2023 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.
(i) The commissioner, in consultation with the commissioner of  mental
health,  shall  develop  and  implement a public awareness campaign that
combats the discrimination, stigma and stereotyping of individuals  with
developmental disabilities across the state. Such campaign shall utilize
public forums, social media and mass media, including but not limited to
internet,  radio,  and  print  advertising and shall include educational
materials and information on the office's website. The campaign shall be
tailored to educate the general public about developmental  disabilities
and  shall  also  highlight  the  accomplishments  and  contributions of
individuals with developmental  disabilities  to  the  state  and  their
respective  communities.  The office shall consult with stakeholders and
consumer advocates to ensure such campaign is culturally  competent  and
linguistically   appropriate.   Such  campaign  shall  end  on  December
thirty-first, two thousand twenty-three.