reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 304 - Designation Of Emergency Care Services For Intoxicated Persons And Persons Incapacitated By Alcohol › Section 304.4 - Notification of family and others

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Notification with consent. Staff of an emergency care service may notify family
				members or other individuals of a person's presence at the service if the
				person gives written consent to such notification in accordance with
				subdivision (b) of this section.
(b) Notification consent form. Consent for
				notification of family or significant others of a person's receipt, attempted
				receipt or refusal to receive emergency care shall be in writing and shall
				contain the following:
(1) the name of the
				service that is to make the notification;
(2) the name of the person or persons to whom
				the notification is made;
(3) the
				name of the client or patient receiving the service;
(4) the purpose or need for the
				notification;
(5) the nature of
				extent of information to be disclosed;
(6) a statement that the consent may be
				revoked by the patient/client at any time except to the extent that action has
				been taken thereon and a specification of the date, event or condition upon
				which it will expire without express revocation;
(7) the date on which the form is signed;
				and
(8) the signature of the client
				or patient.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 305 - Preventive Counseling Services For Children Of Alcoholics Or Alcohol Abusers › Section 305.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
Living in a home with an alcoholic or alcohol abusing person,
				  whether parent, sibling, grandparent, guardian or other person, can be
				  difficult for a child, and the combined problems in the household relationships
				  and environment may have adverse effects on such a child not only in childhood,
				  but in adulthood as well. Research and clinical evidence have shown that
				  children in alcoholic households are at higer risk in developing alcoholism or
				  other alcohol related problems themselves than are their peers who grow up in
				  homes where alcoholism or alcohol abuse is not present. Regrettably, such
				  children are often reluctant to seek help from available resources such as
				  school guidance counselors, clergymen or even from relatives and are often
				  unaware of or unfamiliar with other available community resources. It is
				  essential for the welfare of such children that competent, sympathetic and
				  caring help provided by qualified professionals in the form of preventive
				  alcoholism counseling services be available to them throughout the
				  State.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 305 - Preventive Counseling Services For Children Of Alcoholics Or Alcohol Abusers › Section 305.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
The powers and duties of the Division of Alcoholism and
				  Alcohol Abuse, as set forth in section 19.07, subdivision (a) of the Mental
				  Hygiene Law, include the implementation of a program of services adapted to the
				  needs and interests of young people as well as the promotion of programs for
				  the prevention of alcoholism and alcohol abuse.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 305 - Preventive Counseling Services For Children Of Alcoholics Or Alcohol Abusers › Section 305.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the terms listed in this section shall
				  have the following meanings:
(a)
				Preventive alcoholism counseling. Individual and group counseling and didactic
				education regarding alcohol and its effects, assistance in the provision by
				other staff of activities, experience and therapies, general guidance, support
				and service coordination which is provided to a person at special risk in order
				to prevent alcoholism, alcohol abuse and related problems.
(b) Child. Any person under 18 years of age
				who is not married and is not a parent.
(c) Parent. A natural of adoptive parent; a
				legal guardian.
(d) Qualified
				professional. A physician, nurse, credentialed alcoholism counselor, certified
				social worker, or a licensed psychologist, as defined in section 330.3(j) of
				this Chapter.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 305 - Preventive Counseling Services For Children Of Alcoholics Or Alcohol Abusers › Section 305.4 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to any facility in New York State, which
				  has been certified by the division or an out patient facility certified by the
				  Office of Mental Health which has on its staff one or more persons who
				  specialize in the treatment of alcoholism and other alcohol related problems.
				  When any such facility provides preventive alcoholism counseling services to a
				  child whose parent is an alcoholic or alcohol abuser or who is living in a home
				  with an alcoholic abusing person, such services shall be provided in accordance
				  with the provisions of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 305 - Preventive Counseling Services For Children Of Alcoholics Or Alcohol Abusers › Section 305.5 - Facility requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Any facility which provides preventive alcoholism counseling
				  services to a child shall at least:
(a) develop an initial assessment and
				evaluation to determine the extent of the preventive alcoholism counseling
				services needed;
(b) prepare a
				written service plan for the provision of preventive alcoholism counseling
				services based on individual assessments and evaluations;
(c) provide preventive alcoholism counseling
				services in accordance with the plan;
(d) maintain a written record of the services
				provided which shall include periodic notes relating to the child's progress;
				and
(e) write a closing summary of
				the preventive alcoholism counseling services provided when it has been
				determined that such services are no longer needed or when the child is no
				longer receiving such services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 305 - Preventive Counseling Services For Children Of Alcoholics Or Alcohol Abusers › Section 305.6 - Provision of preventive alcoholism counseling services to a child with parental consent

Current through Register Vol. 46, No. 28, July 10, 2024
Wherever possible and feasible, parental consent shall be
				  sought prior to the provision of preventive alcoholism counseling services to a
				  child. Such consent shall be requested only with the permission of the child.
				  If such permission is granted and parental consent obtained, efforts should be
				  made to elicit parental participation in the preventive alcoholism counseling
				  services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 305 - Preventive Counseling Services For Children Of Alcoholics Or Alcohol Abusers › Section 305.7 - Provision of preventive alcoholism counseling services to a child without parental consent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a child
				refuses permission to contact parents to seek parental consent or if, in the
				opinion of a qualified professional, such contact would not be helpful and
				would be deleterious to the child, preventive alcoholism counseling services
				may be provided to the child without parental consent. However, during the
				course of the counseling, the qualified professional shall make attempts to
				obtain permission from the child to obtain parental consent for and parental
				involvement in the preventive alcoholism counseling services. The written
				record of the preventive alcoholism counseling services provided shall include
				a statement or statements relating to the reasons for the provision of
				preventive alcoholism counseling services without parental consent and of the
				attempts made to obtain such consent.
(b) Before a facility may provide preventive
				counseling services to a child without parental consent, the facility must
				obtain the written consent of the child to his or her evaluation and the
				receipt of preventive counseling services. Before requesting that the child
				sign such a consent, the child must be:
(1)
				advised of the purpose and nature of such preventive alcoholism
				counseling;
(2) told that he or she
				may withdraw the signed consent and cease participating in the preventive
				alcoholism counseling services at any time;
(3) told that the facility will make attempts
				to convince the child of the need for involvement of other household members in
				preventive alcoholism counseling services and the facility's preference for
				parental consent for the rendering of preventive alcoholism counseling
				services; and
(4) advised that a
				written record of his or her preventive alcoholism counseling services will be
				made and maintained by the facility.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 305 - Preventive Counseling Services For Children Of Alcoholics Or Alcohol Abusers › Section 305.8 - Fees for services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fees for
				preventive alcoholism counseling services provided to a child with parental
				consent may be billed to the parents.
(b) Fees for preventive alcoholism counseling
				services provided to a child without parental consent shall not be billed to
				the parents but may be billed to the child. Such fees shall be based on the
				child's ability to pay.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 305 - Preventive Counseling Services For Children Of Alcoholics Or Alcohol Abusers › Section 305.9 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In all cases
				where preventive alcoholism counseling services are provided to children, extra
				precautions shall be taken to protect confidentiality. Appropriate release of
				information forms shall be signed by a child for each disclosure made to
				another person or agency. Such release must have an expiration date no longer
				than 90 days after its execution and must comply with federal regulations
				concerning confidentiality of alcohol patient records (42 CFR part
				2).
(b) If preventive counseling
				services are provided to a child without parental consent, only the child's
				written consent is necessary to disclose information, and the written consent
				of the parent may not be sought.
(c) If preventive counseling services are
				provided to a child with parental consent, the written consent of both the
				child and the parent must be acquired in order to disclose information. The
				child's consent must be sought first, and, if the child refuses to consent,
				parental consent shall not be sought.
(d) If HIV-related information is obtained
				during the course of providing preventive counseling services, such information
				shall be maintained and released only pursuant to the Federal confidentiality
				regulations, when applicable, and Part 309 of this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 309 - Responsibilities Of Facilities For Alcoholism In Regard To Aids, Hiv Illness And Hiv-related Information (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Mental Hygiene Law, §§19.07,
				  31.04; Public Health Law, §
				  2786[2][a]
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 321 - Financial Assistance For Capital Acquisition And Construction (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Mental Hygiene Law, §§ 19.05,
				  19.07, 19.09; Facilities Development Corporation Act, §
				  5
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The alcohol
				awareness program for Youth is an alternative sentence that may be imposed upon
				youth under 21 years of age found guilty of violating section 65-b (fraudulent
				use of identification to purchase alcohol) or 65-c (underage possession of
				alcohol) of the Alcoholic Beverage Control Law. Furthermore, this program can
				be used as an alternative condition of dismissal for a youth under 21 years of
				age who has been charged with a misdemeanor other than section 1192  of the Vehicle and Traffic Law
				(driving while intoxicated or with ability impaired), where the record
				indicates that the consumption of alcohol may have been a contributing factor
				in the commission of the offense.
(b) The alcohol awareness program for youth
				is a valuable sentencing alternative for youths who may be at high risk of
				developing serious problems with alcohol and who have gotten into trouble with
				the law because of alcohol. By providing such youth with information vital to
				their well-being while also requiring investment of enough of their time to
				serve as a deterrent to alcohol and other drug use, the alcohol awareness
				program for youth is an important weapon in the fight against youthful alcohol
				abuse.
(c) The purpose of this Part
				is to set forth the application process, evaluation criteria, and
				administration procedures for establishing and conducting the alcohol awareness
				program for youth.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
Paragraph 6-a of section 19.07  of the Mental Hygiene Law authorizes
				  the division to establish the alcohol awareness program for youth as a
				  condition for persons who violate sections 65-b or
				  65-c  of the Alcoholic Beverage Control Law,
				  or as an alternative condition of adjournment in contemplation of dismissal for
				  certain defendants pursuant to subdivision 7 of section 170.55  of the Criminal Procedure
				  Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
				apply to any not-for-profit corporation, local government, school district, or
				department or part thereof which meets the requirements for providing an
				alcohol awareness program for youth under this Part, and which wishes to become
				a certified provider of such programs.
(b) A provider shall not operate a program
				called an alcoholism awareness program for youth nor shall it promote such a
				program to the courts as a program established pursuant to chapter 683 of the
				Laws of 1990 unless such provider has been approved and certified by the
				division.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise defined in this Part, the definitions in the
				  Mental Hygiene Law and those contained in other parts of this Title shall
				  apply. If there is a conflict between definitions contained in this Part with
				  those in other regulations, the word or phrase defined in this Part shall
				  control.
(a) Alcohol awareness program
				means a program approved by the division which meets the learning objectives
				established by the division to provide a positive educational experience to
				youth who have gotten into trouble with the law as a result of
				alcohol.
(b) Applicant means an
				entity which applies to the division to become a certified provider of an
				alcohol awareness program for youth.
(c) Certified provider means an entity which
				has applied for and has received the approval of the division to establish and
				provide an alcohol awareness program for youth.
(d) Director means the Director of the
				Division of Alcoholism and Alcohol Abuse.
(e) Division means the Division of Alcoholism
				and Alcohol Abuse.
(f) Prevention
				education program for youth means a series of activities designed to assist a
				youth to recognize and eliminate his or her use of alcohol and/or other mind
				altering substances.
(g) Program
				means the alcohol awareness program for youth.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.5 - Provider and program eligibility requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In order to be approved as a certified provider of an alcohol
				  awareness program for youth, an applicant must satisfy the following provider
				  and program eligibility requirements:
(a) Provider eligibility. In order to apply
				for approval as a certified provider, an applicant must:
(1) be a not-for-profit corporation, a local
				government, a school district, or a department or part thereof;
(2) have at least three years of experience
				in delivering alcohol related prevention education programs for youth, as
				defined in section
				343.4(f) 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.6 - Application process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Forms.
				Application for approval as a certified provider of an alcohol awareness
				program for youth shall be on forms provided by the division.
(b) Notice of requirements. Applications must
				conform to the procedure and specifications set forth in the notice of
				requirements provided by the Division.
(c) Signed by applicant. Each application
				form shall be signed by the applicant.
(d) Requisite information. Applications shall
				include, but shall not be limited to, the following:
(1) background of the applicant, including a
				brief description of the applicant itself and its experience in providing
				alcohol-related prevention education for youth services;
(2) description of the target population and
				geographical area to be served;
(3)
				a letter of endorsement of both the program and the program provider from the
				local community services board;
(4)
				proof and descriptions of arrangements with local magistrates and/or
				judges;
(5) a statement specifying
				the age group to be served by theapplicant in accordance with section
				343.5 
				of this Part;
(6) a statement
				outlining the qualifications of each program instructor;
(7) a description of the physical facilities
				where the program will be offered;
(8) a schedule of the days and hours of
				proposed program offerings;
(9) a
				description of the proposed program which indicates how it addresses requisite
				learning objectives as determined by the director in each of the following
				categories:
(i) laws and the criminal justice
				system;
(ii) characteristics of
				alcohol;
(iii) understanding
				alcoholism/addiction;
(iv) family
				dynamics and issues regarding children of alcoholics;
(v) societal issues;
(vi) youth issues;
(vii) choices and alternatives;
(viii) self assessment; and
(ix) community resources;
(10) a budget statement which
				describes costs and revenues for an eight week program, including proposed fees
				and a provision for fee reductions that may be mandated by the courts;
				and
(11) such other information as
				the division designates.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.7 - Evaluation process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Review of
				applications. The division shall review applications in accordance with the
				evaluation criteria specified in section
				343.8  of this
				Part.
(b) Approval. Approval of an
				application may be conditioned upon the applicant's compliance with specified
				requirements within a particular time period as communicated in a notification
				letter from the director.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.8 - Evaluation criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The following are relevant to the division when determining
				  whether or not to approve an applicant as a certified provider of an alcohol
				  awareness program for youth:
(a)
				Eligibility qualifications. The division shall consider whether the applicant
				meets eligibility qualifications in accordance with section
				343.5 
				of this Part;
(b) Required
				endorsements. The division shall consider:
(1)
				the endorsement of both the program and the program provider by the local
				community service board; and
(2)
				the endorsement of the program by the local judge(s) or
				magistrate(s).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.9 - Notification of determination and required affirmation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notified in writing. If the director
				determines that the requirements of sections
				343.5,
				343.6,
				343.7 and
				343.8  of this
				Part have been satisfied, the applicant will be notified in writing that it has
				been conditionally approved as a certified provider of an alcohol awareness
				program for youth, pending receipt of a properly signed affirmation statement
				in accordance with subdivision (b) of this section.
(b) Required affirmation. Such notice shall
				include a statement of affirmation that must be signed by the applicant and
				returned to the division.
(1) The affirmation
				shall state that in addition to the requirements of this Part, the program
				provider agrees to the following:
(i) to
				submit resumes of all new instructors to the division at least two weeks before
				such instructors commence instruction;
(ii) to administer evaluations on forms
				provided by the division to program participants for completion, and to mail
				all completed evaluations to the division within seven days of such
				completion;
(iii) to grant the
				division access to the program so that classes can be monitored at any
				time;
(iv) to furnish the division
				with a schedule of all classes, indicating the locations, times, and dates of
				such classes;
(v) to adhere to all
				standards set forth in this notice of requirements in accordance with section
				343.6(b) 
				of this Part; and
(vi) to make a
				good faith effort to ensure that learning objectives, as set forth in the
				notice of requirements in accordance with section
				343.6(b) 
				of this Part, are achieved.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.10 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Required
				reports. Certified providers must prepare and provide the division with
				statistical, financial, pre and post test format and/or results, and evaluative
				reports at such times as requested and on forms provided by the
				division.
(b) Failure to report.
				Failure to submit such reports may result in termination of certification in
				accordance with section
				343.15 
				of this Part or denial of renewal of certification in accordance with section
				343.14 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.11 - Administrative fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Ten percent of
				fees required. All certified providers must remit to the division at the end of
				each eight week program 10 percent of all fees collected from program
				participants to help defray the cost to the division of administering the
				program.
(b) Failure to remit.
				Failure to remit such payments may result in termination of certification in
				accordance with section
				343.15 
				of this Part or denial of renewal of certification in accordance with section
				343.14 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.12 - On-site inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Right to
				inspect. The division shall have the right to conduct on-site inspections to
				evaluate the certified provider's performance in delivering the program in
				accordance with its application and this Part.
(b) Barring access. Refusal to provide the
				division with access for the purpose of such inspection may result in
				termination of certification in accordance with section
				343.15 
				of this Part of denial of renewal of certification in accordance with section
				343.14 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.13 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Confidential
				treatment of information required. The certified provider shall treat as
				confidential all information regarding a youth's participation in the program
				with the exception of information required by the courts and/or the
				division.
(b) Policies and
				procedures. The certified provider shall provide each participating youth with
				a written explanation of the types of information that will be provided to the
				referring court and the circumstances under which such information will be
				provided.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.14 - Certification registry and renewal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Registry. The division shall maintain a current registry of all certified
				providers of alcohol awareness programs for youth.
(b) Certification renewals. Certification
				renewal shall be required every two years and in accordance with the following
				procedure:
(1) At least 120 days prior to the
				expiration, the division shall notify the certified provider of such expiration
				date of such notice shall include an application for the certification
				renewal.
(2) At least 60 days prior
				to the expiration date of the certification, the completed certification
				renewal form shall be submitted as directed to the division.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.15 - Termination of certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Grounds.
(1) The division shall terminate
				certification prior to expiration upon discovery of any of the circumstances
				set forth in section
				343.14(e)(1)(i)
				through (v)  of this Part.
(2) The division may terminate certification
				prior to expiration upon discovery of any of the circumstances set forth in
				section
				343.14(f)(1)(i)
				through (viii)  of this Part or if any of the
				terms of the affirmation statement signed pursuant to section
				343.9 
				have been violated, in accordance with the following procedure:
(i) The division shall inform the certified
				provider in writing of the inappropriate activity or deficiency and shall
				notify such provider that it has been placed on probationary status and that it
				must immediately cease and desist all inappropriate activity or correct noted
				deficiencies, as applicable. Such notification shall also state that the
				certified provider must submit a plan of correction within 30 days of receipt
				of the notification and in accordance with division instructions.
(ii) After receipt of the required plan of
				correction, the division shall conduct a follow-up on-site inspection of such
				provider, or shall take other appropriate measures to determine plan
				compliance.
(iii) If the division
				determines that the plan of correction has been satisfactorily implemented, and
				deficiencies no longer exist, probationary status shall be lifted and full
				certification shall be restored.
(iv) If the plan of correction has not been
				satisfactorily implemented and/or if deficiencies persist, certification shall
				be terminated. The division shall send written notice of termination of
				certification to the provider by certified mail, return receipt requested. Such
				notice shall state that certification shall be invalid upon receipt of the
				notice.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter X - Alcoholism › Part 343 - Alcohol Awareness Education Program For Youth › Section 343.16 - Waiver

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When granted.
				The director may grant a waiver of a requirement not specifically required by
				law if the director determines that:
(1)
				meeting the requirement would impose an unreasonable hardship;
(2) the health and safety of youth who
				participate in an alcohol awareness program would not be diminished;
				and
(3) the best interests of the
				individuals who participate in an alcohol awareness program and the certified
				provider would be served.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 501 - Mental Health Services-general Provisions › Section 501.1 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.09  of the Mental Hygiene Law gives the
				commissioner of the Office of Mental Health the power and responsibility to
				adopt regulations that are necessary and proper to implement matters under his
				or her jurisdiction.
(b) Section 31.01  of the Mental Hygiene Law charges
				the commissioner of the Office of Mental Health with the responsibility to
				promulgate rules and regulations requiring the development of evaluation
				criteria and methods including, but not limited to: uniform definitions of
				services for persons with mental disabilities; uniform financial and clinical
				reporting procedures; requirements for the generation and maintenance of
				uniform data for all individuals receiving services from any provider of
				services; uniform criteria for evaluating categories of need; and uniform
				standards for all comparable services and programs.
(c) Section 31.04  of the Mental Hygiene Law grants the
				Commissioner of Mental Health the power and responsibility to adopt regulations
				to effectuate the provisions and purposes of article 31 of such law, including
				procedures for the issuance and amendment of operating certificates, and for
				setting standards of quality and adequacy of facilities.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 501 - Mental Health Services-general Provisions › Section 501.3 - Waiver

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Waiver.
(1) The commissioner
				shall have the authority to waive regulatory requirements within Chapter XIII
				of this Title, which are not otherwise required by State or Federal
				law.
(2) The commissioner may grant
				a waiver of a regulatory requirement requested pursuant to this section if
				he/she determines that:
(i) the rights,
				health and safety of clients would not be diminished;
(ii) the best interests of clients would be
				served;
(iii) the benefits of
				waiving the requirement outweigh the public interest in meeting the
				requirement; and
(iv) the purpose
				of the request is to implement/test innovative programs that may increase the
				efficiency or effectiveness of operations, to provide additional flexibility to
				better meet local service needs while maintaining program quality and
				integrity, or other purposes deemed appropriate by the commissioner.
(3) The granting of waivers will
				be at the sole discretion of the commissioner.
(4) A request for a waiver must be submitted
				in writing, must clearly cite the regulatory requirements at issue, must
				provide sufficient evidence of prior consultation with the appropriate local
				governmental unit or units, must contain substantial documentation to support
				the need for the waiver, including documentation which demonstrates that it is
				consistent with the provisions of paragraph (2) of this subdivision, and must
				include such other information as the commissioner may require.
(5) Special limits, conditions or
				restrictions may be established by the commissioner in granting a
				waiver.
(6) Waivers issued under
				this section shall be in effect for no longer than three years. In the case of
				a waiver granted to a provider of services for who an operating certificate has
				been issued pursuant to article 31 of the Mental Hygiene Law, such waiver shall
				be in effect no longer than the duration of the operating certificate held by
				the facility for which such waiver is granted. Waivers shall not be renewed
				unless the entity to whom the waiver has been issued submits a request for
				renewal to the commissioner, provides such other information as the
				commissioner may require, and documents to the satisfaction of the commissioner
				that there has been consultation with the appropriate local governmental unit
				or units and that such renewal is consistent with the provisions of paragraph 2
				of this subdivision.
(7) The office
				shall provide public notice of applications for waivers by posting such
				information on its internet site. The office shall review and consider any
				public comments which are received regarding the application for a waiver. The
				office shall supplement its internet posting with the commissioner's
				determination with respect to each application, when such determination is
				made.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 501 - Mental Health Services-general Provisions › Section 501.4 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
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 serverable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 501 - Mental Health Services-general Provisions › Section 501.5 - Obsolete or Outdated references

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Commission on Quality of Care and Advocacy for Persons with Disabilities:
				Effective June 30, 2013, all references to the Commission on Quality of Care
				and Advocacy for Persons with Disabilities that appear in this Title, as
				applicable to the Office of Mental Health and facilities under its
				jurisdiction, shall be deemed to be references to the Justice Center for the
				Protection of People with Special Needs, established pursuant to Chapter 501 of
				the Laws of 2012.
(b) Diagnostic
				manuals. All references in this Title, as applicable to the Office of Mental
				Health and facilities under its jurisdiction, to the
International
				Classification of Diseases Manual (ICD)
that refer to a specific
				edition shall be deemed to reference the most current version required to be
				used for coding by the centers for Medicare and Medicaid Services. All
				references in this Title, as applicable to the Office of Mental Health and
				facilities under its jurisdiction, to the
Diagnostic and Statistical
				Manual of Mental Disorders (DSM)
that refer to a specific edition
				shall be deemed to reference the most recent published edition of such
				manual.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 502 - Availability Of And Access To Materials Incorporated By Reference In Title 14 Nycrr Applicable To Services, Programs And Facilities Certified And/or Operated By The Office Of Mental Health › Section 502.1 - Background, intent and legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Mentally disabled individuals are
				provided care and treatment through a variety of multifaceted programs,
				services and facilities which are certified, operated and/or supervised by the
				New York State Office of Mental Health (OMH).
(b) Certain standards have been established
				by OMH which govern the certification, organization and administration of such
				programs, services and facilities.
(c) The Executive Law, section
				102, requires that any code, rule or
				regulation which incorporates by reference any Federal statute, code, rule or
				regulation previously published in the Code of Federal Regulations or Federal
				Register, or any previously published data, criteria, standards,
				specifications, techniques, illustrations or other information, shall set forth
				in the text thereof precise identification of such materials.
(d) These regulations are intended to provide
				the public with specific identification of materials incorporated by reference
				in regulations set forth in Title 14 NYCRR applicable to services, programs and
				facilities which are certified, operated and/or supervised by OMH.
(e) Section 7.09  of the Mental Hygiene Law grants the
				Commissioner of Mental Health the authority to adopt regulations that are
				necessary and proper to implement any matter under his or her
				jurisdiction.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 502 - Availability Of And Access To Materials Incorporated By Reference In Title 14 Nycrr Applicable To Services, Programs And Facilities Certified And/or Operated By The Office Of Mental Health › Section 502.2 - Publications incorporated by reference

Current through Register Vol. 46, No. 28, July 10, 2024
Publication
Title 14 NYCRR
							 reference
(a) Section 1122, title XI of the Social Security Act;
							  42 USCA 1820  a""1, 1982 edition, pages 141""161.
Published by and available from:
West Publishing Co. 50 West Kellogg Blvd. St. Paul, MN
							 55165
Section 51.7(g)
(b) Title XVIII of the Social Security Act;  42 USCA 1395, 1982  edition, pages 355""725.
Published by and available from:
West Publishing Co. 50 West Kellogg Blvd. St. Paul, MN
							 55165
Section
							 577.4(e);
578.4(e)
(c) Title XIX of the Social Security Act;  42 USCA 1396, 1982  edition, pages 726""931.
Published by and available from:
West Publishing Co. 50 West Kellogg Blvd. St. Paul, MN
							 55165
Sections
							 574.1(b);
574.4(c);
574.5(a)(2);
576.1(b);
576.4(b);
576.5(a)(2);
578.1(b);
579.1(c).
(d) Regulations promulgated or adopted by the United
							 States Department of Health and Human Services, Code of Federal Regulations,
							 42 CFR 401.101""489.57, pages 1""1025, revised as of October 1, 1983.
Published by: Office of the Federal Register, National
							 Archives and Records Service, General Services Administration. Available
							 from:
Superintendent of Documents U.S. Government Printing
							 Office Washington, DC 20402
Sections
							 574.1(b);
574.4(c);
574.5(a)(2);
576.1(b);
576.4(b);
576.5(a)(2);
577.4(e);
578.1(b);
578.4(e);
579.1(c).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 502 - Availability Of And Access To Materials Incorporated By Reference In Title 14 Nycrr Applicable To Services, Programs And Facilities Certified And/or Operated By The Office Of Mental Health › Section 502.3 - Availability and accessibility of materials

Current through Register Vol. 46, No. 28, July 10, 2024
Materials cited in this Part are available for inspection and
				  copying at the following locations at the Office of Mental Health:
(a) New York State Office of Mental Health,
				Records Access Office, Counsel's Office, 44 Holland Avenue, Albany, NY 12229,
				telephone (518) 474-1331; Monday through Friday, 9 a.m.-5 p.m.
(b) New York State Office of Mental Health,
				Library, Counsel's Office, 44 Holland Avenue, Albany, NY 12229, telephone (518)
				474-1331; Monday, 9 a.m.-3:30 p.m.; Tuesday through Friday, 9:30-11:30
				a.m.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 503 - Adjudicatory Proceedings › Section 503.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth uniform procedures
				  for the conduct of adjudicatory proceedings, as defined in section 102 of the
				  State Administrative Procedure Act, within the Office of Mental Health. Such
				  procedures are intended to assure that all adjudicatory proceedings are
				  impartial, efficient, timely, expert and fair.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 503 - Adjudicatory Proceedings › Section 503.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
				apply to the following adjudicatory proceedings brought by or before the Office
				of Mental Health pursuant to the Mental Hygiene Law and/or regulations issued
				pursuant thereto:
(1) hearings, afforded an
				applicant, on the disapproval of an application for construction of a facility
				pursuant to Mental Hygiene Law, section
				31.23 and Parts 53 and 551 of this
				Title;
(2) hearings on the denial
				of application for or limitation of initial operating certificate pursuant to
				Mental Hygiene Law, section
				31.05;
(3) hearings on the suspension, revocation or
				limitation of an operating certificate, or the imposition of fines pursuant to
				Mental Hygiene Law, section
				31.16;
(4) hearings on the emergency suspension or
				limitation of an operating certificate pursuant to Mental Hygiene Law, section
				31.16;
(5) hearings on the issuance of a cease and
				desist order pursuant to Mental Hygiene Law, section
				31.19;
(6) hearings, afforded an applicant, on the
				disapproval of an application for certificate of incorporation pursuant to
				Mental Hygiene Law, section
				31.22 and Part 551 of this
				Title;
(7) hearings held pursuant
				to any law or regulation giving a facility licensed by the Office of Mental
				Health the right to request a hearing to appeal a determination by the
				commissioner regarding the facility's request for revision of a certified rate
				of payment; and
(8) hearings held
				pursuant to any law or regulation giving a facility licensed by the Office of
				Mental Health the right to request a hearing to appeal an agency audit finding
				which results in a proposed revision of a certified rate of payment.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 503 - Adjudicatory Proceedings › Section 503.4 - General hearing procedures

Current through Register Vol. 46, No. 28, July 10, 2024
This section applies to the conduct of hearings described in
				  section
				  503.3  of
				  this Part unless a conflict exists between the provisions of this section and
				  those of sections
				  503.5 
				  -503.9 of this Part, in which case the provisions of those sections shall be
				  controlling.
(a) Notice of intent.
(1) The commissioner or his or her designee
				shall issue a notice of the Office of Mental Health's decision to take action,
				which shall include:
(i) notice of the
				proposed action and a general description of the reasons therefor;
				and
(ii) notice of the right to be
				heard and the opportunity to request a hearing on the matter.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 503 - Adjudicatory Proceedings › Section 503.5 - Hearing procedures: suspension, revocation or limitation of an operating certificate, or imposition of fines

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This section shall apply to hearings held
				pursuant to Mental Hygiene Law, section
				31.16(a). Where a
				conflict exists between this section and any other section of this Part, the
				provisions of this section shall be controlling.
(b) Except as provided for in Mental Hygiene
				Law, section
				31.16(b), if the holder
				of an operating certificate makes a timely and sufficient request for a
				hearing, the execution of any proposed action to revoke, suspend, limit or fine
				shall be stayed pending the commissioner's determination.
(c) Where the proposed action is the
				revocation of an operating certificate, either party shall, upon demand and at
				least seven days prior to the hearing, disclose the evidence that the party
				intends to introduce at the hearing, including documentary evidence and
				identification of witnesses. If the party making the disclosure subsequently
				determines to rely upon other witnesses or information, the party shall
				supplement its initial disclosure as soon as practicable. This section shall
				not be deemed to require the disclosure of information or materials which are
				otherwise protected by law from disclosure, including information and material
				protected because of privilege or confidentiality. If, after such disclosure, a
				party determines to rely upon other witnesses or information, the party shall,
				as soon as practicable, supplement its disclosure by providing the names of
				such witnesses or the additional documents.
(d) The commissioner's final determination
				shall be based upon a preponderance of the evidence and shall contain
				conclusions concerning the alleged violations of the terms of the operating
				certificate or the alleged violation of any applicable statute, rule or
				regulation.