reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 857 - Problem Gambling Treatment And Recovery Services › Section 857.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) "Addiction
				disorder" means substance use disorder, as defined in Part 800 of this Title,
				gambling disorder as defined in the most recent edition of the Diagnostic and
				Statistical Manual (DSM), or problem gambling as defined in this
				Part.
(b) "Addiction services"
				means services delivered by a certified or authorized provider or program for
				the prevention, treatment and recovery from an addiction disorder.
(c) "Designated program" means an OASAS
				certified program that has been designated pursuant to the requirements of this
				Part to provide "gambling-only treatment."
(d) "Problem gambling" means gambling
				behavior meeting less than four (4) of the DSM criteria for gambling
				disorder.
(e) "Gambling treatment"
				means treatment for gambling disorder or problem gambling as a secondary
				diagnosis to substance use disorder, or if context indicates, "gambling-only
				treatment" without a primary diagnosis of substance use disorder.
(f) "Qualified Problem Gambling Professional
				(QPGP)" means any of the following professionals who can document either a
				minimum of one year of experience in the treatment and/or clinical research of
				problem gambling, or have completed a formal training program in the treatment
				of problem gambling as required by the Office and available on the Office
				website:
(1) Qualified Health Professional
				(QHP) as listed in Part 800 of this Chapter; for purposes of this subdivision
				only such QHP is not required to meet the minimum one year of experience in
				substance use disorders;
(2)
				Credential Alcoholism and Substance Abuse Counselor with a Gambling designation
				(CASAC-G);
(3) Credentialed problem
				gambling counselor (CPGC) who has a current valid credential issued by the
				Office;
(4) National Certified
				Gambling Counselor (Level I and II);
(5) Board Approved Clinical Consultant who is
				currently registered as such by the National Council on Problem
				Gambling;
(6) Pastoral Counselor
				certified by the American Association of Pastoral Counselors or is a Fellow of
				the American Association of Pastoral Counselors.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 857 - Problem Gambling Treatment And Recovery Services › Section 857.5 - Designation to provide gambling-only treatment services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OASAS certified providers seeking to
				provide gambling-only treatment services must receive authorization pursuant to
				the requirements of this section.
(b) Designation.
(1) Requests for designation to provide
				gambling-only treatment services shall be in the form of an application
				submitted to the Bureau of Certification and to the appropriate Regional
				Office.
(2) Office approval will be
				based on a review of the written plan addressing the following criteria
				available on the Office website and including, but not limited to:
(i) Admission criteria and screening
				tools;
(ii)
				confidentiality;
(iii) staffing,
				supervision and staff training;
(iv) reporting and recordkeeping;
(v) programming specific to gambling-only
				treatment services, such as financial counseling and planning; individual,
				group and family counseling;
(vi)
				policies and procedures addressing potential conflicts of interest involving
				staff with outside employment.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 857 - Problem Gambling Treatment And Recovery Services › Section 857.6 - Medicaid/Insurance claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Third Party
				Reimbursement.
(1) No Medicaid claim may be
				submitted by an OASAS program for gambling-only services (addiction services)
				unless such program has been approved to provide such services and the service
				has been approved by CMS.
(2)
				Private insurance may be billed for gambling disorder services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 857 - Problem Gambling Treatment And Recovery Services › Section 857.7 - General Program Standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Policies
				and Procedures. In addition to the policies and procedures required by a
				program's certification, programs offering gambling treatment (as secondary to
				SUD or as gambling-only) must develop policies and procedures specific to the
				level of gambling treatment provided including, but not limited to:
(1) Standards of conduct for staff related to
				providing clinical treatment, self-help support or any other professional
				service in another independent program, community and/or private practice
				setting;
(2) provisions to admit
				without a full diagnosis for a gambling disorder;
(3) Services must include financial
				counseling and planning (on site or by referral);
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 857 - Problem Gambling Treatment And Recovery Services › Section 857.8 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Severability. If any provision of this Part or the
				  application thereof to any person or circumstance is held invalid, such
				  invalidity shall not affect other provisions or applications of this Part which
				  can be given effect without the invalid provision or application, and to this
				  end the provisions of this Part are declared to be severable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1000 - General › Section 1000.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Division means
				the Division of Substance Abuse Services within the Office of Alcoholism and
				Substance Abuse of the State of New York, established pursuant to article 19 of
				the Mental Hygiene Law.
(b)
				Director, as used in this Chapter, means the Director of the Division of
				Substance Abuse Services.
(c)
				Substance means:
(1) any controlled substance
				listed in Public Health Law section 3306;
(2) any substance listed in Public Health Law
				section 3380; and
(3) any of the
				substances which have been certified to the director in accordance with section
				1000.2 
				of this Part. The term substance as used in this Chapter shall not include
				alcohol or tobacco.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1000 - General › Section 1000.2 - Procedure for listing of substances certified to director

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The division shall give notice to the
				Speaker of the Assembly and the Temporary President of the Senate of the
				proposed listing in section 1000.3 [FN*] of this Part of a substance certified
				to the director by the Commissioner of Health as having the capability of
				causing physical and/or psychological dependence. The director shall consider
				the advice and recommendation of the Legislature and shall hold a public
				hearing prior to taking final action in so listing such substance.
(b) The listing of a substance in section
				1000.3 [FN*] of this Part shall, unless renewed, expire one year from the
				effective date of such listing.
[FN*] Text of section 1000.3 not filed with the Secretary of
				  State.
[FN*] Text of section 1000.3 not filed with the Secretary of
				  State.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1000 - General › Section 1000.4 - Waiver of requirements of this chapter

Current through Register Vol. 46, No. 28, July 10, 2024
At the request of a substance abuse program, the director may
				  waive any of the requirements of this Chapter not specifically required by law.
				  Such waiver request must be made in writing and may be granted only if
				  accompanied by documentation of substantial justification for the request and
				  documentation that such waiver will be in the best interests of the
				  clients.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1030 - Requirements For The Operation Of Drug-free Substance Abuse Programs › Section 1030.1 - Residential drug-free treatment services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definition. Residential treatment program
				shall mean a substance abuse program in which drug-free substance abuse
				treatment and living accommodations are provided to substance abusers and
				substance dependent persons.
(b)
				Program administration and staffing.
(1) Each
				program shall have a full-time administrator-supervisor whose duties include:
(i) overseeing the day-to-day operations of
				the program; and
(ii) supervising
				the work of all staff.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1030 - Requirements For The Operation Of Drug-free Substance Abuse Programs › Section 1030.2 - Ambulatory drug-free prevention services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definition. Ambulatory treatment program
				shall mean a substance abuse program in which drug-free substance abuse
				treatment services, but not living accommodations, are provided to substance
				abusers and substance-dependent persons. This treatment must be provided on a
				regular basis and may be provided daily if necessary.
(b) Program administration and staffing.
(1) Each program shall have an
				administrator-supervisor on duty either onsite or at a central administrative
				location during the program's hours of operation. His duties shall include:
(i) overseeing the day-to-day operations of
				the program; and
(ii) supervising
				the work of all staff.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1030 - Requirements For The Operation Of Drug-free Substance Abuse Programs › Section 1030.3 - Drug-free prevention services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Definitions. Drug-free prevention program shall mean a substance abuse program
				providing services designed to keep individuals from becoming
				substance-dependent and to alert, educate and inform individuals, special
				groups and the general public of the problems of substance abuse and
				dependence. These services may be provided in any appropriate community-based
				or school-based setting.
(b)
				Program administration and staffing.
(1) Each
				program shall have an administrator-supervisor on duty either onsite or at a
				central administrative location during the program's hours of operation.
				His/her duties shall include:
(i) overseeing
				the day-to-day operation of the program; and
(ii) supervising the work of all
				staff.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1050 - Funding For Substance Abuse Services › Section 1050.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
The division is the single State agency designated to
				  administer and supervise the State plan for substance abuse services. Under
				  that plan, coordinated Federal and State assistance is made available to
				  necessary substance abuse programs directly, or through designated local
				  agencies on the basis of local comprehensive plans developed and submitted by
				  the local agency and on behalf of programs within the locality served by the
				  local agency.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1050 - Funding For Substance Abuse Services › Section 1050.2 - Eligibility for financial support; extent and limitations of financial support

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subject to
				section 1050.2(e)  of this Part, no entity providing substance abuse services
				will receive funding from the division for services to clients provided at
				sites for which the entity does not have a valid certificate of approval issued
				pursuant to Part 1010 of this Title and, where required an operating
				certificate issued pursuant to article 28 of the Public Health Law; and where
				required for the lawful administration of the treatment modality, an
				appropriate license pursuant to article 33 of the Public Health Law authorizing
				the dispensing of controlled substances.
(b) The division will consider applications
				from programs or local agencies for financial support of projected services, of
				up to 100 percent of operating costs and either 50 percent of capital cost or
				50 percent of debt service.
(c)
				Financial support, if granted, will be provided to the program or local agency,
				upon such terms and conditions as the division shall deem appropriate, and as
				shall be approved by the Department of Law and the Department of Audit and
				Control.
(d) Financial support will
				normally be paid for properly documented expenditures within items and
				categories approved by the division. Upon justification satisfactory to the
				division, financial support may be provided by advance payment within limits
				set by the division and subject to subsequent documentation of the
				expenditures.
(e)
(1) Financial support shall not be available
				for any expenditures incurred prior to the submission of an application to
				obtain a certificate of approval or a notification as required by section
				1010.3 of this Title.
(2)
				Reimbursement shall not be available without the prior written approval of the
				division for expenditures incurred prior to the issuance of a certificate of
				approval or the approval of a notification.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1050 - Funding For Substance Abuse Services › Section 1050.3 - Local planning-comprehensive plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A local agency seeking financial support
				from the division for locally coordinated substance abuse services shall submit
				a comprehensive plan to the appropriate regional office of the division no
				later than the first day of July preceding the beginning of the fiscal year for
				which the financial support will be requested.
(b) The comprehensive plan shall state:
(1) the nature of substance abuse services to
				be provided;
(2) whether each
				service will be provided directly by the local agency, by subcontract with a
				substance abuse program, or through utilization of existing public
				resources;
(3) the area or areas to
				be served;
(4) an estimate of the
				cost of such services, including an estimate of amounts of support to be
				provided through sources other than division financial support; and
(5) the amount of local governmental funds
				committed to substance abuse programs during the current fiscal year and a
				commitment that no less will be used from those funds for the operation of such
				programs during the fiscal year for which the plan is submitted.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1050 - Funding For Substance Abuse Services › Section 1050.4 - Application of other sources of financial support

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A recipient of financial support from the
				division shall not substitute such support for other resources available for
				use, including but not limited to:
(1) Federal
				aid otherwise committed to or intended for use in the program or local
				agency;
(2) home relief payments
				received on behalf of eligible clients;
(3) health insurance benefits;
(4) revenues derived from the operation of
				the program or local agency; and
(5) revenues committed by a related
				organization or corporation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1050 - Funding For Substance Abuse Services › Section 1050.5 - Fees for services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				substance abuse treatment program funded in whole or in part by the division
				shall establish, subject to the approval of the division, a fee schedule for
				all substance abuse services not specifically reimbursed by a rate established
				pursuant to article 28 of the Public Health Law or title 2 of article 5 of the
				Social Services Law. Each program shall charge such fees to all users of its
				services who are financially able to pay for those services. Notwithstanding
				the foregoing, no substance abuse program shall deny services to any person
				because of his inability to pay such fee.
(b) At admission, an assessment of each
				client's ability to pay for services and eligibility for third party
				reimbursement (e.g.,Medicaid, home relief, health insurance) must be made. If a
				client is found to be potentially eligible for third party benefits, the
				program must aid the client in applying for those benefits.
(1) Programs must document all efforts made
				to aid the client in applying for third-party benefits.
(2) Programs must periodically, but not less
				than every six months, reassess each client's ability to pay a fee for
				treatment.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1050 - Funding For Substance Abuse Services › Section 1050.6 - Personnel of funded substance abuse programs

Current through Register Vol. 46, No. 28, July 10, 2024
No persons receiving compensation as an employee from a
				  funded substance abuse program may serve on the governing body of that
				  program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1050 - Funding For Substance Abuse Services › Section 1050.7 - Substance abuse service fund

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Maintenance of accounts. The director shall maintain separate accounting
				records for all funds deposited in the substance abuse service fund, as
				established pursuant to section 97-w  of the State Finance Law. One account
				shall be entitled "Asset Forfeiture Account" and shall track all deposits made
				pursuant to article 13-A of the Civil Practice Law and Rules. All deposits to
				the asset forfeiture account shall be according to the origin of the funds as
				follows: City of Buffalo, the City of New York (which shall encompass all
				counties within the city), all other counties and the State. All internal
				accounts shall be maintained on a State fiscal-year basis. All funds not
				applied for and not allocated by contract to a county or city shall be
				transferred to the internal general account.
(b) Use of funds. The director may contract
				with a local agency, as defined in section 25.01 (a)  of the Mental
				Hygiene Law, or a designated agency for the City of Buffalo, or a licensed
				substance abuse program, to provide for substance abuse treatment or prevention
				services. Contract agencies shall comply with sections
				1050.2
				and
				1050.3 
				of this Part and any other rules, regulations or administrative standards of
				the division.
(c) Application for
				funding. All requests for funding shall be pursuant to standards, forms and
				procedures prescribed by the division. Subject to available appropriations,
				contracts will be awarded no later than March 31st, and all applications for
				funding must be received by the division not later than the preceding January
				1st. First priority will be given to applications which represent a one-time
				expenditure of funds. Priority consideration will also be given to those
				applications that focus on approaches dealing with the problems of chemical
				dependency and to those applications focusing on providing treatment and
				prevention services to adolescents. Local governments are encouraged to include
				in the application a commitment of local appropriations, where possible, to the
				substance abuse services program described in the application. In addition,
				requests for funding shall, at a minimum, include the following assurances:
(1) that there is a demonstrated need for the
				proposed services;
(2) that the
				proposal is consistent with the local comprehensive plan; and
(3) that, if the program is ongoing in
				nature, other funding sources have been identified to continue the program in
				the event of a lack of monies in the substance abuse service fund.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1055 - Funding For Capital Projects (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Mental Hygiene Law,
				  §§19.05[f], 19.07[b] and art. 25; Facilities Development Corporation
				  Act, § 5
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1070 - Services For Persons With Hiv Related Conditions (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Mental Hygiene Law,
				  §§19.05[f], 19.07[b][16] Public Health Law, §§2782,
				  2786
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXV - Division Of Substance Abuse Services › Part 1072 - Hiv Testing And Related Information (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Mental Hygiene Law,
				  §§19.05[f], 19.07[b] [16]; Public Health Law, §§2782,
				  2786
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 2

Current through Register Vol. 46, No. 28, July 10, 2024
APPLICATION FOR APPROVAL OF GENERAL HOSPITAL PSYCHIATRIC
				SERVICES
I. Form of Application for
			 Approval of a General Hospital's Psychiatric Service
1. The name of the hospital is
			 ............
2. The address and
			 description of the location is ............
............
............
............
3. The owners are (names of individuals,
			 partnership, membership corporation, or other type of corporation, religious
			 order, etc.) ............
............
............
............
4. The proposed capacity of the psuchiatric
			 service is ............
5. The
			 name, education and experience of the director of this service is ............
............
............
............
............
............
............
............
________
Applicant
________
Title
________
Date
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 7

Current through Register Vol. 46, No. 28, July 10, 2024
NONCOLLUSIVE BIDDING CERTIFICATION
By submission of this bid, the bidder certifies that.
This bid has been independently arrived at without collusion
				withany other bidder or with any competitor or potential competitor;
This bid has not been knowingly disclosed and will not be
				knowingly disclosed, prior to the opening of bids for this project, to any
				other bidder. competitor or potential competitor;
No attempt has been made or will be made to induce any other
				person, partnership or corporation to submit or not to submit a bid;
The person signing this bid certifies that he has fully
				informed himself regarding the accuracy of the statements contained in this
				certification, and under the penalties of perjury, affirms the truth thereof,
				such penalties being applicable to the bidder as well as the person signing in
				its behalf.
That attached hereto (if a corporate bidder) is a certified
				copy of resolution authorizing the execution of this certificate by the
				signator of this bid in behalf of the corporate bidder.
RESOLUTION (for corporate bidders only--
see paragraph (e) above)
Resolved that ____________ be authorized to sign and submit the
				bid of this corporation for the following project
(Described Project) and to include in such bid the certificate
				as to noncollusion required by section one hundred thirty-nine-d  of the State
				Finance Law as the act and deed of such corporation. and for any inaccuracies
				or misstatements in such certificate this corporate bidder shall be liable
				under the penalties of perjury.
The foregoing is a true and correct copy of the resolution
				adopted by ________ corporation at a meeting of its board of directors held on
				the ________ day of ________, 19________
(SEAL OF THE CORPORATION)
__________
SECRETARY
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 12 › RULES GOVERNING PROCEDURE UNDER ARTICLE 730 OF THE CRIMINAL PROCEDURE LAW ADOPTED BY THE JUDICIAL CONFERENCE[FN*] › Article 1 › Part 100 - Procedure Under Article 730 Of The Criminal Procedure Law › Section 100.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever to this Part or in the forms promulgated or
						  approved hereunder, the following terms appear, they shall have the following
						  meaning:
(a) Director of community
						mental health services means the person responsible for the administration of
						community mental health and mental retardation services in a county or city,
						whether known or referred to as director, commissioner, or otherwise.
(b) Director when used in connection with a
						hospital, institution, or other facility, means the person in charge of the
						facility, whether known or referred to as director, superintendent, or
						otherwise.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 12 › RULES GOVERNING PROCEDURE UNDER ARTICLE 730 OF THE CRIMINAL PROCEDURE LAW ADOPTED BY THE JUDICIAL CONFERENCE[FN*] › Article 1 › Part 100 - Procedure Under Article 730 Of The Criminal Procedure Law › Section 100.2 - Examination of defendant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An order
						for the examination of a defendant to determine whether he is an incapacitated
						person under article 730 of the Criminal Procedure Law shall be addressed to
						the director of community mental health services of the county where the
						criminal action is pending except in the City of New York where the order shall
						be addressed to the director of community government that has been certified by
						the Commissioner of Mental Hygiene as having adequate facilities mental health
						services of such city. If there is no such director of community mental health
						services, the order shall be addressed to the director of a hospital operated
						by local government within such county or city that has been certified as
						having adequate facilities for such purpose by the Commissioner of Mental
						Hygiene or, in the absence of such local hospital, to the director of the State
						hospital operated by the Department of Mental Hygiene serving the county where
						the criminal action is pending.
(b)
						The hospital in which a defendant may be confined for examination pursuant to
						subdivisions (2) or (3) of section 730.20  of the Criminal Procedure Law
						shall be a hospital operated by local to examine a defendant to determine if he
						is an incapacitated person. If there be no such local governmental hospital
						serving the county where the criminal proceeding is pending, the defendant may
						be confined in a general hospital having a phychiatric unit approved by the
						Commissioner of Mental Hygiene or in a State hospital operated by the
						Department of Mental Hygiene approved for such purpose if the person in charge
						thereof shall have given his consent to the confinement of such defendant
						therein.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 12 › RULES GOVERNING PROCEDURE UNDER ARTICLE 730 OF THE CRIMINAL PROCEDURE LAW ADOPTED BY THE JUDICIAL CONFERENCE[FN*] › Article 1 › Part 100 - Procedure Under Article 730 Of The Criminal Procedure Law › Section 100.3 - Examination report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						examination of the defendant by the psychiatric examiners may be conducted
						separately or jointly but each examiner shall execute a separate report. Such
						report shall be made in the form jointly adopted by the Judicial Conference and
						the Commissioner of Mental Hygiene.
(b) The director of community mental health
						services charged with causing the examination to be made shall furnish six
						copies of the examination report to the court for filing and necessary
						distribution. The court shall require that copies be furnished to counsel for
						the defendant and to the district attorney.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 12 › RULES GOVERNING PROCEDURE UNDER ARTICLE 730 OF THE CRIMINAL PROCEDURE LAW ADOPTED BY THE JUDICIAL CONFERENCE[FN*] › Article 1 › Part 100 - Procedure Under Article 730 Of The Criminal Procedure Law › Section 100.4 - Commitment to the custody of the commissioner of mental hygiene

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
						court is satisfied that the defendant is an incapacitated person or a dangerous
						incapacitated person, as the case may be, and the defendant is not in custody,
						the court shall cause the defendant to appear before it at the time of issuing
						a final order of observation, temporary order of observation or order of
						commitment, or other appropriate order, as the case may be.
(b) The court shall forward to the
						Commissioner of Mental Hygiene the order committing the defendant to his
						custody together with a copy of the examination reports, a copy of the
						accusatory instrument and, if available, a copy of the pre-sentence report.
						Upon receipt thereof, the Commissioner of Mental Hygiene shall designate the
						institution in which the defendant is to be placed and give notice of such
						designation to the sheriff or local correction department, as the case may be,
						who shall deliver the defendant, if in custody, to the person in charge of the
						designated institution, except that, in the case of final orders of
						observation, the Department of Mental Hygiene may provide the transportation to
						the designated institution.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 12 › RULES GOVERNING PROCEDURE UNDER ARTICLE 730 OF THE CRIMINAL PROCEDURE LAW ADOPTED BY THE JUDICIAL CONFERENCE[FN*] › Article 1 › Part 100 - Procedure Under Article 730 Of The Criminal Procedure Law › Section 100.5 - Order of retention for defendant held under orders of commitment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						application for an order of retention of a defendant held pursuant to an order
						of commitment or order of retention shall be made within 60 days prior to the
						expiration of the order pursuant to which the defendant is being held. It shall
						be prepared by the director of the institution where the defendant is confined
						and shall have annexed to it a summary of the defendant's history and condition
						supporting the application, a copy of the indictment and a copy of each prior
						order of commitment or retention. Such director shall serve notice of the
						application on the defendant, on the defendant's attorney if known to the
						director, on the district attorney of the county where the criminal proceeding
						is pending, and on the mental health information service. Such director shall
						then promptly file the application with the court which issued the initial
						order of commitment of the defendant.
(b) The application shall not be brought on
						for determination by the court prior to 10 days from the date upon which notice
						of the application was served upon the defendant. A request by the defendant or
						anyone on his behalf for a hearing shall be forwarded to the court, with a copy
						to the district attorney and the mental health information service. The clerk
						of the court shall notify the defendant, the defendant's attorney if any, the
						district attorney, the director of the institution where the defendant is
						confined, and the mental health information service of the time and place of
						the hearing.
(c) Upon issuance of
						an order of retention, the court shall forward copies thereof to the district
						attorney, to the director of the institution where the defendant is confined,
						to the Commissioner of Mental Hygiene and to the mental health information
						service. The director of the institution where the defendant is confined shall
						serve a copy of such order personally upon the defendant.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 12 › RULES GOVERNING PROCEDURE UNDER ARTICLE 730 OF THE CRIMINAL PROCEDURE LAW ADOPTED BY THE JUDICIAL CONFERENCE[FN*] › Article 1 › Part 100 - Procedure Under Article 730 Of The Criminal Procedure Law › Section 100.6 - Order of adjudication of dangerousness

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						director of an institution in which a defendant is confined pursuant to an
						order of commitment or an order of retention may apply for a court order
						adjudicating the defendant a dangerous incapacitated person. The application
						shall be prepared by such director and shall have annexed to it a summary of
						the defendant's history and condition supporting the application, a copy of the
						indictment and a copy of each prior order of commitment or retention. Such
						director shall serve notice of the application on the defendant, on the
						defendant's attorney if known, to the director, on the district attorney of the
						county where the criminal proceeding is pending and on the mental health
						information service. Such director shall then promptly file such application
						with the court which issued the initial order of commitment of the
						defendant.
(b) The application
						shall not be brought on for determination by the court prior to 10 days from
						the date upon which notice of the application was served upon the defendant. A
						request by the defendant or anyone on his behalf for a hearing shall be
						forwarded to the court, with a copy to the district attorney and the mental
						health information service. The clerk of the court shall notify the defendant,
						the defendant's attorney if any, the district attorney, the director of the
						institution where the defendant is confined and the mental health information
						service of the time and place of the hearing.
(c) Upon issuance of an order of adjudication
						of dangerousness, the court shall forward copies thereof to the district
						attorney, to the director of the institution where the defendant is confined,
						to the Commissioner of Mental Hygiene and to the mental health information
						service. The person in charge of the institution where the defendant is
						confined shall serve a copy of such order personally upon the
						defendant.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 12 › RULES GOVERNING PROCEDURE UNDER ARTICLE 730 OF THE CRIMINAL PROCEDURE LAW ADOPTED BY THE JUDICIAL CONFERENCE[FN*] › Article 1 › Part 100 - Procedure Under Article 730 Of The Criminal Procedure Law › Section 100.7 - Certificate of custody

Current through Register Vol. 46, No. 28, July 10, 2024
When defendant is in the custody of the Commissioner
						  of Mental Hygiene at the expiration of the period prescribed in a temporary
						  order of observation or at the expiration of the authorized period prescribed
						  in the last order of retention, the director of the institution where the
						  defendant is confined may act as the agent of the Commissioner of Mental
						  Hygiene in certifying to the court that the defendant was in the custody of the
						  Commissioner of Mental Hygiene on such expiration date.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 12 › RULES GOVERNING PROCEDURE UNDER ARTICLE 730 OF THE CRIMINAL PROCEDURE LAW ADOPTED BY THE JUDICIAL CONFERENCE[FN*] › Article 1 › Part 100 - Procedure Under Article 730 Of The Criminal Procedure Law › Section 100.8 - Official forms

Current through Register Vol. 46, No. 28, July 10, 2024
The forms appended hereto [see appendix A-7, infra] and
						  listed in the index preceding them, shall be the official forms for use in
						  implementation of said article 730 of the Criminal Procedure Law and were
						  adopted by the Commissioner of Mental Hygiene and the Judicial conference
						  jointly, or by each of them individually, as indicated by the index. Variations
						  in these forms will be permitted if approved by the agency or agencies
						  indicated as having adopted them.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 12 › FORMS FOR ARTICLE 730 CRIMINAL PROCEDURE LAW › Form A - Jointly adopted forms

Current through Register Vol. 46, No. 28, July 10, 2024
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It is my opinion that the above-named defendant is an
					 incapacitated person in that the said defendant as a result of mental disease
					 or defect lacks capacity to understand the proceeding against him or to assist
					 in his own defense. My opinion is based on the following:
1. History and Clinical Summary, including
				  Mental Status. (Attach additional sheets, if necessary):
2. Diagnosis:
3. Prognosis:
4. Reasons for my opinion, specifying those
				  aspects of the proceedings wherein the defendant lacks capacity to understand
				  or to assist in his own defense: (Attach additional sheets, if necessary):
(NOTE TO EXAMINER: If the order of examination has been
					 issued by the Supreme Court or the County Court you must also complete the
					 following, setting forth your opinion as to whether the defendant is, or is
					 not, a dangerous incapacitated person.)
It is my further opinion that the above-named defendant
					 (is) (is not) a dangerous incapacitated person, that is, an incapacitated
					 person who is so mentally ill or mentally defective that his presence in an
					 institution operated by the Department of Mental Hygiene is dangerous to the
					 safety of other patients therein, the staff of the institution or the
					 community. The following is a detailed statement of the reasons for finding the
					 defendant to be a dangerous incapacitated person. (NOTE: No statement is
					 necessary if defendant is not so found).
SIGNATURE:____________,
					 DATED:____________,19________
(Print name)
(Qualified Psychiatrist) (Certified
Psychologist)
(STRIKE OUT ONE)
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CERTIFICATE OF SERVICE
A copy of this application was personally served upon the
					 said defendant on the ________ day of ________, 19 ________, with a notice of
					 his right to request a hearing and copies thereof have been served by mail upon
					 the Mental Health Information Service, the District Attorney of ________ county
					 and ________.
____________
Dated ________
____________
Signature of Hospital Director
____________
Printed Name
____________
Hospital
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New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 14

Current through Register Vol. 46, No. 28, July 10, 2024
CERTIFICATION OF SELF-PRESERVATION TEST MATERIAL
This packet includes tests for capability of self-preservation.
				A person must pass either the Standard or Modified Certification Test in order
				to live in a community residence for the purpose of receiving residential core.
				The person's answers to the questions must be recorded on the test form with A
				PIECE OF CARBON PAPER INSERTED BETWEEN THE ORIGINAL AND SECOND COPIES. The
				forms must be filled out by a qualified professional.
Both the Standard and the Modified Tests may be administered in
				one of two ways:
1) Questions 1-2 may
			 be administered at the referral site as a means of pre- screening the
			 applicant. If both questions are answered satisfactorily, the second part of
			 the test (Question #3) must then be administered at the proposed community
			 residence site. The community residence shall complete the instrument and shall
			 return the carbon copy of the completed instrument to the referring agency,
			 facility or program.
2) Where there
			 has been no referral, the entire test may be administered at the proposed
			 community residence. If the applicant is certified as capable of
			 self-preservation, the community residence shall send the carbon copy of the
			 certification instrument to the department regional office within seven days
			 after the person becomes a resident. Any such copy shall include the first
			 name, last initial and date of birth of the person so certified but shall not
			 include any other identifying information. If a person fails the Standard Test
			 he/she may be given the Modified Test immediately or may be trained and
			 re-tested with the Standard Test, provided that there be a 24 hour interval
			 between the last training and the testing day. If the individual fails the
			 Modified Test, he/she may be trained and re-tested, provided that there is a 24
			 hour interval between the last training and the testing day.
GENERAL AND LIMITED CERTIFICATION
Persons tested according to the Standard or Modified Test may
				be given General or Limited Certification.
General Certification means that a person is capable of
				self-preservation from all locations within the community residence.
Limited Certification means that a person is capable of
				self-preservation only from a certain location(s) within the community
				residence. For example, a person with a physical handicap light be capable of
				leaving the residence within two and half minutes from the ground floor only -
				in this case, she/he would receive limited certification with the limitations
				placed on his living situation specified on the instrument.
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New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 102-A

Current through Register Vol. 46, No. 28, July 10, 2024
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STATEMENT OF COMPLIANCE:
It is understood that the information given herein or attached
				to this application is correct.
It is also agreed that the applicant will, upon request, submit
				to the New York State Narcotic Addiction Control Commission such other data as
				may be needed by the Commission for the purpose of accreditation.
It is also agreed that the applicant will submit the necessary
				reports as required by the Commission including monthly reports of the
				addict(s) being treated, including information as to when an addict has been
				dropped (discharged), disappeared, left or completed the course of
				treatment.
It is understood that all persons entrusted with the care,
				treatment, custody and rehabilitation of addicts shall be of good moral
				character.
It is also understood that the applicant will demonstrate his
				compliance with Rules and Regulations promulgated by the Commission and
				applicable federal, State and local regulations and laws.
It is also understood that accreditation for purposes of
				Section 206 shall not be construed as a specific recommendation of the
				applicant's treatment program by the Commission.
Signed ____________
Title ____________
Date ____________
CERTIFICATION
This is to certify that the New York State Narcotic Addiction
				Control Commission has approved/dismissed/denied the foregoing application for
				accreditation.
Date
Chairman
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 102-B

Current through Register Vol. 46, No. 28, July 10, 2024
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STATEMENT OF COMPLIANCE:
It is understood that the information given herein or attached
				to this application is correct.
It is also agreed that the applicant will, upon request, submit
				to the New York State Narcotic Addiction Control Commission such other data as
				may be needed by the Commission for the purpose of accreditation.
It is also agreed that the applicant will submit the necessary
				reports as required by the Commission including monthly reports of the
				addict(s) being treated, including information as to when an addict has been
				dropped (discharged), disappeared, left or completed the course of
				treatment.
It is understood that all persons entrusted with the care,
				treatment, custody and rehabilitation of addicts shall be of good moral
				character.
It is also understood that the applicant will demonstrate his
				compliance with Rules and Regulations promulgated by the Commission and
				applicable federal, State and local regulations and laws.
It is also understood that accreditation for purposes of
				Section 206 shall not be construed as a specific recommendation of the
				applicant's treatment program by the Commission.
Signed ____________
Title ____________
Date ____________
CERTIFICATION
This is to certify that the New York State Narcotic Addiction
				Control Commission has approved/dismissed/denied the foregoing application for
				accreditation.
Date
Chairman
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 102-C

Current through Register Vol. 46, No. 28, July 10, 2024
Image
STATEMENT OF COMPLIANCE:
It is understood that the information given herein or attached
				to this application is correct.
It is also agreed that the applicant will, upon request,
				submit, to the New York State Narcotic Addiction Control Commission such other
				data as may be needed by the Commission for the purpose of
				accreditation.
It is also agreed that the applicant will submit the necessary
				reports as required by the Commission including monthly reports of the
				addict(s) being treated, including information as to when an addict has been
				dropped (discharged), disappeared, left or completed the course of
				treatment.
It is understood that all persons entrusted with the care,
				treatment, custody and rehabilitation of addicts shall be of good moral
				character.
It is also understood that the applicant will demonstrate his
				compliance with Rules and Regulations promulgated by the Commission and
				applicable federal, State and local regulations and laws.
It is also understood that accreditation for purposes of
				Section 206 shall not be construed as a specific recommendation of the
				applicant's treatment program by the Commission.
Signed ____________
Title ____________
Date ____________
CERTIFICATION
This is to certify that the New York State Narcotic Addiction
				Control Commission has approved/dismissed/denied the foregoing application for
				accreditation.
Date
Chairman