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0 chapters · 520 sections in this title.
N.Y. Mental Hygiene Law § 15.09 Notices to mental hygiene legal service concerning minors
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§ 15.09 Notices to mental hygiene legal service concerning minors. When any person under the age of eighteen years is admitted to or is converted from one admission status to another in any school, written notice of such admission or conversion shall be given to the mental hygien…
N.Y. Mental Hygiene Law § 15.11 Records of residents
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§ 15.11 Records of residents. The director of a school shall within five days, excluding Sunday and holidays, after the admission of any resident forward to the mental hygiene legal service a record of such resident and shall simultaneously forward to the department such informat…
N.Y. Mental Hygiene Law § 15.13 Voluntary admissions
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§ 15.13 Voluntary admissions. (a) The director of any school may receive as a voluntary resident any person suitable for care and treatment, who voluntarily makes written application therefor. If such person be under eighteen years of age the application shall be made by the pare…
N.Y. Mental Hygiene Law § 15.15 Voluntary admissions; suitability
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§ 15.15 Voluntary admissions; suitability. (a) In order for a person to be suitable for admission to a school as a voluntary resident, or for conversion to such status he must be notified of and have the ability to understand the following: 1. that the school to which he is reque…
N.Y. Mental Hygiene Law § 15.17 Voluntary admissions; notices
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§ 15.17 Voluntary admissions; notices. The director shall cause all residents admitted on their own application as voluntary residents to be informed annually of their status and rights as voluntary residents, including their right to avail themselves of the facilities of the men…
N.Y. Mental Hygiene Law § 15.19 Voluntary admissions; encouragement of
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§ 15.19 Voluntary admissions; encouragement of. (a) It shall be the duty of all state and local officers having duties to perform relating to persons with developmental disabilities to encourage any such person suitable therefor and in need of care and treatment for a development…
N.Y. Mental Hygiene Law § 15.21 Voluntary admissions; conversion to
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§ 15.21 Voluntary admissions; conversion to. (a) Nothing contained in this article shall be construed to prohibit any director from converting, and it shall be his duty to convert, the admission of any involuntary resident suitable and willing to apply therefor to a voluntary sta…
N.Y. Mental Hygiene Law § 15.23 Voluntary admissions; review of status
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§ 15.23 Voluntary admissions; review of status. (a) No voluntary resident, whether admitted on such status or converted thereto, shall be continued in such status for a period beyond twelve months from the date of commencement of such status or beyond twelve months from the effec…
N.Y. Mental Hygiene Law § 15.25 Admission and retention of certain non-objecting residents
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§ 15.25 Admission and retention of certain non-objecting residents. (a) The director of any school may receive and retain therein as a resident any person in need of care and treatment who does not object thereto and who is so profoundly or severely developmentally disabled that …
N.Y. Mental Hygiene Law § 15.27 Involuntary admission on medical certification
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§ 15.27 Involuntary admission on medical certification. (a) The commissioner may receive and retain in a school, as a resident any person alleged to have a developmental disability and be in need of involuntary care and treatment upon the certificates of two examining physicians …
N.Y. Mental Hygiene Law § 15.29 Involuntary admission on medical certification; notice of admission to residents and others
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§ 15.29 Involuntary admission on medical certification; notice of admission to residents and others. (a) The director shall cause written notice of a person's involuntary admission on an application supported by medical certification to be given forthwith to the mental hygiene le…
N.Y. Mental Hygiene Law § 15.31 Involuntary admission on medical certification; resident's right to a hearing
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§ 15.31 Involuntary admission on medical certification; resident's right to a hearing. (a) If, at any time prior to the expiration of sixty days from the date of involuntary admission of a resident on an application supported by medical certification, he or any relative or friend…
N.Y. Mental Hygiene Law § 15.33 Court authorization to retain an involuntary resident
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§ 15.33 Court authorization to retain an involuntary resident. (a) If the director shall determine that a resident admitted upon an application supported by medical certification, for whom there is no court order authorizing retention for a specified period, is in need of retenti…
N.Y. Mental Hygiene Law § 15.35 Review of court authorization to retain an involuntary resident
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§ 15.35 Review of court authorization to retain an involuntary resident. If a person who has been denied release or whose retention or continued retention has been authorized pursuant to this article, or any relative or friend in his behalf, be dissatisfied with any such order he…
N.Y. Mental Hygiene Law § 15.37 Transfer of juvenile delinquents
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§ 15.37 Transfer of juvenile delinquents. (a) The commissioner shall receive and arrange for the admission of juvenile delinquents temporarily transferred to his custody pursuant to section 353.4 of the family court act to the appropriate office facility. (b) Immediately upon the…
N.Y. Mental Hygiene Law § 16.00 Regulation and quality control of services for individuals with developmental disabilities
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§ 16.00 Regulation and quality control of services for individuals with developmental disabilities. This article sets forth provisions enabling the commissioner of the office for people with developmental disabilities to regulate and assure the consistent high quality of services…
N.Y. Mental Hygiene Law § 16.01 Evaluation of services for persons with developmental disabilities
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§ 16.01 Evaluation of services for persons with developmental disabilities. (a) The commissioner shall ensure that all services provided under this chapter for persons with developmental disabilities are periodically evaluated. (b) The commissioner shall, by regulations, establis…
N.Y. Mental Hygiene Law § 16.03 Operating certificate required
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§ 16.03 Operating certificate required. (a) No provider of services shall engage in any of the following activities without an operating certificate issued by the commissioner pursuant to this article: (1) Operation of a residential facility for the care and treatment of persons …
N.Y. Mental Hygiene Law § 16.05 Issuance of operating certificates
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§ 16.05 Issuance of operating certificates. (a)(1) Application for an operating certificate shall be made upon forms prescribed by the commissioner. (2) Application shall be made by the person or entity responsible for operation of the facility or provider of services as describe…
N.Y. Mental Hygiene Law § 16.09 Approval of new construction
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§ 16.09 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. For…
N.Y. Mental Hygiene Law § 16.11 Oversight of facilities and services
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§ 16.11 Oversight of facilities and services. (a) The commissioner shall provide for the oversight of facilities and providers of services holding operating certificates pursuant to section 16.03 of this article and shall provide for the annual review of such facilities and provi…
N.Y. Mental Hygiene Law § 16.13 Duties of providers of services
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§ 16.13 Duties of providers of services. It shall be the duty of every holder of an operating certificate issued pursuant to this article or organization whose incorporation or activities require the approval of the commissioner, or program funded or administered by the office to…
N.Y. Mental Hygiene Law § 16.17 Suspension, revocation, or limitation of an operating certificate
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§ 16.17 Suspension, revocation, or limitation of an operating certificate. (a) The commissioner may revoke, suspend, or limit an operating certificate or impose the penalties described in subparagraph a, b, c or d of paragraph one of subdivision (b) or in subdivision (g) of this …
N.Y. Mental Hygiene Law § 16.19 Confinement, care and treatment of persons with developmental disabilities
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§ 16.19 Confinement, care and treatment of persons with developmental disabilities. (a) No individual who is or appears to have a developmental disability shall be detained, deprived of liberty or otherwise confined without lawful authority, or inadequately, unskillfully, cruelly…
N.Y. Mental Hygiene Law § 16.21 Injunctions
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§ 16.21 Injunctions. (a) The supreme court may, on application of the commissioner, enjoin violations or threatened violations of any provision of this article or violations of the regulations of the office established pursuant to this chapter. Upon request of the commissioner, t…
N.Y. Mental Hygiene Law § 16.23 Family care homes
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§ 16.23 Family care homes. (a) Family care homes shall be subject to visitation and inspection of the office. (b) Operation of a family care home shall be in accordance with an operating certificate issued pursuant to section 16.05 of this article, subject to the following additi…
N.Y. Mental Hygiene Law § 16.25 Temporary operator
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* § 16.25 Temporary operator. (a) For the purposes of this section: (1) "Established operator" shall mean the provider of services that has been established and issued an operating certificate pursuant to this article. (2) "Extraordinary financial assistance" shall mean state fun…
N.Y. Mental Hygiene Law § 16.27 Residential facilities; receivership
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§ 16.27 Residential facilities; receivership. (a) The operator of any facility may at any time request the office to take over the operation of such facility by the appointment of a receiver. Upon receiving such a request, the office may, if it deems such action desirable, enter …
N.Y. Mental Hygiene Law § 16.29 Abuse, neglect, and significant incidents involving vulnerable persons
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§ 16.29 Abuse, neglect, and significant incidents involving vulnerable persons. (a) The commissioner, in consultation with the executive director of the justice center for the protection of people with special needs, shall promulgate regulations establishing standards for the pro…
N.Y. Mental Hygiene Law § 16.31 Monthly personal allowances
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§ 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…
N.Y. Mental Hygiene Law § 16.32 Improper expenditure of moneys
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§ 16.32 Improper expenditure of moneys. (a) No provider of services certified pursuant to this article shall make any charitable contribution of any state moneys, medical assistance payments or social security or supplemental security income or any interest or other income earned…
N.Y. Mental Hygiene Law § 16.33 Review of criminal history information concerning certain prospective employees
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§ 16.33 Review of criminal history information concerning certain prospective employees. (a) Every provider of services who contracts with or is approved or otherwise authorized by the office to provide services, except (1) a department facility, (2) a hospital as defined in arti…
N.Y. Mental Hygiene Law § 16.34 Certain information regarding persons working with people with developmental disabilities
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§ 16.34 Certain information regarding persons working with people with developmental disabilities. (a) Upon a request to the justice center for criminal history information for a prospective employee or volunteer pursuant to section eight hundred forty-five-b of the executive law…
N.Y. Mental Hygiene Law § 16.35 Developmental disabilities services quality improvement demonstration program
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§ 16.35 Developmental disabilities services quality improvement demonstration program. (a) For purposes of this section "facility" means any not-for-profit or public agency regulated by the office that provides services funded in whole or in part by the state. (b) Notwithstanding…
N.Y. Mental Hygiene Law § 16.37 Autism spectrum disorder booklet; first responders
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§ 16.37 Autism spectrum disorder booklet; first responders. The commissioner, in consultation with other appropriate agency representatives, shall prepare for publication and cause to be distributed to first responders, including emergency medical services personnel, firefighters…
N.Y. Mental Hygiene Law § 19.01 Declaration of policy
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§ 19.01 Declaration of policy. The legislature declares the following: Alcoholism, substance abuse and chemical dependence pose major health and social problems for individuals and their families when left untreated, including family devastation, homelessness, and unemployment. I…
N.Y. Mental Hygiene Law § 19.03 Definitions
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§ 19.03 Definitions. As used in this title: 1. "Office" means the office of alcoholism and substance abuse services. 2. "Commissioner" means the commissioner of the office of alcoholism and substance abuse services.
N.Y. Mental Hygiene Law § 19.06 Advisory council on underage alcohol consumption and youth substance abuse
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§ 19.06 Advisory council on underage alcohol consumption and youth substance abuse. 1. Definitions. As used in this section: (a) "Council" shall mean the advisory council on underage alcohol consumption and youth substance abuse created by this section. (b) "Chairperson" shall me…
N.Y. Mental Hygiene Law § 19.07 Office of alcoholism and substance abuse services; scope of responsibilities
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§ 19.07 Office of alcoholism and substance abuse services; scope of responsibilities. (a) The office of alcoholism and substance abuse services is charged with the responsibility for assuring the development of comprehensive plans, programs, and services in the areas of research,…
N.Y. Mental Hygiene Law § 19.09 Powers of the office and commissioner; how exercised
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§ 19.09 Powers of the office and commissioner; how exercised. (a) The commissioner shall exercise all powers vested in the office. He or she may delegate any function, power, or duty assigned to him or her or to the office of alcoholism and substance abuse services to a director …
N.Y. Mental Hygiene Law § 19.10 Status of facilities
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§ 19.10 Status of facilities. A rehabilitation center, a medical examination facility, or such other facility or facilities as may be established and operated by the office pursuant to the provisions of section 19.09 of this article shall be mental hygiene facilities in the depar…
N.Y. Mental Hygiene Law § 19.11 Organization and administration of the office of alcoholism and substance abuse services and its facilities
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§ 19.11 Organization and administration of the office of alcoholism and substance abuse services and its facilities. (a) The commissioner shall have the professional jurisdiction, supervision, and control of the office and all department facilities which provide alcoholism servic…
N.Y. Mental Hygiene Law § 19.13 Local services
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§ 19.13 Local services. (a) Local services for persons who abuse or are dependent on alcohol shall be planned, financed, and implemented in accordance with article forty-one of this chapter. (b) Local services for persons who abuse or are dependent on substances shall be planned,…
N.Y. Mental Hygiene Law § 19.14 Civil actions against certain officers and employees of the office
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§ 19.14 Civil actions against certain officers and employees of the office. (a) No civil action shall be brought in any court of the state, except by the attorney general on behalf of the state, against an officer or employee of the office who is charged with the duty of securing…
N.Y. Mental Hygiene Law § 19.15 Programs of the office of alcoholism and substance abuse services
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§ 19.15 Programs of the office of alcoholism and substance abuse services. (a) With the advice of the advisory council on alcoholism and substance abuse services, and with the assistance of any interdepartmental council or committee heretofore or hereafter established that shall …
N.Y. Mental Hygiene Law § 19.16 Methadone Registry
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§ 19.16 Methadone Registry. The office shall establish and maintain, either directly or through contract, a central registry for purposes of preventing multiple enrollment, ensuring accurate dosage delivery and facilitating disaster management in methadone programs. The office sh…
N.Y. Mental Hygiene Law § 19.17 Programs, services, and operation of facilities in the office of alcoholism and substance abuse services
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§ 19.17 Programs, services, and operation of facilities in the office of alcoholism and substance abuse services. (a) The commissioner shall establish policy and procedure for the organization, administration, and operation of facilities under his or her jurisdiction. He or she s…
N.Y. Mental Hygiene Law § 19.18-B Certified peer recovery advocate services program
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§ 19.18-b Certified peer recovery advocate services program. 1. For purposes of this subdivision "certified peer recovery advocate services" means participant-centered services that emphasize knowledge and wisdom through lived experience in which peers are encouraged to share the…
N.Y. Mental Hygiene Law § 19.18-C Corrections-based substance use disorder treatment and transition services
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§ 19.18-c Corrections-based substance use disorder treatment and transition services. 1. Notwithstanding any other provision of this chapter, the commissioner, in consultation with local governmental units, county sheriffs, the New York city department of corrections and other st…
N.Y. Mental Hygiene Law § 19.19 Personnel of the office
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§ 19.19 Personnel of the office. (a) The commissioner shall, 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 alcoholism and substance abuse…