reglab/statecodes huggingface dataset:
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 31 - Regulation and Quality Control of Services for the Mentally Disabled › 31.26 - Residential Treatment Facilities for Children and Youth.

§ 31.26 Residential treatment facilities for children and youth.
(a)  The  commissioner  may  authorize  the  operation  of residential
treatment facilities for children and youth. Such residential  treatment
facilities may only be operated by not-for-profit organizations.
(b)  The  commissioner  shall  have  the  power  to  adopt  rules  and
regulations governing the establishment  and  operation  of  residential
treatment  facilities for children and youth. Such rules and regulations
shall at least require, as a condition of issuance or  retention  of  an
operating  certificate for a residential treatment facility for children
and youth, that  admission  of  children  into  such  facilities  be  in
accordance with priorities for admission of children most immediately in
need  of  such  services in accordance with standards established by the
commissioner which shall be in accordance with federal regulations.
(c)  The  commissioner,  in  consultation  with  the  commissioner  of
education  and  the  commissioner  of  the office of children and family
services, shall adopt rules and regulations governing the standards  for
admissions  of  individuals to residential treatment facilities required
in section 9.51 of this chapter in accordance with federal regulations.
(d) The commissioner of mental health and the commissioner  of  social
services  shall  enter  into  a  cooperative  agreement  to  govern  the
operation of residential treatment facilities for children and youth  by
an  authorized  agency,  visitation,  inspection and supervision of such
facilities, enforcement of  the  conditions  of  operating  certificates
issued  to  such facilities by the department of social services and the
office of mental  health,  and  protection  of  the  confidentiality  of
clinical  information  regarding  patients at such residential treatment
facilities.
(e) The office of mental health, the department of social services and
the department of education shall establish a uniform  system  by  which
authorized  agencies  which operate residential treatment facilities for
children and youth report the cost of operating such facilities.
(f) The  office  of  mental  health  shall,  in  accordance  with  the
provisions  of  section  four  thousand  four  of  the education law, be
responsible for paying the tuition costs for children who are  receiving
care  in a residential treatment facility for children and youth if such
children are residents of this state and such children were  not  placed
in  such  a facility by a school district, social services district, the
division for youth or the family court.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 31 - Regulation and Quality Control of Services for the Mentally Disabled › 31.29 - Monthly Personal Allowances.

§ 31.29 Monthly personal allowances.
(a)  Each  resident  of  a residential care center for adults shall be
entitled to retain out of his  or  her  income,  including  supplemental
security income or safety net assistance benefits pursuant to the social
services  law,  a  monthly  personal allowance in an amount equal to the
monthly  personal  allowance  established   in   section   one   hundred
thirty-one-o   of   the   social  services  law  for  persons  receiving
residential care.
(b) Any resident of a residential care center for adults, or  a  state
operated  community  residence,  who does not receive a monthly personal
needs allowance as provided in subdivision (a) of this section shall, in
accordance with regulations of the commissioner, be eligible to  receive
a state payment for personal needs if such resident:
1.  does not have countable income, as such term is defined in section
two hundred eight of the social services law, in an amount equal  to  or
greater   than   the  amount  of  the  monthly  personal  allowance  for
individuals  receiving  residential  care  established  in  section  one
hundred thirty-one-o of the social services law; and
2.  does  not  have  countable  resources,  as such term is defined in
section two hundred eight of the social services law, in an amount equal
to or greater than the amount of resources an individual or  couple  may
have  and  remain eligible for supplemental security income benefits and
additional state payments pursuant to title XVI of  the  federal  social
security act and title six of article five of the social services law.
(c) The amount of the state payment shall be the amount of the monthly
personal  allowance  established  in section one hundred thirty-one-o of
the social services law for persons receiving residential care less  the
resident's countable income.
(d)  The  provisions of section one hundred thirty-one-o of the social
services law shall apply to all allowances and state payments under this
section.
(e) The commissioner is authorized to promulgate necessary regulations
to provide for the time and manner for such state payments for  personal
needs.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 31 - Regulation and Quality Control of Services for the Mentally Disabled › 31.33 - Mental Health Special Needs Plans.

* § 31.33 Mental health special needs plans.
The  commissioner,  jointly  with the commissioner of health, shall be
  authorized to issue a certificate  of  authority  to  operate  a  mental
  health  special needs plan, in accordance with the procedures of section
  forty-four hundred three-d of the public health law.
* NB Repealed March 31, 2030
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 31 - Regulation and Quality Control of Services for the Mentally Disabled › 31.36 - Crisis Stabilization Services.

§ 31.36 Crisis stabilization services.
The   commissioner  shall  be  authorized,  in  conjunction  with  the
  commissioner of the office of addiction services and supports, to create
  crisis stabilization centers within New York state  in  accordance  with
  article  thirty-six  of  this title, including the promulgation of joint
  regulations and implementation of a financing mechanism to allow for the
  sustainable operation of such programs.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.01 - Regulation and Quality Control of Chemical Dependence Services.

§ 32.01 Regulation and quality control of chemical dependence services.
This  article  sets  forth  provisions  enabling  the  commissioner to
  regulate and assure the consistent high  quality  of  services  provided
  within the state to persons suffering from chemical abuse or dependence,
  their  families  and significant others, and/or those who are at risk of
  becoming chemical abusers. The commissioner may adopt and promulgate any
  regulation reasonably necessary to implement  and  effectively  exercise
  the  powers  and  perform  the  duties  conferred  by this article. This
  article shall govern the operation of programs,  provision  of  services
  and  the facilities hereinafter described including those approved under
  the former article twenty-three and the former sections 31.15, 31.23 and
  31.24 of this chapter, and the commissioner's powers and authority  with
  respect  thereto,  and  shall supersede, as to such matters, sections of
  the former article twenty-three and article thirty-one of  this  chapter
  that  are  inconsistent  with  the provisions of this chapter; provided,
  however  valid  certificates  of  approval  and  operating  certificates
  previously  issued under article twenty-three of this chapter or article
  thirty-one of this title shall remain in full force and effect but shall
  be  subject  to  conversion  upon  subsequent  review,  subject  to  the
  provisions  of  subdivision  (b) of section 19.40 of this chapter. Valid
  operating certificates previously issued under  section  19.40  of  this
  chapter  shall remain in full force and effect and shall be deemed to be
  operating certificates issued under this article and will  be  converted
  to  such  operating  certificates upon subsequent review, subject to the
  provisions of subdivision (b) of section  19.40  of  this  chapter.  For
  purposes of this article, the term "commissioner" means the commissioner
  of the office of alcoholism and substance abuse services.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.02 - Regulation and Quality Control of Compulsive Gambling Services.

§ 32.02 Regulation and quality control of compulsive gambling services.
(a)  The commissioner may adopt any regulation reasonably necessary to
regulate and ensure high quality of services  to  individuals  suffering
from compulsive gambling.
(b) The requirements of this article are applicable to this section.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.03 - Evaluation of Chemical Dependence Services.

§ 32.03 Evaluation of chemical dependence services.
(a)  The  commissioner  shall  ensure  that  all  chemical  dependence
services provided under this chapter for persons who  abuse  and/or  are
dependent on alcohol and/or substances are periodically evaluated.
(b)  The  commissioner  shall,  by regulations, establish and maintain
evaluation criteria  and  methods  which  assure  the  utility  of  data
generated in the evaluation of chemical dependence services in different
areas  of  the  state  provided under this chapter for those persons who
abuse or are dependent on alcohol and/or substances, including, but  not
limited to:
1.  Uniform definitions of chemical dependence services to persons who
abuse and/or are dependent on alcohol and/or substances;
2. Uniform objectives for all comparable chemical dependence  services
and programs;
3.  Uniform definitions of screening, assessment, evaluation, level of
care determination, admission and discharge for comparable providers  of
services;
4. Uniform clinical reporting procedures; and
5. Uniform requirements for the generation and maintenance of data for
all  individuals receiving services from any provider of services issued
an operating certificate under this article.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.05-A - Certified Recovery Residences.

§ 32.05-a Certified recovery residences.
1.  The commissioner shall promulgate regulations consistent with this
section  for  the  voluntary   certification   of   certified   recovery
residences.
2.  Such  regulations  shall  be evidence-based, utilizing information
from sources with expertise in treatment and recovery. Such  regulations
shall, at a minimum, provide guidance for:
(a) staffing;
(b)  referrals  to  and  coordination  with  community  and peer based
supports including support related to co-occurring disorders;
(c) resident safety;
(d) resident rights;
(e) confidentiality;
(f) reoccurance support;
(g) application of tenants rights;
(h) administrative and operational policies and procedures; and
(i) housing standards which shall meet or exceed the  housing  quality
standards  for  safe and habitual housing which are established by local
housing codes.
3. Once the commissioner has  certified  a  location  as  a  certified
recovery  residence, such certified recovery residence shall be included
on the office's website as an available option for  individuals  seeking
such an environment.
4.  The  commissioner  shall regulate and ensure that residences which
are certified to be certified recovery residences are continuing to meet
the requirements of this section. The commissioner has the authority  to
inspect   such  certified  recovery  residences  and  impose  penalties,
including  limiting,  revoking  or  suspending   a   certification,   as
appropriate, for failure to comply with the provisions of this section.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.07 - Regulatory Powers of the Commissioner.

§ 32.07 Regulatory powers of the commissioner.
(a)  The  commissioner  shall  have  the power to adopt regulations to
effectuate the provisions and purposes of this article,  including,  but
not limited to, the following:
1.  establishing  classes  of  operating  certificates based upon such
factors as physical plant, program, and staff;
2. specifying a definite period for which  the  operating  certificate
will be in effect;
3.   prescribing   standards  of  quality  and  adequacy  of  chemical
dependence  services  rendered  pursuant  to  an  operating  certificate
including  but not limited to, qualifications for persons providing such
services including moral  character,  competence  and  standing  in  the
community,  record-keeping  requirements, reporting requirements, fiscal
responsibility, public need, adequacy and quality of services, and  such
other matters of public interest as the office shall deem appropriate;
4.   providing   for  ongoing  compliance  by  providers  of  chemical
dependence  services  with  office  rules  and  regulations,   including
procedures  for  the  limitation or revocation of any previously granted
approval.
(b) Nothing herein shall affect the powers and duties of  other  state
agencies  to  carry out their responsibilities and functions pursuant to
the requirements of applicable laws.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.11 - Child Abuse Prevention.

§ 32.11 Child abuse prevention.
All  providers  of  services  described  in subdivision (a) of section
32.05 of this article, shall:
(a) develop, maintain and disseminate written policies and  procedures
pursuant  to  title  six  of  article six of the social services law and
applicable provisions of article ten of the family court act,  regarding
the  mandatory reporting of child abuse or neglect, reporting procedures
and obligations of persons required to report, provisions for  taking  a
child  into  protective custody, mandatory reporting of deaths, immunity
from liability, penalties for failure to report, and obligations for the
provision of services and procedures necessary to safeguard the life  or
health of the child; and
(b)  establish,  and implement on an ongoing basis, a training program
for all current and new employees regarding the policies and  procedures
established pursuant to this section.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.13 - Investigations and Inspections.

§ 32.13 Investigations and inspections.
The  commissioner  shall have the power to conduct investigations into
  the operations of providers of  services  which  are  required  by  this
  article  to  have  operating  certificates  and  to make inspections and
  examine records, including, but not limited  to,  clinical  and  medical
  service  and  financial  records of facilities to determine whether such
  providers of services are complying with the provisions of this  chapter
  and  applicable  laws, rules, and regulations. Inspections shall be made
  as frequently as the commissioner may deem necessary, but in  any  event
  such  inspections  shall  be  made on at least two occasions during each
  calendar year, one of which shall be without prior notice, for providers
  of services which have been issued operating certificates of one  year's
  duration  or  longer; and at least once during the term of the operating
  certificate for providers of services which have been  issued  operating
  certificates of less than a year's duration; and provided, further, that
  where,  in  the discretion of the commissioner, an operating certificate
  of more than one year's duration  has  been  issued  to  a  provider  of
  services  with  a history of compliance and a record of providing a high
  quality of care, the periodic inspection and visitation required by this
  section shall be made at least once during each calendar year,  provided
  such visits shall be without prior notice.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.15 - Powers of the Office Regarding Investigation and Inspection.

§ 32.15 Powers of the office regarding investigation and inspection.
(a)  In conducting an investigation or inspection, the commissioner or
his or her authorized representative shall have  the  power  to  inspect
facilities,  examine  records,  conduct examinations and interviews, and
obtain such other information as may be required in order to  carry  out
his or her responsibilities under this article.
(b)  All  investigations  and inspections of clinical records shall be
made  by  persons  competent  to   conduct   such   investigations   and
inspections.   Information obtained by the commissioner from the records
of patients receiving services shall be kept confidential in  accordance
with applicable federal and state confidentiality laws and regulations.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.17 - Certain Duties of Providers of Services.

§ 32.17 Certain duties of providers of services.
It  shall  be  the duty of every holder of an operating certificate to
assist both the office and the commission on quality  of  care  for  the
mentally  disabled in carrying out their respective and joint regulatory
functions by:
(a) complying with the provisions of this  chapter,  other  applicable
federal,  state,  and  local  laws,  rules,  and  regulations,  and  the
regulations of the commissioner.
(b)  consistent  with  federal  and  state  confidentiality  laws  and
regulations,  making  such reports as are required by the office as well
as those necessary to provide notification to the district  attorney  or
other  appropriate  law enforcement official and the commissioner or his
or her authorized representative as soon as possible, or  in  any  event
within  three  working  days,  if  it appears that a crime may have been
committed by program personnel against a patient receiving services from
such provider, and/or if a crime may  have  been  committed  by  program
personnel  against  any  person  on such provider's premises, and making
such other reports, uniform  and  otherwise,  as  are  required  by  the
commissioner or his or her authorized representative with respect to its
operations. Information obtained by the commissioner from the records of
patients  receiving  services  shall  be kept confidential in accordance
with applicable federal and state confidentiality laws and regulations.
(c) cooperating  with  the  commissioner  or  his  or  her  authorized
representative  and  the  commission on quality of care for the mentally
disabled or any representative authorized by  the  chairperson  of  such
commission   in   any  investigation  or  inspection  conducted  by  the
department or commission on quality of care for the mentally disabled.
(d)  permitting  the   commissioner   or   his   or   her   authorized
representative  and  the  commission on quality of care for the mentally
disabled or any representative authorized by  the  chairperson  of  such
commission  to inspect its facility and all books and records, including
patient records, kept by it and to interview and examine any patient  at
its  facility  except that no patient may be examined against his or her
will.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.17-A - Notification of Emergency Contact.

§ 32.17-a Notification of emergency contact.
Every  certified treatment program shall notify every patient of their
  right to identify  individuals  who  should  be  contacted  in  case  of
  emergency, as such term is defined by the commissioner.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.19 - Powers of Subpoena and Examination.

§ 32.19 Powers of subpoena and examination.
In  conducting  any  investigation,  inspection, or hearing under this
  chapter, the commissioner and his or her authorized  representative  are
  empowered  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 investigation,
  inspection, or hearing. A subpoena issued under this  section  shall  be
  regulated  by  the  civil practice law and rules. The confidentiality of
  information obtained by the commissioner from patient's records shall be
  maintained   in   accordance   with   applicable   federal   and   state
  confidentiality laws and regulations.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.21 - Suspension, Revocation, or Limitation of Operating Certificates and Imposition of Fines.

§  32.21 Suspension, revocation, or limitation of operating certificates
and imposition of fines.
(a) The commissioner  may  revoke,  suspend,  or  limit  an  operating
certificate  upon a determination that the holder of the certificate has
failed to comply with the terms of its operating certificate or with the
provisions of any applicable statute, rule, or regulation. The holder of
the certificate shall be given notice and an  opportunity  to  be  heard
prior to any such determination.
(b)  The  commissioner may impose a fine of up to one thousand dollars
upon a finding that the holder of the certificate has failed  to  comply
with  the  terms  of its operating certificate or with the provisions of
any applicable statute, rule or regulations.
(c) The penalty provided for in subdivision (b) of this section may be
recovered by an action brought by  the  commissioner  in  any  court  of
competent jurisdiction.
(d)  Such  penalty  may be released or compromised by the commissioner
before the matter has been referred to the attorney general,  and  where
such  matter has been referred to the attorney general, any such penalty
may be released or compromised and any action commenced to  recover  the
same  may  be  settled  or discontinued by the attorney general with the
consent of the commissioner.
(e) It shall be the duty of the attorney general upon the  request  of
the commissioner to bring an action for an injunction against any person
who  violates,  disobeys  or  disregards  any  term or provision of this
chapter or of any lawful notice, order or regulation  pursuant  thereto;
provided,  however,  that  the  commissioner  shall furnish the attorney
general with such material,  evidentiary  matter  or  proof  as  may  be
requested by the attorney general for the prosecution of such an action.
(f)  Pending  a  determination pursuant to the foregoing subdivisions,
the commissioner may, upon written notice to the holder thereof, suspend
an operating certificate for not more than thirty days if he or she  has
reasonable  grounds  for  finding  that  the  continued operation of the
facility presents an immediate danger to the health and welfare  of  the
public or of any of the persons receiving the services.
(g)   The   commissioner   shall   promulgate  rules  and  regulations
establishing procedures for the imposition  of  fines,  and  suspension,
revocation or limitation of operating certificates.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.23 - Formal Hearings; Procedure.

§ 32.23 Formal hearings; procedure.
(a)  Unless otherwise provided by law, when a hearing must be afforded
pursuant to this article, the hearing shall be held without undue  delay
and all parties shall be given reasonable notice of the time, place, and
nature of the hearing.
(b)  The  commissioner,  acting  as  hearing  officer,  or  any person
designated by him or her as hearing officer shall have power to:
1. administer oaths and affirmations;
2. issue subpoenas, which shall be regulated by the civil practice law
and rules;
3. take testimony; and
4. control the conduct of the hearing.
(c) The rules of evidence observed by the courts need not be  observed
except that the rules of privilege and confidentiality recognized by law
shall  be  respected.  Irrelevant  or unduly repetitious evidence may be
excluded.
(d) All parties shall have the right to counsel  and  be  afforded  an
opportunity to present evidence and cross-examine adverse witnesses.
(e)  If evidence at the hearing relates to the identity, condition, or
clinical record of a  patient,  the  hearing  officer  may  exclude  all
persons  from  the  room except parties to the proceeding, their counsel
and the witnesses. The record of such proceeding shall not be  available
to anyone outside the office other than a party to the proceeding or his
or her counsel, except by order of a court of record.
(f)  If  a  hearing officer has been designated, within twenty days of
receipt of the stenographic transcript or the date fixed for  submission
of  written  memoranda,  whichever  is  later, the hearing officer shall
submit  a  final  report  of  findings  and  a  proposed  order  to  the
commissioner, along with the entire record of the hearing.
(g)  The  commissioner shall issue a determination within ten business
days after the termination of the hearing or, if a hearing  officer  has
submitted  a  report in accordance with subdivision (f) of this section,
within ten business days from receipt of such officer's report.
(h) The commissioner may establish regulations to govern  the  hearing
procedure and the process of determination of the proceeding.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.25 - Confinement, Care, and Treatment of Persons Suffering From Chemical Abuse or Dependence.

§  32.25  Confinement,  care,  and  treatment  of persons suffering from
chemical abuse or dependence.
(a) No individual who is or appears  to  be  suffering  from  chemical
abuse  or  dependence shall be detained, deprived of his or her liberty,
or otherwise confined without  lawful  authority,  or  be  inadequately,
unskillfully,  cruelly,  or  unsafely  cared  for  or  supervised by any
person.
(b) If the commissioner has reason to believe  that  this  section  is
being  violated  or  that  services  for persons suffering from chemical
abuse or dependence or who are at risk of becoming alcohol or  substance
abusers are being provided in violation of this article, he or she shall
promptly investigate the matter. If he or she finds, after notice to the
person  accused  of  the violation that there is substantial evidence to
support the finding that there has been a  violation,  the  commissioner
shall  issue an order directed to the person or entity who has committed
the violation directing  him  or  her  to  cease  and  desist  from  the
violation.
(c)  The  commissioner  may  bring  the  following  proceedings in the
supreme court, in accordance with the provisions  of  section  32.27  of
this article:
1. for an injunction where the person to whom a cease and desist order
is directed has failed to comply therewith; and
2. for a temporary restraining order where the commissioner has reason
to  believe that a violation of this section may result in injury to any
person.
(d) Nothing in this section shall prevent the commissioner from taking
whatever  action  he  or  she  deems  necessary  for   the   suspension,
revocation,  or limitation of the operating certificate of a provider of
services which has been charged with a violation of this section.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.27 - Injunction and Temporary Restraining Order.

§ 32.27 Injunction and temporary restraining order.
(a)  The  supreme court may enjoin violations or threatened violations
of any provision of this article or violations of the regulations of the
office established  pursuant  to  this  article.  Upon  request  of  the
commissioner,  the  attorney  general  may  maintain a proceeding in the
supreme court in the name of the people of the state to enjoin any  such
violation,   provided  that  notice  of  such  violation  or  threatened
violation and proposed referral to the attorney general has  been  given
to  the  violator by mailing notice thereof to the last known address of
the violator by registered mail.
(b) If the proceeding is for the enforcement of  a  cease  and  desist
order  issued  after  notice  and  hearing pursuant to the provisions of
section 32.23 of this article, the facts found by the commissioner shall
be conclusive if supported by substantial evidence.
(c) Notwithstanding any limitation  in  the  civil  practice  law  and
rules, such court may, on motion and affidavit, and upon proof that such
violation  is  one  which reasonably may result in injury to any person,
whether or not such person is a party to such action, grant a  temporary
restraining   order  upon  such  terms  as  may  be  just,  pending  the
determination of the proceeding. No security on the part  of  the  state
shall be required.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.35 - Disclosure by Members, Officers and Employees.

§ 32.35 Disclosure by members, officers and employees.
In  the  event  that a provider of services certified by the office of
  alcoholism and substance abuse services enters into an agreement or  has
  entered  into  an  agreement  for the purchase, lease, rehabilitation or
  improvement of real property or a cooperative share  in  real  property,
  any  employee who receives an annual salary in excess of thirty thousand
  dollars, or any board member, partner, or officer of  such  provider  of
  services  who  has  a  direct  or  indirect interest either financial or
  beneficial in such property including the interest  of  any  person  for
  whom  he  or she is related by consanguinity or affinity, shall disclose
  such interest prior to the making of such agreement or at  the  time  of
  acquisition  of such interest. Disclosure pursuant to this section shall
  be made in writing to  the  board  of  directors  of  such  provider  of
  services  and  shall  indicate  the  material  facts as to the member's,
  partner's, officer's, employee's or relative's interest in such property
  or cooperative share. Such disclosure shall be filed with the  secretary
  of the corporation and entered on the minutes of a meeting of the board.
  Such  disclosure  shall also be forwarded in writing to the commissioner
  and to the director of community services of the local governmental unit
  within which the property or cooperative share is located prior  to  the
  approval  of public funding related to the property or cooperative share
  which is the subject of disclosure made pursuant to this section  or  at
  the time of the acquisition of such interest, whichever occurs later.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.36 - Crisis Stabilization Services.

§ 32.36 Crisis stabilization services.
The   commissioner  shall  be  authorized,  in  conjunction  with  the
  commissioner  of  the  office  of  mental  health,  to   create   crisis
  stabilization  centers  within New York state in accordance with article
  thirty-six  of  this  title,  including  the   promulgation   of   joint
  regulations and implementation of a financing mechanism to allow for the
  sustainable operation of such programs.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.37 - Registration and Notification of Boards of Directors or Trustees of Certain Voluntary Not-for-Profit Facilities or Corporations.

§ 32.37 Registration and notification of boards of directors or trustees
of    certain    voluntary    not-for-profit   facilities   or
corporations.
(a) Notwithstanding any other law, rule, or regulation, the  executive
director,  chairperson  or  president  of  a  voluntary,  not-for-profit
corporation which has been issued an operating  certificate  by  or  has
received  funding  from  the  office  of  alcoholism and substance abuse
services shall furnish annually to the commissioner  of  such  office  a
list  of  the names and addresses of the current members of the board of
directors or trustees of  such  corporation.  Failure  to  furnish  such
annual   list   may  remove  such  corporation  from  consideration  for
recertification or refunding.
(b) In the event that such provider of services  is  found  to  be  in
violation  of the provisions of this chapter or of rules and regulations
promulgated by the commissioner pursuant to  this  chapter  which  could
result  in the revocation, cancellation, limitation or suspension of the
operating certificate of such provider of services and if notice of such
violation is provided to the  provider  of  services  pursuant  to  such
regulations,  a  copy  of  such  notice shall be provided to each of the
current members of the board of directors or trustees of  such  provider
of services by the commissioner.
(c)   Within  available  appropriations,  within  the  first  year  of
appointment of a member to  a  board  of  directors  of  a  provider  of
services  which  has  been  issued  an  operating  certificate by or has
received funding from the  office  of  alcoholism  and  substance  abuse
services,  the  commissioner  shall  ensure  that  each  new  member  is
appropriately provided with information, which may include training,  to
carry  out  his  or her role as a member of a board of directors of such
provider of services pursuant to article  seven  of  the  not-for-profit
corporation law and applicable laws, rules and regulations governing the
operation  of  chemical  dependence services. Training shall be provided
for  all  new  members  of  organizations  established  to  provide   or
facilitate   the   provision   of   chemical   dependence  services,  as
appropriate, upon initial appointment and as  frequently  thereafter  as
determined by the commissioner.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 33 - Rights of Patients › 33.01 - Protection of Patients' Rights.

§ 33.01 Protection of patients' rights.
Notwithstanding  any  other  provision  of  law,  no  person  shall be
  deprived of any civil right, if in  all  other  respects  qualified  and
  eligible,  solely  by  reason  of  receipt  of  services  for  a  mental
  disability nor shall the receipt of such services  modify  or  vary  any
  civil  right  of  any  such  person,  including but not limited to civil
  service ranking and appointment, the right to register for and  to  vote
  at  elections, or rights relating to the granting, forfeiture, or denial
  of a license, permit, privilege, or benefit pursuant to any law.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 33 - Rights of Patients › 33.05 - Communications and Visits.

§ 33.05 Communications and visits.
(a)  Each  patient  in  a facility shall have the right to communicate
freely and privately with persons outside the facility as frequently  as
he wishes, subject to regulations of the commissioner designed to assure
the  safety  and  welfare of patients and to avoid serious harassment to
others.  Correspondence  addressed  to  public   officials,   attorneys,
clergymen, and to the mental hygiene legal service shall be unrestricted
and shall be sent along promptly without being opened.
(b)  The  commissioner  by  regulation  shall  establish guidelines to
insure that patients at facilities have full opportunity for  conducting
correspondence,  have reasonable access to telephones, and have frequent
and convenient opportunities to meet with visitors.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 33 - Rights of Patients › 33.06 - Reports of Abuse, Neglect, and Significant Incidents.

§ 33.06 Reports of abuse, neglect, and significant incidents.
The  executive  director  of  the justice center for the protection of
  people with special needs, in consultation with the commissioner of  the
  office  of  mental  health, the commissioner of the office of alcoholism
  and substance abuse services and the  commissioner  of  the  office  for
  people  with  developmental  disabilities  shall establish procedures or
  mechanisms pursuant to article eleven of  the  social  services  law  to
  receive  allegations  or  complaints  of  reportable incidents involving
  individuals served by agencies and providers licensed or operated by the
  offices, including receipt of anonymous allegations or complaints.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 33 - Rights of Patients › 33.09 - Employment of Patients.

§ 33.09 Employment of patients.
(a)  The  department shall encourage employment of patients as part of
therapeutic, community care,  or  release  programs  and  shall  promote
training  of  patients  for  gainful  employment. The commissioner shall
adopt regulations to further the purposes of this section.
(b) A patient employed by a facility shall  receive  compensation  for
his services in accordance with applicable state and federal labor laws.
Any  such employment shall be subject to regulations of the commissioner
as to the nature and circumstances of the employment.
(c) The provisions of the workers' compensation law, the  unemployment
insurance  law, and articles thirteen, nineteen, and twenty of the labor
law shall not apply to any patient in a facility  with  respect  to  his
participation  in  a sheltered workshop program, provided, however, that
participants in sheltered workshop programs operated by  the  office  of
mental  health, the office for people with developmental disabilities or
voluntary agencies or institutional  worker  programs  operated  by  the
office  of  mental  health  shall  be eligible for workers' compensation
benefits (excluding benefits provided pursuant to article  nine  of  the
workers'  compensation law) if such offices or agencies elect to provide
such benefits. Sheltered workshops  operated  at  department  facilities
shall  be  subject  to  the laws and regulations applicable to sheltered
workshops operated by voluntary agencies.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 33 - Rights of Patients › 33.11 - Education for Children With Mental Disabilities.

§ 33.11 Education for children with mental disabilities.
The   office   of  mental  health  and  the  office  for  people  with
  developmental disabilities shall provide the same education for patients
  in office of mental health hospitals and residents in office for  people
  with developmental disabilities schools who are between the ages of five
  and  twenty-one  which  they  would  otherwise be entitled to receive in
  their local school districts pursuant  to  article  eighty-nine  of  the
  education  law.  The  cost  of such education shall be a charge upon and
  shall be paid by the office of mental health or the  office  for  people
  with  developmental disabilities when received within such a hospital or
  school by a patient or resident therein. Such education shall be adapted
  to the mental attainments of such children. Provided, however, that such
  children as can benefit therefrom shall be admitted to  the  schools  of
  the  school  district  in  which  such  hospital or school is located in
  accordance with regulations of the commissioner of  education  developed
  in   consultation   with   the   commissioners   of  mental  health  and
  developmental disabilities. The cost of such instruction less the  state
  aid attributed to such child, shall be a charge upon the school district
  in  which  the  child  resided  at  the  time  of admission to the state
  hospital or school, except in those cases as provided in paragraph c  of
  subdivision five of section thirty-two hundred two of the education law.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 33 - Rights of Patients › 33.12 - Hearing Evaluation.

§ 33.12 Hearing evaluation.
The  office  for  people with developmental disabilities shall provide
  suitable hearing evaluations periodically for  the  residents  in  state
  schools.  Upon  the ascertainment that any resident so evaluated is deaf
  or hard of hearing, it shall be  the  duty  of  the  office  to  provide
  suitable  remedial  efforts,  to include, but not be limited to, hearing
  aids, alternative  forms  of  communication  and  auditory  training  to
  overcome  this  handicap and to ascertain the true level of intelligence
  of such residents.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 33 - Rights of Patients › 33.14 - Sealing of Records Pertaining to Treatment for Mental Illness.

§ 33.14 Sealing of records pertaining to treatment for mental illness.
(a)  (1)  Any  person  who  has  been admitted to receive inpatient or
outpatient services for mental illness may commence a special proceeding
in the supreme court for an order directing the sealing of those records
held by the office of mental health, a facility, or any other individual
or public or  private  entity  which  has  been  made  a  party  to  the
proceeding, which identify the petitioner as a recipient of services for
mental  illness.  The  court  may order that the petitioner's records be
sealed, subject to such limitations  or  exceptions  as  the  court  may
impose, upon a finding that:
a.  the  petitioner  was illegally detained by a facility by reason of
fraud, error or falsified documents, and the  records  pertain  to  such
illegal detention; or
b.  the petitioner has demonstrated by competent medical evidence that
he is not currently suffering from a  mental  illness,  has  not  for  a
period of three years received inpatient services for the treatment of a
mental  illness,  and  the interests of the petitioner and society would
best be served by sealing the petitioner's records. It shall be presumed
that it would be in the best interests of the petitioner and society  to
seal  any record of a petitioner's receipt of services for the treatment
of mental illness prior to his sixteenth birthday.
(2) Except for such limitations as the court may impose, a court order
directing the office of mental health, a facility, or  other  individual
or  entity  to  seal  records shall require the office of mental health,
facility or other individual or entity to respond  to  any  official  or
unofficial inquiry concerning the petitioner's history of mental illness
as  though the admission or receipt of services documented in the sealed
records had never occurred.
(3) A petitioner who has obtained an order directing that his  or  her
records  be  sealed may respond to any official or unofficial inquiry by
any person or agency  concerning  the  petitioner's  history  of  mental
illness as though the admission or receipt of services documented in the
sealed records had never occurred.
(b)  Records  sealed pursuant to this section may be unsealed and made
available only:
(1) upon request of the person  who  is  the  subject  of  the  sealed
records;
(2)  by  order of a court upon a demonstration by the party seeking to
have the records unsealed  that  such  unsealing  is  essential  to  the
interests of justice;
(3)  upon  the commencement of a suit by the person who is the subject
of the sealed records or  his  representative  in  which  such  person's
confinement  or treatment during confinement as documented in the sealed
records is at issue; or
(4) seventy-five years after the record has been sealed.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 33 - Rights of Patients › 33.15 - Habeas Corpus.

§ 33.15 Habeas corpus.
(a) A person retained by a facility or the department or a relative or
friend  on his behalf is entitled to a writ of habeas corpus to question
the cause and legality of detention upon proper application.
(b) Upon the return of such a writ of habeas corpus, the  court  shall
examine  the facts concerning the person's alleged mental disability and
detention. The evidence shall include the clinical record of the patient
and medical or other testimony as required by the court. The  court  may
review  the  admission  and  retention  of  the  person  pursuant to the
provisions of this chapter. The court  shall  discharge  the  person  so
retained  if it finds that he is not mentally disabled or that he is not
in need of further retention for in-patient care and treatment.
(c) In  a  subsequent  application  for  a  writ,  any  party  to  the
proceeding  may  introduce  evidence  or records from a prior hearing or
trial and  such  records  shall  have  the  same  force  and  effect  as
testimonial evidence.
(d)  The  application  for a writ of habeas corpus and the proceedings
upon it shall follow the procedure set forth in article seventy  of  the
civil practice law and rules.
(e)  The  director  of the facility where the person is detained shall
forthwith  notify  the  mental  hygiene  legal  service  of   any   such
application for a writ and provide it with information as to the case.