NY Ment Hygiene L § 7.09 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 7 - Office of Mental Health 7.09 - Powers of the Office and Commissioner; How Exercised.

§ 7.09 Powers of the office and commissioner; how exercised.  (a)  The  commissioner shall exercise all powers vested in the office. He may delegate any function, power, or duty assigned to him or  to  the office  of  mental  health  to a director of a facility operated by such office or to any other  officer  or  employee  of  such  office,  unless otherwise  provided  by  law.  He  may  enter  into  agreements with the executive director of the justice center for the  protection  of  people with special needs or the other commissioners of the department in order to  ensure  that  programs  and  services  are  provided  for all of the mentally disabled.  (b) The commissioner may adopt regulations  necessary  and  proper  to implement   any  matter  under  his  jurisdiction.  Proposed  rules  and regulations shall be submitted at  least  sixty  days  prior  to  action thereon  to  the  mental  health  services  council  for  its advice, in accordance with section 7.05 of this chapter,  unless  the  commissioner finds  that  the  public health, safety or general welfare requires that such submission be dispensed with.  (c) The commissioner shall administer the forensic psychiatric program of the  office.  Commitments  to  the  commissioner  of  mental  hygiene pursuant  to  the  provisions  of  the  criminal  procedure  law and the correction law shall be deemed to be commitments to the custody  of  the commissioner  of  mental  health  or  the  commissioner of developmental disabilities, as appropriate. The commissioner of  mental  health  shall arrange  with  the  commissioner  of  developmental disabilities for the placement, where appropriate, of any such committed person in a school.  (d) The commissioner and directors of office  facilities  may  request and  upon  such  request  the  coroner,  coroner's  physician or medical examiner shall provide  to  such  persons  access  to  original  autopsy slides,  tissue  materials  and  specimens  derived  from any autopsy or inquiry with respect to the death of a patient or resident in  a  mental hygiene  facility, as defined in subdivision two of section five hundred fifty of the executive law. Such original materials shall  be  preserved intact,  except  for  unavoidable  changes  due  to necessary scientific testing, and shall be returned to the coroner,  coroner's  physician  or medical examiner.  (e) The commissioner shall accept custody of a juvenile under an order issued  by  the family court pursuant to the provisions of section 322.2 of the family court act. He  or  she  may  place  the  juvenile  in  any appropriate facility or program under his or her jurisdiction, but he or she  shall  comply  with  any order requiring treatment in a residential facility made pursuant to paragraph (c) of subdivision five  of  section 322.2  of  the  family  court  act,  unless,  after  a  hearing  held in accordance with subdivision seven of section 322.2 of the  family  court act,  the  court  modifies  the  order.  In  determining the appropriate placement, the commissioner shall  be  furnished  with  a  copy  of  the findings  of  the  court pursuant to subdivision four or five of section 322.2 of the family court act and shall consider the nature of  the  act alleged  in  such  findings  and  the  level  of  the  juvenile's mental disability. The commissioner shall review the condition of the  juvenile in accordance with the requirements of section 322.2 of the family court act  and  he  or  she  may petition the family court at any time for any relief authorized by such section.  (f) The commissioner may approve special employment programs which are operated by facilities within the office of mental health, for  purposes of  producing  products and services for procurement by the state or any governmental agency, political subdivision or public benefit corporation thereof, in accordance with  the  provisions  of  sections  one  hundred seventy-five-a  and one hundred seventy-five-b of the state finance law.  The term "special employment program" shall have  the  same  meaning  as such  term is defined in section one hundred seventy-five-c of the state finance law.  (g) The commissioner shall work cooperatively with the commissioner of the   office   for   people  with  developmental  disabilities  and  the commissioner of the office of temporary  and  disability  assistance  to assist the commissioner of education in furnishing integrated employment services   to   individuals  with  severe  disabilities,  including  the development of an integrated employment implementation plan, pursuant to article twenty-one of the education law.  (h) The commissioner shall promulgate rules and regulations to address the communications needs of non-English speaking individuals seeking  or receiving  services  in facilities operated or licensed by the office in order to facilitate their access to services. Such rules and regulations shall include, but not be limited to, reasonable  means  to  accommodate the  language  capabilities  and  preferences  of  non-English  speaking individuals in such facilities where a significant number of non-English speaking individuals seek or receive services.  (i) The commissioner of mental health  shall  be  authorized  to  have access  to  criminal  history  information contained in the central data facility established by the division of criminal justice services,  upon such  terms  and conditions as the commissioner of mental health and the commissioner of the division of criminal justice services  shall  agree. The   report   containing  such  criminal  history  information  may  be summarized for inclusion in the patient's clinical record, however, such report shall be destroyed within fourteen  days  of  its  receipt.  Such information  shall  be  used  for purposes of making decisions regarding care and treatment, health and safety, privileges and discharge planning for patients admitted to or retained in hospitals operated by the office of mental health. The commissioner of  mental  health  shall  promulgate standards  regarding the use of such information, which may include, but not be limited to, consideration of the type of offense and the date  of conviction,  and its relevance to care and treatment, health and safety, privileges and discharge  planning.  Patients  shall  be  given  written notice  that  their criminal history information will be obtained by the hospital, that the opportunity exists to request the correction  of  any inaccurate   criminal   history   information  in  accordance  with  the regulations of the division of criminal justice services, and  that  the opportunity  exists  to  challenge  the  accuracy  of  such  information maintained in the patients' clinical record to the extent authorized  by section   33.16   of  this  chapter.  Such  information  shall  be  kept confidential to the extent required under applicable federal  and  state law, including section 33.13 of this chapter.  (j)  (1)  The commissioner, in cooperation with other applicable state agencies, shall collect, retain or modify data  or  records,  and  shall transmit  such  data or records: (i) to the division of criminal justice services, or to the criminal justice information  services  division  of the  federal  bureau of investigation, for the purposes of responding to queries  to  the  national  instant  criminal  background  check  system regarding attempts to purchase or otherwise take possession of firearms, as  defined  in  18 USC 921(a)(3), in accordance with applicable federal laws or regulations,  or  (ii)  to  the  division  of  criminal  justice services,   which  may  re-disclose  such  data  and  records  only  for determining whether a license issued pursuant to section 400.00  of  the penal  law  should  be  denied,  suspended or revoked, under subdivision eleven of such section, or for determining whether a person is no longer permitted under federal or state law to possess a firearm. Such records, which may not be used for any other purpose, shall  include  only  names  and  other non-clinical identifying information of persons who have been involuntarily committed to a hospital pursuant to article nine  of  this chapter,  or section four hundred two or subdivision two of section five hundred  eight of the correction law, or article seven hundred thirty or section 330.20 of the criminal procedure law or sections 322.2 or  353.4 of  the  family court act, or to a secure treatment facility pursuant to article ten of this chapter.  (2) The commissioner shall  establish  within  the  office  of  mental health  an administrative process to permit a person who has been or may be disqualified from possessing  such  a  firearm  pursuant  to  18  USC 922(4)(d) or who has been or may be disqualified from continuing to have a  license  to  carry,  possess,  repair,  or dispose of a firearm under section 400.00 of the penal law because such  person  was  involuntarily committed  or  civilly  confined to a facility under the jurisdiction of the commissioner, to petition for relief from that disability where such person's record and reputation are such that such  person  will  not  be likely  to  act  in  a  manner  dangerous to public safety and where the granting of the relief would not  be  contrary  to  public  safety.  The commissioner  shall  promulgate regulations to establish the relief from disabilities program, which  shall  include,  but  not  be  limited  to, provisions  providing  for: (i) an opportunity for a disqualified person to petition for relief in writing; (ii) the authority for the agency  to require  that  the  petitioner  undergo  a  clinical evaluation and risk assessment; and (iii) a requirement that the agency issue a decision  in writing  explaining  the  reasons  for  a denial or grant of relief. The denial of a petition for relief from disabilities  may  be  reviewed  de novo  pursuant  to  the  proceedings  under article seventy-eight of the civil practice law and rules.   * (k) Notwithstanding any other law, rule or regulation, on request by a representative of a cemetery organization  or  funeral  establishment, the commissioner and directors of office facilities shall release to the representative the name, date of birth, or date of death of a person who was a patient at the facility when the person died, unless the person or the  person's guardian provided written instructions to the facility not to  release  such  person's  name  or  dates  of  birth  and  death.   A representative of a cemetery organization or a funeral establishment may use  a name or date released under this subdivision only for the purpose of inscribing the name or date on a grave marker.   * NB There are 2 sb (k)'a   * (k) The commissioner shall develop clear and detailed definitions of at least four categories of types of injuries that  a  staff  member  or person  confined  may  experience  as  the result of an assault by or an altercation between a person confined and  any  staff  member  or  other person  confined  in  state forensic psychiatric centers as such term is defined in section 7.17 of this article. On at least a  quarterly  basis beginning  in January of each year, the commissioner shall report to the legislature on the number of  types  of  injuries  within  the  detailed categories required by this subdivision.   * NB There are 2 sb (k)'a   * (l)  Notwithstanding any general or special law to the contrary, the commissioner, in conjunction with the  commissioner  of  alcoholism  and substance  abuse  services and the director of the division of veterans' services  shall  develop  a  public  education  initiative  designed  to eliminate  stigma  and misinformation about mental illness and substance use among service members, veterans, and their families,  improve  their understanding of mental and substance use disorders and the existence of effective   treatment,   and  provide  information  regarding  available resources and how to access them. These public education initiatives may  include the use of the internet, including the use of social  networking sites.   * NB Repealed June 30, 2022