality of se…

§ 16.01 Evaluation of services for persons with developmental\n disabilities.\n (a) The commissioner shall ensure that all services provided under\nthis chapter for persons with developmental disabilities are\nperiodically evaluated.\n (b) The commissioner shall, by regulations, …

§ 16.03 Operating certificate required.\n (a) No provider of services shall engage in any of the following\nactivities without an operating certificate issued by the commissioner\npursuant to this article:\n (1) Operation of a residential facility for the care and treatment of\np…

§ 16.05 Issuance of operating certificates.\n (a)(1) Application for an operating certificate shall be made upon\nforms prescribed by the commissioner.\n (2) Application shall be made by the person or entity responsible for\noperation of the facility or provider of services as de…

§ 16.09 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 articl…

§ 16.11 Oversight of facilities and services. (a) The commissioner shall\nprovide for the oversight of facilities and providers of services\nholding operating certificates pursuant to section 16.03 of this article\nand shall provide for the annual review of such facilities and pr…

§ 16.13 Duties of providers of services.\n It shall be the duty of every holder of an operating certificate\nissued pursuant to this article or organization whose incorporation or\nactivities require the approval of the commissioner, or program funded\nor administered by the offi…

§ 16.17 Suspension, revocation, or limitation of an operating\n certificate.\n (a) The commissioner may revoke, suspend, or limit an operating\ncertificate or impose the penalties described in subparagraph a, b, c or\nd of paragraph one of subdivision (b) or in subdivision (g) of…

§ 16.19 Confinement, care and treatment of persons with developmental\n disabilities.\n (a) No individual who is or appears to have a developmental disability\nshall be detained, deprived of liberty or otherwise confined without\nlawful authority, or inadequately, unskillfully, c…

§ 16.21 Injunctions.\n (a) The supreme court may, on application of the commissioner, enjoin\nviolations or threatened violations of any provision of this article or\nviolations of the regulations of the office established pursuant to this\nchapter. Upon request of the commission…

§ 16.23 Family care homes.\n (a) Family care homes shall be subject to visitation and inspection of\nthe office.\n (b) Operation of a family care home shall be in accordance with an\noperating certificate issued pursuant to section 16.05 of this article,\nsubject to the following…

* § 16.25 Temporary operator.\n (a) For the purposes of this section:\n (1) "Established operator" shall mean the provider of services that\nhas been established and issued an operating certificate pursuant to\nthis article.\n (2) "Extraordinary financial assistance" shall mean s…

§ 16.27 Residential facilities; receivership.\n (a) The operator of any facility may at any time request the office to\ntake over the operation of such facility by the appointment of a\nreceiver. Upon receiving such a request, the office may, if it deems\nsuch action desirable, e…

§ 16.29 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 t…

§ 16.31 Monthly personal allowances.\n (a) All persons residing in facilities for which an operating\ncertificate is required pursuant to this article shall be entitled to an\nexemption from income as a personal needs allowance in the following\namounts:\n 1. For persons residing…

§ 16.32 Improper expenditure of moneys.\n (a) No provider of services certified pursuant to this article shall\nmake any charitable contribution of any state moneys, medical assistance\npayments or social security or supplemental security income or any\ninterest or other income e…

§ 16.33 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 to provide services, except (1) a\ndepartment facility, (2) a hospital as defined i…

§ 16.34 Certain information regarding persons working with people with\n developmental disabilities.\n (a) Upon a request to the justice center for criminal history\ninformation for a prospective employee or volunteer pursuant to section\neight hundred forty-five-b of the executi…

§ 16.35 Developmental disabilities services quality improvement\n demonstration program.\n (a) For purposes of this section "facility" means any not-for-profit\nor public agency regulated by the office that provides services funded\nin whole or in part by the state.\n (b) Notwith…

§ 16.37 Autism spectrum disorder booklet; first responders.\n The commissioner, in consultation with other appropriate agency\nrepresentatives, shall prepare for publication and cause to be\ndistributed to first responders, including emergency medical services\npersonnel, firefig…

§ 19.01 Declaration of policy.\n The legislature declares the following:\n Alcoholism, substance abuse and chemical dependence pose major health\nand social problems for individuals and their families when left\nuntreated, including family devastation, homelessness, and unemploym…

§ 19.03 Definitions. As used in this title:\n 1. "Office" means the office of alcoholism and substance abuse\nservices.\n 2. "Commissioner" means the commissioner of the office of alcoholism\nand substance abuse services.\n

§ 19.06 Advisory council on underage alcohol consumption and youth\n substance abuse.\n 1. Definitions. As used in this section:\n (a) "Council" shall mean the advisory council on underage alcohol\nconsumption and youth substance abuse created by this section.\n (b) "Chairperson"…

§ 19.07 Office of alcoholism and substance abuse services; scope of\n responsibilities.\n (a) The office of alcoholism and substance abuse services is charged\nwith the responsibility for assuring the development of comprehensive\nplans, programs, and services in the areas of res…

§ 19.09 Powers of the office and commissioner; how exercised.\n (a) The commissioner shall exercise all powers vested in the office.\nHe or she may delegate any function, power, or duty assigned to him or\nher or to the office of alcoholism and substance abuse services to a\ndire…

§ 19.10 Status of facilities.\n A rehabilitation center, a medical examination facility, or such other\nfacility or facilities as may be established and operated by the office\npursuant to the provisions of section 19.09 of this article shall be\nmental hygiene facilities in the …

§ 19.11 Organization and administration of the office of alcoholism and\n substance abuse services and its facilities.\n (a) The commissioner shall have the professional jurisdiction,\nsupervision, and control of the office and all department facilities\nwhich provide alcoholism …

§ 19.13 Local services.\n (a) Local services for persons who abuse or are dependent on alcohol\nshall be planned, financed, and implemented in accordance with article\nforty-one of this chapter.\n (b) Local services for persons who abuse or are dependent on\nsubstances shall be p…

§ 19.14 Civil actions against certain officers and employees of the\n office.\n (a) No civil action shall be brought in any court of the state, except\nby the attorney general on behalf of the state, against an officer or\nemployee of the office who is charged with the duty of se…

§ 19.15 Programs of the office of alcoholism and substance abuse\n services.\n (a) With the advice of the advisory council on alcoholism and\nsubstance abuse services, and with the assistance of any\ninterdepartmental council or committee heretofore or hereafter\nestablished that…

§ 19.16 Methadone Registry.\n The office shall establish and maintain, either directly or through\ncontract, a central registry for purposes of preventing multiple\nenrollment, ensuring accurate dosage delivery and facilitating disaster\nmanagement in methadone programs. The offi…

§ 19.17 Programs, services, and operation of facilities in the office of\n alcoholism and substance abuse services.\n (a) The commissioner shall establish policy and procedure for the\norganization, administration, and operation of facilities under his or\nher jurisdiction. He or…

§ 19.18-b Certified peer recovery advocate services program.\n 1. For purposes of this subdivision "certified peer recovery advocate\nservices" means participant-centered services that emphasize knowledge\nand wisdom through lived experience in which peers are encouraged to\nshar…

§ 19.18-c Corrections-based substance use disorder treatment and\n transition services.\n 1. Notwithstanding any other provision of this chapter, the\ncommissioner, in consultation with local governmental units, county\nsheriffs, the New York city department of corrections and ot…

§ 19.19 Personnel of the office.\n (a) The commissioner shall, within the amounts appropriated therefor,\nappoint and remove in accordance with law and applicable rules of the\nstate civil service commission, such officers and employees of the\noffice of alcoholism and substance …