NY Ment Hygiene L § 13.09 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 13 - Office for People With Developmental Disabilities 13.09 - Powers of the Office and Commissioner; How Exercised.

§ 13.09 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 to any officer or employee of the office, unless otherwise provided by law. He or she  may  enter  into  agreements  with other  commissioners  of the department in order to ensure that programs and services are provided for all of the mentally disabled.  (b) The commissioner shall adopt rules and regulations  necessary  and proper  to  implement any matter under his jurisdiction. In promulgating rules  and  regulations,  the  commissioner  shall   comply   with   the requirements of subdivision (e) of section 13.05 of this article.  (c)  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.  (c-1) 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.  (d) The commissioner shall work cooperatively with the commissioner of the office of mental health  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.  (e) 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.  (f) 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.  (g) (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 to: (i) 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, for the purposes  of  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  shall  include only names and other non-clinical identifying information of persons who have had a  guardian appointed  for  them  pursuant to any provision of state law, based on a determination that as a result of marked subnormal intelligence,  mental illness, incapacity, condition or disease, they lack the mental capacity to  contract  or  manage  their  own  affairs, and persons who have been involuntarily committed to a facility pursuant  to  article  fifteen  of this  chapter,  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.  (2) The commissioner shall establish within the office for people with developmental  disabilities 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.  (h) The commissioner shall be authorized to have  access  to  criminal history  information,  as defined in paragraph (c) of subdivision one of section eight hundred forty-five-b of the executive  law,  contained  in the  central  data  facility  established  by  the  division of criminal justice services, upon such terms and conditions as the commissioner 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 individual'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 individuals admitted to or retained  in  a  school,  as  defined  in section  15.03  of  this title, operated by the office. The commissioner 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, if any, to care and treatment, health and safety and discharge planning.  Individuals  shall be  given written notice that their criminal history information will be obtained by the school, that the  opportunity  exists  to  request  such criminal  history  information and seek 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 individual's  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.