2023 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  the  office  of
addiction  services  and  supports and the director of the department 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.
(m)  The  commissioner  shall  publish  on  the  website of the office
information regarding the mental illness anti-stigma distinctive license
plate established under section four hundred four-dd of the vehicle  and
traffic  law.  Such  information shall include, but not be limited to, a
link to the department of motor vehicle website where an individual  may
order such license plate.