N.Y. MHY Law § 13.09 — New York Code / Act MHY / Title C / Article 13 / Section 13.09
Powers of the office and commissioner; how exercised
Status: in_force

§ 13.09 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 to any officer or employee of the office, unless\notherwise provided by law. He or she may enter into agreements with\nother commissioners of the department in order to ensure that programs\nand services are provided for all of the mentally disabled.\n  (b) The commissioner shall adopt rules and regulations necessary and\nproper to implement any matter under his jurisdiction. In promulgating\nrules and regulations, the commissioner shall comply with the\nrequirements of subdivision (e) of section 13.05 of this article.\n  (c) 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  (c-1) The commissioner shall accept custody of a juvenile under an\norder issued by the family court pursuant to the provisions of section\n322.2 of 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  (d) The commissioner shall work cooperatively with the commissioner of\nthe office of mental health and the commissioner of the office of\ntemporary and disability assistance to assist the commissioner of\neducation in furnishing integrated employment services to individuals\nwith severe disabilities, including the development of an integrated\nemployment implementation plan, pursuant to article twenty-one of the\neducation law.\n  (e) 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  (f) Notwithstanding any other law, rule or regulation, on request by a\nrepresentative of a cemetery organization or funeral establishment, the\ncommissioner 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  (g) (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 to: (i) 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, for the purposes of determining whether a license issued\npursuant to section 400.00 of the penal law should be denied, suspended\nor revoked, under subdivision eleven of such section, or for determining\nwhether a person is no longer permitted under federal or state law to\npossess a firearm. Such records shall include only names and other\nnon-clinical identifying information of persons who have had a guardian\nappointed for them pursuant to any provision of state law, based on a\ndetermination that as a result of marked subnormal intelligence, mental\nillness, incapacity, condition or disease, they lack the mental capacity\nto contract or manage their own affairs, and persons who have been\ninvoluntarily committed to a facility pursuant to article fifteen of\nthis chapter, or article seven hundred thirty or section 330.20 of the\ncriminal procedure law or sections 322.2 or 353.4 of the family court\nact.\n  (2) The commissioner shall establish within the office for people with\ndevelopmental disabilities an administrative process to permit a person\nwho has been or may be disqualified from possessing such a firearm\npursuant to 18 USC 922(4)(d), or who has been or may be disqualified\nfrom continuing to have a license to carry, possess, repair, or dispose\nof a firearm under section 400.00 of the penal law because such person\nwas involuntarily committed or civilly confined to a facility under the\njurisdiction of the commissioner, to petition for relief from that\ndisability where such person's record and reputation are such that such\nperson will not be likely to act in a manner dangerous to public safety\nand where the granting of the relief would not be contrary to public\nsafety. The commissioner shall promulgate regulations to establish the\nrelief from disabilities program, which shall include, but not be\nlimited to, provisions providing for: (i) an opportunity for a\ndisqualified person to petition for relief in writing; (ii) the\nauthority for the agency to require that the petitioner undergo a\nclinical evaluation and risk assessment; and (iii) a requirement that\nthe agency issue a decision in writing explaining the reasons for a\ndenial or grant of relief. The denial of a petition for relief from\ndisabilities may be reviewed de novo pursuant to the proceedings under\narticle seventy-eight of the civil practice law and rules.\n  (h) The commissioner shall be authorized to have access to criminal\nhistory information, as defined in paragraph (c) of subdivision one of\nsection eight hundred forty-five-b of the executive law, contained in\nthe central data facility established by the division of criminal\njustice services, upon such terms and conditions as the commissioner and\nthe commissioner of the division of criminal justice services shall\nagree. The report containing such criminal history information may be\nsummarized for inclusion in the individual's clinical record, however,\nsuch report 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 individuals admitted to or retained in a school, as defined in\nsection 15.03 of this title, operated by the office. The commissioner\nshall promulgate standards regarding the use of such information, which\nmay include, but not be limited to, consideration of the type of offense\nand the date of conviction, and its relevance, if any, to care and\ntreatment, health and safety and discharge planning. Individuals shall\nbe given written notice that their criminal history information will be\nobtained by the school, that the opportunity exists to request such\ncriminal history information and seek the correction of any inaccurate\ncriminal history information in accordance with the regulations of the\ndivision of criminal justice services, and that the opportunity exists\nto challenge the accuracy of such information maintained in the\nindividual's clinical record to the extent authorized by section 33.16\nof this chapter. Such information shall be kept confidential to the\nextent required under applicable federal and state law, including\nsection 33.13 of this chapter.\n  (i) The commissioner, in consultation with the commissioner of mental\nhealth, shall develop and implement a public awareness campaign that\ncombats the discrimination, stigma and stereotyping of individuals with\ndevelopmental disabilities across the state. Such campaign shall utilize\npublic forums, social media and mass media, including but not limited to\ninternet, radio, and print advertising and shall include educational\nmaterials and information on the office's website. The campaign shall be\ntailored to educate the general public about developmental disabilities\nand shall also highlight the accomplishments and contributions of\nindividuals with developmental disabilities to the state and their\nrespective communities. The office shall consult with stakeholders and\nconsumer advocates to ensure such campaign is culturally competent and\nlinguistically appropriate. Such campaign shall end on December\nthirty-first, two thousand twenty-three.\n