NY Ment Hygiene L § 7.21 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 7 - Office of Mental Health 7.21 - Directors of Facilities.

§ 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 section forty-two of the civil service law and shall  be  appointed  by  and  serve  at  the  pleasure  of  the commissioner.  He or she shall manage the facility subject to applicable law and the regulations of the commissioner of mental health. Before the commissioner shall  issue  any  such  regulation  or  any  amendment  or revision  thereof,  he  or she shall consult with the facility directors regarding  its  suitability.  The  director  shall  maintain   effective supervision  of  all parts of the facility and over all persons employed therein or coming thereon  and  shall  generally  direct  the  care  and treatment  of  patients. Directors presently serving at office of mental health facilities shall continue to  serve  under  the  terms  of  their original appointment.  (b)  Such  director shall have the responsibility of seeing that there is humane treatment of the patients at his or  her  facility  and  shall investigate,  or  cause to be investigated, every reportable incident in accordance with article eleven of  the  social  services  law.  Also  in accordance  with article eleven of the social services law, the director shall require allegations of reportable incidents to be reported to  the vulnerable persons' central register, which shall screen and immediately forward  reports  that  appear  to  allege crimes to the appropriate law enforcement agency.  The  vulnerable  persons'  central  register  shall notify  immediately,  and  in  any  event within three working days, the board of visitors of the facility and the mental hygiene  legal  service located  in  the  same  judicial  department as the hospital, school, or institution of every complaint of patient abuse  or  neglect  and  shall inform  the board and the mental hygiene legal service of the results of his investigation.  (c) In any investigation into the treatment and care  of  patients  or the  conduct,  performance, or neglect of duty of officers or employees, the director of a department hospital shall be  authorized  to  subpoena witnesses,  compel  their  attendance,  administer  oaths  to witnesses, examine witnesses under oath, and require the production of any books or papers deemed relevant to  the  inquiry  or  investigation.  A  subpoena issued  under  this section shall be regulated by the civil practice law and rules.  (d) Each facility director of the office shall, upon notice  from  the commissioner  or  upon  knowledge  that programs of such facility may be contracted  or  terminated,  implement  procedures  to   ensure   timely notification  to  affected employees. Such procedures shall include, but not be limited to:  (1)  dissemination  and  posting  of  all  decisions,   policies   and procedures  with respect to all aspects of such actions and their impact on facility staff; and  (2) compliance with all requirements and protection of employee rights pursuant to collective bargaining agreements with the  designated  legal representative of the employees and the civil service law.  (e)  Every  facility  director  or  designee thereof is authorized and empowered to grant leaves of absence to employees of such  facility  not involved  in  direct  patient  care  who  are  volunteer firefighters as defined  in  subdivision  one  of  section  three   of   the   volunteer firefighters'  benefit  law,  responding  to  an  emergency  within  the community for such periods as the volunteer firefighters are engaged  in the actual performance of their duties as volunteer firefighters.