N.Y. MHY Law § 7.09 — New York Code / Act MHY / Title B / Article 7 / Section 7.09
Powers of the office and commissioner; how exercised
Status: in_force

§ 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\noffice or to any other officer or employee of such office, unless\notherwise provided by law. He may enter into agreements with the\nexecutive director of the justice center for the protection of people\nwith special needs or the other commissioners of the department in order\nto ensure that programs and services are provided for all of the\nmentally disabled.\n  (b) The commissioner may adopt regulations necessary and proper to\nimplement any matter under his jurisdiction. Proposed rules and\nregulations shall be submitted at least sixty days prior to action\nthereon to the mental health services council for its advice, in\naccordance with section 7.05 of this chapter, unless the commissioner\nfinds that the public health, safety or general welfare requires that\nsuch submission be dispensed with.\n  (c) The commissioner shall administer the forensic psychiatric program\nof the office. Commitments to the commissioner of mental hygiene\npursuant to the provisions of the criminal procedure law and the\ncorrection law shall be deemed to be commitments to the custody of the\ncommissioner of mental health or the commissioner of developmental\ndisabilities, as appropriate. The commissioner of mental health shall\narrange with the commissioner of developmental disabilities for the\nplacement, where appropriate, of any such committed person in a school.\n  (d) The commissioner and directors of office facilities may request\nand upon such request the coroner, coroner's physician or medical\nexaminer shall provide to such persons access to original autopsy\nslides, tissue materials and specimens derived from any autopsy or\ninquiry with respect to the death of a patient or resident in a mental\nhygiene facility, as defined in subdivision two of section five hundred\nfifty of the executive law. Such original materials shall be preserved\nintact, except for unavoidable changes due to necessary scientific\ntesting, and shall be returned to the coroner, coroner's physician or\nmedical examiner.\n  (e) The commissioner shall accept custody of a juvenile under an order\nissued by the family court pursuant to the provisions of section 322.2\nof the family court act. He or she may place the juvenile in any\nappropriate facility or program under his or her jurisdiction, but he or\nshe shall comply with any order requiring treatment in a residential\nfacility made pursuant to paragraph (c) of subdivision five of section\n322.2 of the family court act, unless, after a hearing held in\naccordance with subdivision seven of section 322.2 of the family court\nact, the court modifies the order. In determining the appropriate\nplacement, the commissioner shall be furnished with a copy of the\nfindings of the court pursuant to subdivision four or five of section\n322.2 of the family court act and shall consider the nature of the act\nalleged in such findings and the level of the juvenile's mental\ndisability. The commissioner shall review the condition of the juvenile\nin accordance with the requirements of section 322.2 of the family court\nact and he or she may petition the family court at any time for any\nrelief authorized by such section.\n  (f) The commissioner may approve special employment programs which are\noperated by facilities within the office of mental health, for purposes\nof producing products and services for procurement by the state or any\ngovernmental agency, political subdivision or public benefit corporation\nthereof, in accordance with the provisions of sections one hundred\nseventy-five-a and one hundred seventy-five-b of the state finance law.\nThe term "special employment program" shall have the same meaning as\nsuch term is defined in section one hundred seventy-five-c of the state\nfinance law.\n  (g) The commissioner shall work cooperatively with the commissioner of\nthe office for people with developmental disabilities and the\ncommissioner of the office of temporary and disability assistance to\nassist the commissioner of education in furnishing integrated employment\nservices to individuals with severe disabilities, including the\ndevelopment of an integrated employment implementation plan, pursuant to\narticle twenty-one of the education law.\n  (h) The commissioner shall promulgate rules and regulations to address\nthe communications needs of non-English speaking individuals seeking or\nreceiving services in facilities operated or licensed by the office in\norder to facilitate their access to services. Such rules and regulations\nshall include, but not be limited to, reasonable means to accommodate\nthe language capabilities and preferences of non-English speaking\nindividuals in such facilities where a significant number of non-English\nspeaking individuals seek or receive services.\n  (i) The commissioner of mental health shall be authorized to have\naccess to criminal history information contained in the central data\nfacility established by the division of criminal justice services, upon\nsuch terms and conditions as the commissioner of mental health and the\ncommissioner of the division of criminal justice services shall agree.\nThe report containing such criminal history information may be\nsummarized for inclusion in the patient's clinical record, however, such\nreport shall be destroyed within fourteen days of its receipt. Such\ninformation shall be used for purposes of making decisions regarding\ncare and treatment, health and safety, privileges and discharge planning\nfor patients admitted to or retained in hospitals operated by the office\nof mental health. The commissioner of mental health shall promulgate\nstandards regarding the use of such information, which may include, but\nnot be limited to, consideration of the type of offense and the date of\nconviction, and its relevance to care and treatment, health and safety,\nprivileges and discharge planning. Patients shall be given written\nnotice that their criminal history information will be obtained by the\nhospital, that the opportunity exists to request the correction of any\ninaccurate criminal history information in accordance with the\nregulations of the division of criminal justice services, and that the\nopportunity exists to challenge the accuracy of such information\nmaintained in the patients' clinical record to the extent authorized by\nsection 33.16 of this chapter. Such information shall be kept\nconfidential to the extent required under applicable federal and state\nlaw, including section 33.13 of this chapter.\n  (j) (1) The commissioner, in cooperation with other applicable state\nagencies, shall collect, retain or modify data or records, and shall\ntransmit such data or records: (i) to the division of criminal justice\nservices, or to the criminal justice information services division of\nthe federal bureau of investigation, for the purposes of responding to\nqueries to the national instant criminal background check system\nregarding attempts to purchase or otherwise take possession of firearms,\nas defined in 18 USC 921(a)(3), in accordance with applicable federal\nlaws or regulations, or (ii) to the division of criminal justice\nservices, which may re-disclose such data and records only for\ndetermining whether a license issued pursuant to section 400.00 of the\npenal law should be denied, suspended or revoked, under subdivision\neleven of such section, or for determining whether a person is no longer\npermitted under federal or state law to possess a firearm. Such records,\nwhich may not be used for any other purpose, shall include only names\nand other non-clinical identifying information of persons who have been\ninvoluntarily committed to a hospital pursuant to article nine of this\nchapter, or section four hundred two or subdivision two of section five\nhundred eight of the correction law, or article seven hundred thirty or\nsection 330.20 of the criminal procedure law or sections 322.2 or 353.4\nof the family court act, or to a secure treatment facility pursuant to\narticle ten of this chapter.\n  (2) The commissioner shall establish within the office of mental\nhealth an administrative process to permit a person who has been or may\nbe disqualified from possessing such a firearm pursuant to 18 USC\n922(4)(d) or who has been or may be disqualified from continuing to have\na license to carry, possess, repair, or dispose of a firearm under\nsection 400.00 of the penal law because such person was involuntarily\ncommitted or civilly confined to a facility under the jurisdiction of\nthe commissioner, to petition for relief from that disability where such\nperson's record and reputation are such that such person will not be\nlikely to act in a manner dangerous to public safety and where the\ngranting of the relief would not be contrary to public safety. The\ncommissioner shall promulgate regulations to establish the relief from\ndisabilities program, which shall include, but not be limited to,\nprovisions providing for: (i) an opportunity for a disqualified person\nto petition for relief in writing; (ii) the authority for the agency to\nrequire that the petitioner undergo a clinical evaluation and risk\nassessment; and (iii) a requirement that the agency issue a decision in\nwriting explaining the reasons for a denial or grant of relief. The\ndenial of a petition for relief from disabilities may be reviewed de\nnovo pursuant to the proceedings under article seventy-eight of the\ncivil practice law and rules.\n  * (k) Notwithstanding any other law, rule or regulation, on request by\na representative of a cemetery organization or funeral establishment,\nthe commissioner and directors of office facilities shall release to the\nrepresentative the name, date of birth, or date of death of a person who\nwas a patient at the facility when the person died, unless the person or\nthe person's guardian provided written instructions to the facility not\nto release such person's name or dates of birth and death. A\nrepresentative of a cemetery organization or a funeral establishment may\nuse a name or date released under this subdivision only for the purpose\nof inscribing the name or date on a grave marker.\n  * NB There are 2 sb (k)'a\n  * (k) The commissioner shall develop clear and detailed definitions of\nat least four categories of types of injuries that a staff member or\nperson confined may experience as the result of an assault by or an\naltercation between a person confined and any staff member or other\nperson confined in state forensic psychiatric centers as such term is\ndefined in section 7.17 of this article. On at least a quarterly basis\nbeginning in January of each year, the commissioner shall report to the\nlegislature on the number of types of injuries within the detailed\ncategories required by this subdivision.\n  * NB There are 2 sb (k)'a\n  (l) Notwithstanding any general or special law to the contrary, the\ncommissioner, in conjunction with the commissioner of the office of\naddiction services and supports and the director of the department of\nveterans' services shall develop a public education initiative designed\nto eliminate stigma and misinformation about mental illness and\nsubstance use among service members, veterans, and their families,\nimprove their understanding of mental and substance use disorders and\nthe existence of effective treatment, and provide information regarding\navailable resources and how to access them. These public education\ninitiatives may include the use of the internet, including the use of\nsocial networking sites.\n  (m) The commissioner shall publish on the website of the office\ninformation regarding the mental illness anti-stigma distinctive license\nplate established under section four hundred four-dd of the vehicle and\ntraffic law. Such information shall include, but not be limited to, a\nlink to the department of motor vehicle website where an individual may\norder such license plate.\n