NY Ment Hygiene L § 1.03 (2021)
2021 New York Laws MHY - Mental Hygiene Title A - Organization of Department of Mental Hygiene Article 1 - Short Title and Definitions 1.03 - Definitions.

§ 1.03 Definitions.   When used in this chapter, unless otherwise expressly stated or unless the context otherwise requires:   1. "Department" means the department of mental hygiene of the state of New  York.  Except  as  used  in  article five of this chapter, the term "department" shall hereafter  refer  to  an  office  of  the  department created by section 5.01 of this chapter.   2.  "Commissioner"  means  the  commissioner  of  mental  health,  the commissioner of  developmental  disabilities  and  the  commissioner  of addiction  services  and  supports as used in this chapter. Any power or duty heretofore assigned to the commissioner of mental hygiene or to the department of mental hygiene pursuant to this chapter shall hereafter be assigned to the commissioner of mental health in the case of facilities, programs, or services  for  individuals  with  mental  illness,  to  the commissioner  of  developmental  disabilities in the case of facilities, programs, or services for individuals with  developmental  disabilities, to  the  commissioner  of addiction services and supports in the case of facilities, programs, or addiction disorder services in accordance  with the provisions of titles D and E of this chapter.   2-a.  Notwithstanding  any  other section of law or regulation, on and after the effective date of this subdivision, any and all references  to the   office   of  alcoholism  and  substance  abuse  services  and  the predecessor agencies to the office of  alcoholism  and  substance  abuse services  including the division of alcoholism and alcohol abuse and the division of substance abuse services, shall be known as the  "office  of addiction  services  and supports." Nothing in this subdivision shall be construed as requiring or prohibiting the further amendment of  statutes or regulations to conform to the provisions of this subdivision.   3.  "Mental disability" means mental illness, intellectual disability, developmental disability, or an addictive disorder as  defined  in  this section.   4.  "Services for persons with a mental disability" means examination, diagnosis, care, treatment, rehabilitation,  supports,  habilitation  or training or as may be more specifically defined in this section.   5.   "Provider   of   services"   means  an  individual,  association, corporation,  partnership,  limited  liability  company,  or  public  or private  agency,  other than an agency or department of the state, which provides services for persons with a mental  disability.  It  shall  not include any part of a hospital as defined in article twenty-eight of the public  health  law  which  is  not  being  operated  for the purpose of providing services for the mentally disabled. No  provider  of  services shall  be  subject to the regulation or control of the department or one of its offices except as such regulation or control is provided  for  by other provisions of this chapter.   6.  "Facility"  means  any  place  in  which services for the mentally disabled are provided and includes but is not limited to  a  psychiatric center,  developmental  center, institute, clinic, ward, institution, or building, except that in the case of a hospital as  defined  in  article twenty-eight  of  the public health law it shall mean only a ward, wing, unit, or part thereof which is operated for  the  purpose  of  providing services  for  the mentally disabled. It shall not include a place where the services rendered consist solely of non-residential services for the mentally disabled which are exempt from the requirement for an operating certificate under article sixteen,  thirty-one  or  thirty-two  of  this chapter,  nor  shall it include domestic care and comfort to a person in the home.   7. "Department facility" means a facility within one of the offices of the department.    8. "Examining  physician"  means  a  physician  licensed  to  practice medicine in the state of New York.   9.  "Certified psychologist" means a person who has been certified and registered to practice psychology in the state of New York  pursuant  to the education law.   * 10. "Hospital" means the in-patient services of a psychiatric center under  the  jurisdiction  of  the  office  of  mental  health  or  other psychiatric  in-patient  facility  in  the  department,  a   psychiatric in-patient  facility  maintained by a political subdivision of the state for the care or treatment of the mentally ill, a ward,  wing,  unit,  or other  part  of  a  hospital,  as defined in article twenty-eight of the public health law, operated as a part of such hospital for  the  purpose of  providing  services  for  the  mentally ill pursuant to an operating certificate issued by the commissioner of mental health, a comprehensive psychiatric  emergency  program  which  has  been  issued  an  operating certificate by such commissioner, or other facility providing in-patient care or treatment of the mentally ill which has been issued an operating certificate by such commissioner.   * NB Effective until July 1, 2024   * 10. "Hospital" means the in-patient services of a psychiatric center under  the  jurisdiction  of  the  office  of  mental  health  or  other psychiatric  in-patient  facility  in  the  department,  a   psychiatric in-patient  facility  maintained by a political subdivision of the state for the care or treatment of the mentally ill, a ward,  wing,  unit,  or other  part  of  a  hospital,  as defined in article twenty-eight of the public health law, operated as a part of such hospital for  the  purpose of  providing  services  for  the  mentally ill pursuant to an operating certificate issued by  the  commissioner  of  mental  health,  or  other facility  providing  in-patient  care  or  treatment of the mentally ill which has been issued an operating certificate by such commissioner.   * NB Effective July 1, 2024   11. "School" means the in-patient service of a developmental center or other  residential   facility   for   individuals   with   developmental disabilities  under  the  jurisdiction  of  the  office  for people with developmental disabilities or  a  facility  for  the  residential  care, treatment,  training,  or  education  of  individuals with developmental disabilities which has been  issued  an  operating  certificate  by  the commissioner of developmental disabilities.   12.  "Addictive disorder" or "addiction disorder" for purposes of this chapter means substance use disorder or gambling disorder as such  terms are  defined in this section and derived from the most recent edition of the  diagnostic  and  statistical  manual  of  mental  disorders  (DSM), published by the American Psychiatric Association.   17.  "Addiction  treatment facility" or "Alcoholism facility" means an in-patient,  residential  or  outpatient  facility  in  the   department suitable  for  the  provision  of addiction disorder services to persons suffering from an addictive  disorder  and  which  has  been  issued  an operating certificate pursuant to article thirty-two of this chapter.   19.  "Significant  other" means a relative, close friend, associate or individual otherwise concerned with the welfare of  a  person  suffering from  an addictive disorder when that individual is directly affected by the person's addictive disorder.   20. "Mental illness" means an affliction  with  a  mental  disease  or mental  condition  which  is  manifested by a disorder or disturbance in behavior, feeling, thinking, or judgment to  such  an  extent  that  the person afflicted requires care, treatment and rehabilitation.   22. "Developmental disability" means a disability of a person which:  (a)  (1)  is  attributable to intellectual disability, cerebral palsy, epilepsy, neurological impairment, familial  dysautonomia,  Prader-Willi syndrome or autism;  (2)  is  attributable  to  any other condition of a person found to be closely  related  to  intellectual  disability  because  such  condition results  in  similar  impairment  of general intellectual functioning or adaptive behavior to that of intellectually disabled persons or requires treatment and services similar to those required for such person; or  (3) is attributable to dyslexia resulting from a disability  described in subparagraph one or two of this paragraph;  (b) originates before such person attains age twenty-two;  (c) has continued or can be expected to continue indefinitely; and  (d)  constitutes  a  substantial  handicap to such person's ability to function normally in society.   23. "Patient" means a  person  receiving  services  for  the  mentally disabled at a facility. It includes a resident at a school.   24.  "Informal caregiver" means the family member, friends, neighbors, or other  natural  person  who  normally  provides  the  daily  care  or supervision  of a mentally disabled person. Such informal caregiver may, but need not reside in the  same  household  as  the  mentally  disabled person.   26. "Infant" or "minor" means a person who has not attained the age of eighteen years.   27.   "Aftercare  services"  means  services  for  persons  no  longer receiving in-patient services for the mentally disabled and may include, but shall not be limited to, medical care, including  psychiatric  care, and vocational and social rehabilitation.   28. "Community residence" means any facility operated by or subject to licensure  by  the office of mental health or the office for people with developmental disabilities which  provides  a  supervised  residence  or residential  respite  services  for individuals with mental disabilities and a homelike environment and room, board and  responsible  supervision for  the  habilitation  or  rehabilitation  of  individuals  with mental disabilities as part of an overall service delivery system. A  community residence  shall  include an intermediate care facility with fourteen or fewer residents that has been approved pursuant to law, and a  community residential  facility  as  that  term  is  used in section 41.36 of this chapter. Such term does not include family care homes.   28-a.  "Supervised  living  facility"  means  a  community   residence providing  responsible  supervisory  staff on-site twenty-four hours per day for the purpose of enabling residents to live  as  independently  as possible.   28-b.   "Supportive  living  facility"  means  a  community  residence providing practice in  independent  living  under  supervision  but  not providing staff on-site on a twenty-four hour per day basis.   30.  "Conditional  release"  means release subject to the right of the school, hospital, or  alcoholism  facility  to  return  the  patient  to in-patient care pursuant to the conditions set forth in section 29.15 of this chapter.   31.  "Discharge"  means  release  and  the termination of any right to retain or treat the patient on an in-patient  basis.  The  discharge  of such  a  patient shall not preclude the patient from receiving necessary services on other  than  an  in-patient  basis  nor  shall  it  preclude subsequent  readmission  as  an  in-patient  if  made in accordance with article nine, fifteen, or twenty-two of this chapter.   32. "Conference" means the New York state conference of  local  mental hygiene  directors  as  established  pursuant  to  section 41.10 of this chapter.    33. "Residential treatment facility for children and youth" shall mean an inpatient psychiatric facility which provides active treatment  under the  direction  of  a physician for individuals who are under twenty-one years of  age,  provided  that  a  person  who,  during  the  course  of treatment,  attains  the  age  of  twenty-one  may  continue  to receive services in a residential treatment  facility  for  children  and  youth until  he  or  she  reaches the age of twenty-two. The term "residential treatment facility for  children  and  youth"  does  not  apply  to  the children's psychiatric centers described in section 7.17 of this chapter or to facilities specifically licensed by the office of mental health as children's  hospitals. Residential treatment facilities for children and youth are  a  sub-class  of  the  class  of  facilities  defined  to  be "hospitals" in subdivision ten of this section.   34.  "Authorized  agency"  shall  have  the meaning defined in section three hundred seventy-one of the social services law.   35. "Social services official"  shall  have  the  meaning  defined  in section two of the social services law.   36.  "Residential  care  center  for  adults"  means  a facility which provides long term residential care and support services to mentally ill adults, provides case management and medication management services, and assists residents in securing clinical, vocational and  social  services necessary  to  enable the resident to continue to live in the community. No residential care center for adults established after September first, nineteen hundred eighty-six shall  have  more  than  one  hundred  fifty residents.  A  residential  care  center for adults is not an adult care facility subject to licensure by the department of social services,  nor is it an inpatient treatment facility.   * 37.  "Comprehensive  psychiatric  emergency program" means a program which is licensed by the office of mental health to provide a full range of psychiatric emergency services within a defined  geographic  area  to persons  who  are  believed  to  be  mentally  ill  and  in need of such services, and which shall include crisis intervention  services,  crisis outreach services, crisis residence services, extended observation beds, and  triage  and referral services, as such terms are defined in section 31.27 of this chapter.   * NB Repealed July 1, 2024   38.  "Residential  services   facility"   or   "Alcoholism   community residence"  means  any facility licensed or operated pursuant to article thirty-two of this chapter which provides residential services  for  the treatment of an addiction disorder and a homelike environment, including room,  board  and  responsible supervision as part of an overall service delivery system.   * 39. "Substance" shall mean:  (i) any controlled substance listed in  section  thirty-three  hundred six of the public health law;  (ii)  any  substance  listed in section thirty-three hundred eighty of the public health law;  (iii) any substance, except alcohol and  tobacco,  as  listed  in  the published   rules  of  the  office  which  has  been  certified  to  the commissioner by the commissioner of health as having the  capability  of causing  physical  and/or psychological dependence. Notice of a proposed rule listing any such substance shall be given to  the  speaker  of  the assembly  and  the  temporary  president of the senate. The commissioner shall consider the advice and recommendations  of  the  legislature  and shall  hold  a  public  hearing  prior  to  listing any substance in its published rules.   * NB There are 2 sub 39's    * 39. "Employee  assistance  program"  means  a  confidential  program designed to assist employees and their families, through identification, motivation  referral,  and  follow-up,  with problems that may interfere with  the  employees'  ability  to  perform  on  the  job   effectively, efficiently  and  safely.  Such  problems  include  addictive disorders, emotional, marital, family, and other personal problems.   * NB There are 2 sub 39's   42. "Substance use disorder  program"  or  "Substance  abuse  program" shall  mean  any  public  or  private  person, corporation, partnership, agency, either profit or non-profit, or state  or  municipal  government which  provides substance use disorder services, in either a residential or ambulatory setting, to persons in need of services for the prevention of, or treatment and recovery from a substance use disorder. Any  person or entity providing such services as a minor part of a general health or counseling  unit  subject to regulations promulgated by the commissioner and other appropriate agencies shall not be considered a  substance  use disorder program.   46.  "Record"  of  a  patient  or  client  shall consist of admission, transfer or retention papers and orders, and accompanying data  required by this article and the regulations of the commissioner.   47.  "Director  of  community  services"  shall  mean  the director of community services for the mentally disabled appointed pursuant to  this chapter.   48.  "Practitioner"  shall  mean  a  physician,  dentist,  podiatrist, veterinarian, scientific investigator,  or  other  person  licensed,  or otherwise  permitted  to  dispense,  administer or conduct research with respect  to  a  controlled  substance  in  the  course  of  a   licensed professional  practice  or  research  licensed pursuant to this article. Such person shall be deemed a "practitioner" only as to such substances, or conduct relating to such substances, as is permitted by his  license, permit or otherwise permitted by law.   49. "Prescription" shall mean an official New York state prescription, a written prescription or an oral prescription.   50.  "Controlled  substance"  shall mean the definition of "controlled substance" as contained in  section  thirty-three  hundred  two  of  the public health law.   52.  "Persons  with serious mental illness" means individuals who meet criteria established by the commissioner of mental health,  which  shall include  persons  who  are  in psychiatric crisis, or persons who have a designated diagnosis of mental illness under the most recent edition  of the  Diagnostic  and  Statistical  Manual  of Mental Disorders and whose severity  and  duration  of  mental  illness  results   in   substantial functional disability. Persons with serious mental illness shall include children and adolescents with serious emotional disturbances.   53.  "Children  and  adolescents  with serious emotional disturbances" means  individuals  under  eighteen  years  of  age  who  meet  criteria established  by  the  commissioner of mental health, which shall include children and adolescents who are in psychiatric crisis, or children  and adolescents  who have a designated diagnosis of mental illness under the most recent edition of the Diagnostic and Statistical Manual  of  Mental Disorders  and  whose severity and duration of mental illness results in substantial functional disability.   54. "Gambling disorder" means an addictive disorder, as defined by the most recent edition of the diagnostic and statistical manual  of  mental disorders  (DSM),  published  by  the  American Psychiatric Association, characterized by repeated problematic  gambling  behavior  which  causes significant  problems  or  distress.  Unless otherwise provided, for the  purposes of this chapter, the term  gambling  disorder  shall  mean  and include compulsive gambling, pathological gambling or problem gambling.   55.  "Addiction  disorder services" or "addiction services" shall mean engagement  to  treatment,  examination,  evaluation,  diagnosis,  care, treatment,  rehabilitation, relapse prevention and recovery maintenance, and  related  education  and  training  of  persons  suffering  from  or recovering  from  an  addictive  disorder  and their significant others. Unless otherwise provided, for the purposes of this  chapter,  the  term addiction  disorder services shall mean and include "chemical dependence services," alcoholism and/or substance  abuse  services,  substance  use disorder services, substance dependence, and gambling disorder services.   56.  "Substance  use  disorder"  means recurrent use of alcohol and/or legal or illegal drugs causing  clinical  and  functionally  significant impairment  to  the  individual's  physical  and  mental  health, or the welfare of others. Unless otherwise provided, for the purposes  of  this chapter   the  term  substance  use  disorder  shall  mean  and  include alcoholism,  alcohol  abuse,  drug  abuse,  substance  abuse,  substance dependence, chemical abuse, and/or chemical dependence.   58.  "Behavioral  health services" means examination, diagnosis, care, treatment, rehabilitation, or training for persons with mental  illness, or addictive disorders.