New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 815 - Patient Rights › Section 815.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (c) 
				of the Mental Hygiene Law ("MHL") charges the Commissioner with the
				responsibility of ensuring that the personal and civil rights of persons
				receiving care, treatment and rehabilitation are adequately
				protected.
(b) Section 19.07(e) of
				the MHL authorizes the Commissioner to adopt standards including necessary
				rules and regulations pertaining to addiction services.
(c) Section 19.09(b) of the MHL authorizes
				the Commissioner to adopt regulations necessary and proper to implement any
				matter under their jurisdiction.
(d) Section 19.20 of the MHL authorizes the
				Office to receive and review criminal history information from the Justice
				Center related to employees or volunteers of treatment facilities certified,
				licensed, funded or operated by the Office.
(e) Section 19.20-a of the MHL authorizes the
				Office to receive and review criminal history information from the Justice
				Center related to persons seeking to be credentialed by the Office or
				applicants for an operating certificate issued by the Office.
(f) Section 19.21(b) of the MHL authorizes
				the Commissioner to adopt regulations concerning the licensing, certification,
				inspection, and treatment standards of all facilities that provide addiction
				services.
(g) Section 22.03 of the
				MHL requires the director of any addiction services program to establish,
				communicate and post patient rights, to include information about how to
				communicate with the Office and the Commissioner.
(h) Section 22.07(c) of the MHL authorizes
				the Commissioner to adopt rules and regulations and take any other necessary
				action to ensure that the rights of individuals who have received or are
				receiving addiction services are protected.
(i) Section 32.01 of the MHL authorizes the
				Commissioner to adopt any regulation reasonably necessary to implement and
				effectively exercise the powers and perform the duties conferred by article 32
				of the MHL.
(j) Section 32.07(a) of
				the MHL authorizes the Commissioner to adopt regulations to effectuate the
				provisions and purposes of Article 32 of the MHL.
(k) Section 32.05 of the MHL indicates that
				no provider of services shall engage in the provision of addiction services
				without an operating certificate issued by the Commissioner.
(l) Section 492  of the Social Services Law
				established the Vulnerable Persons' Central Register.
(m) The Protection of People with Special
				Needs Act (chapter 501 of the Laws of 2012) established the Justice Center for
				the Protection of People with Special Needs.
(n) Section 32.06 of the MHL prohibits the
				offering or acceptance of a payment, benefit or consideration in any form, in
				exchange for the referral of any person as a potential patient for substance
				use disorder services.
(o) Article
				15 of the Executive Law enacts the Human Rights Law prohibiting discrimination
				against protected classes of New Yorkers including on the basis of sexual
				orientation and gender identity or expression.