reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 85 - Operation Of Outpatient Facilities For The Mentally Disabled › Section 85.9 - Records and statistics

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Case
				  records.
(1) There shall be an individual
				  record for each person admitted to the facility.
(2) Each case record shall include:
(i) Identifying information about the person
				  served and his family,
(ii) Source
				  of referral, date of commencing service and name of staff member carrying
				  overall responsibility for treatment and care,
(iii) Initial, intercurrent and final
				  diagnoses including psychiatric, mental retardation or medical diagnoses in
				  official terminology,
(iv) Reports
				  of all diagnostic examinations and evaluations including findings and
				  conclusions,
(v) Reports of all
				  special studies performed including X-rays, clinical laboratory tests, clinical
				  psychological testing, electro-encephalograms or psychometric tests,
(vi) The individual written plan of care,
				  treatment, and rehabilitation (85.6 [b] above),
(vii) Progress notes written and signed by
				  all staff members having significant participation in the program of treatment
				  and care.
(viii) Summaries of case
				  conferences and special consultations,
(ix) Dated and signed prescriptions or orders
				  for all medications with notation of termination dates,
(x) A closing summary of the course of
				  treatment and care, and
(xi)
				  Documentation of any referrals to another agency.
(3) The certificate holder shall develop
				  policies and procedures for recording information about persons not admitted
				  for service such as persons on waiting lists, family members of persons served
				  and persons whose applications for service are rejected by the
				  facility.
(4) Patient records shall
				  be safeguarded for confidentiality and be accessible only to authorized
				  persons.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter D - Operation Of Facilities › Part 85 - Operation Of Outpatient Facilities For The Mentally Disabled › Section 85.10 - Community relations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  facility shall integrate its services to other relevant community services in
				  order to provide comprehensive care.
(b) The facility shall assure through
				  agreements with other community resources the availability of necessary
				  services not provided at the facility. In determining necessity, the facility
				  shall take account of clinical laboratory services, special medical diagnostic
				  or treatment services, respite services, and foster homes or community
				  residences.
(c) The facility shall
				  participate appropriately in local, areawide, regional and State planning
				  related to programs for the mentally disabled.
(d) Significant changes in the facility
				  program shall take into account studies of needs and resources in the
				  geographic area served by the facility.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 100 - State Aid For Operating Costs › Section 100.1 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications
				from counties, part-counties and cities for State aid for operating costs must
				be received in quadruplicate in the appropriate regional office of the State
				Department of Mental Hygiene no later than the day prior to the first day for
				which State aid will be claimed under the provisions of article 11 of the
				Mental Hygiene Law.
(b) The
				application must be accompanied by:
(1) A
				budget summary which identifies each service and facility and shows the total
				sum budgeted for each.
(2) Detailed
				budgets of proposed expenditures as adopted for the local governmental
				unit.
(3) Copies of contracts for
				the rendition of services or the operation of facilities by private and/or
				voluntary agencies.
(4) Copies of
				agreements or resolutions of the governing body for the rendition of services
				or operation of facilities by agencies of the city or county other than the
				local governmental unit.
(5) Copies
				of the certificates of appointment and the names, terms of office and
				identification by position or occupation of the members of the community mental
				health, retardation, and alcoholism services boards.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 100 - State Aid For Operating Costs › Section 100.2 - Conditions and extent of reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Establishment of a community mental
				health, retardation, and alcoholism services board and appointment of its
				members must precede any application for State aid. Section
				11.11 of article 11 of the Mental
				Hygiene Law describes the composition of the board and its methods of
				appointment and terms of office of its members.
(b) No provider of services shall be eligible
				for reimbursement of operating costs unless it is in possession of a current
				valid operating certificate authorizing the operation of the programs, the
				costs of which are to be reimbursed.
(c) Costs incurred subject to reimbursement
				shall include:
(1) salaries and expenses of
				qualified and necessary personnel, including the director of community mental
				health services and other staff of the local governmental unit;
(2) approved facilities and services provided
				through contract or other arrangement;
(3) operation, maintenance, and service
				costs;
(4) actual and necessary
				expenses of members of the board incurred in the performance of official
				duties;
(5) such other expenditures
				as may be approved by the Commissioner of Mental Hygiene pursuant to the
				provisions of article 11.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 100 - State Aid For Operating Costs › Section 100.3 - Services and facilities for which state aid will be granted

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subject to the requirements set forth in
				article 11 of the Mental Hygiene Law and in this Part, reimbursement will be
				made for costs incurred for all services provided in accordance with an
				approved county plan.
(b)
				Reimbursement for inpatient care in a general hospital shall be limited to 30
				days in any spell of illness. A spell of illness is a period of consecutive
				days that begins with the first day (not included in a previous spell of
				illness) on which a patient is furnished inpatient psychiatric hospital
				services and ends with the close of a period of 60 consecutive days during
				which the patient was not an inpatient in a psychiatric hospital or psychiatric
				unit of a general hospital. The first day of the 60 consecutive day period
				begins on the day of discharge. The 30 days eligible for reimbursement need not
				be consecutive. The hospital utilization review committee may waive this
				limitation on reimbursement by the State for one additional period of up to 30
				days (total 60 days). An additional extension of reimbursement for a maximum
				period of up to 30 days may be made by the director of community mental health
				services, based on a recommendation of the hospital utilization review
				committee. (Total 90 days.) Subsequent 30-day extensions by the director of
				community mental health services based on utilization review committee reports
				may be made only with prior approval of the Commissioner of Mental Hygiene.
				Periods of partial hospitalization treatment, such as psychiatric day care and
				psychiatric night care, shall not be considered to be part of the inpatient
				stay.
(c) Reimbursement for
				inpatient care in a general hospital may include therapeutic leaves of not more
				than 48 hours in any week, but such leaves may not be in the nature of terminal
				leaves, nor may they extend into another week.
(d) Expenditures for inpatient care for
				persons eligible for assistance under the programs of medical assistance for
				the aged and old age assistance under the rules and regulations of the State
				Department of Social Services shall not be reimbursable under this
				program.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 100 - State Aid For Operating Costs › Section 100.4 - Exclusions from state aid

Current through Register Vol. 46, No. 28, July 10, 2024
The following are excluded from State aid:
(a) Costs incurred for which State
				reimbursement is claimed under any other provision of law.
(b) Expenditures for capital additions or
				improvements.
(c) Compensation to
				members of a community mental health, retardation and alcoholism services board
				(except actual and necessary expenses incurred in the performance of official
				duties).
(d) Expenditures for
				services furnished to patients who are financially able to pay for private
				care.
(e) Expenditures for mental
				health clinics or other services operated exclusively in conjunction with
				schools or limited to court referrals unless such services are under the
				general direction and supervision of the local governmental unit and are
				included in the budget of the said unit.
(f) All rentals for space utilized for local
				governmental unit purposes, if such rentals are payable to the same city or
				county as operates the local governmental unit.
(g) Costs incurred by a provider of services
				where the provider of services does not have a required operating certificate;
				or costs of service incurred if the provider of services has an operating
				certificate but the services are not authorized to be rendered pursuant to such
				certificate.
(h) Depreciation on
				any facility, the construction of which has been wholly or partially financed
				through State aid for capital costs.
(i) Debt service, whether principal or
				interest.
(j) Rentals paid to the
				Health and Mental Hygiene Facilities Improvement Corporation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 100 - State Aid For Operating Costs › Section 100.5 - Personnel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Personnel for
				whom reimbursement is claimed shall be qualified for their respective positions
				and shall possess at the time of appointment qualifications established for the
				position by the State Commissioner of Mental Hygiene or acceptable to
				him.
(b) For the purposes of
				reimbursement for consultant and educational services, qualified mental health
				personnel shall include psychiatrists, psychiatric social workers, clinical
				psychologists, mental health consultants, mental health educators and
				psychiatric nurses.
(c) Personnel
				of private and/or voluntary agencies with whom contracts are made for the
				rendition of services or the operation of facilities must meet standards
				established by or acceptable to the State Commissioner of Mental
				Hygiene.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 100 - State Aid For Operating Costs › Section 100.6 - Reports, review and evaluation of service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Local governmental unit and/or directors
				of community mental health services shall submit such reports as may be
				required by the State Commissioner of Mental Hygiene.
(b) The Commissioner of Mental Hygiene or any
				authorized representatives of the State Department of Mental Hygiene may visit,
				examine, inspect and investigate any service or facility for which State aid is
				claimed under article 11 of the Mental Hygiene Law to determine whether the
				services and facilities are being conducted in compliance with the provisions
				of the law and regulations relating thereto.
(c) The Commissioner of Mental Hygiene or his
				authorized representatives shall have the right to examine the financial
				accounts and related records of any local governmental unit or voluntary agency
				under contract.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 100 - State Aid For Operating Costs › Section 100.7 - Review of certain decisions of local governmental units

Current through Register Vol. 46, No. 28, July 10, 2024
Mental Hygiene Law, § 11.13, subd. (e).
(a)
Introduction.
Article 11 of the Mental Hygiene Law makes clear that the
				  policy of the State is that the local governmental unit shall be the operative
				  agency for insuring that local services for the mentally disabled are provided.
				  The units are charged with this responsibility for planning, supervising and
				  coordinating such local services. Local programs carried out pursuant to the
				  law and to this Part which have been approved by the department are eligible
				  for State aid in accordance with the formulas set forth in the law. Voluntary
				  organizations offering community services pursuant to contract with local
				  governmental units have been recognized as an extremely important component of
				  the community services program. In approving the plan for each community, as
				  submitted by its local governmental unit, the department makes every effort to
				  see that the local plan is well balanced and makes full use of community
				  resources, including the use of voluntary organizations which have the
				  expertise and the resources to participate in community programs. Section
				  11.13, subdivision (e) of the Mental Hygiene Law provides that a non-profit
				  agency which has been refused a contract by a local governmental unit may
				  appeal to the commissioner. If the commissioner upholds the appeal, the
				  department may enter into a direct contract with the agency. This Part sets
				  forth the criteria and the procedures for appeal and decision under that
				  section. The policy of the department remains one of encouraging local
				  governmental units to make full use of voluntary organizations where
				  appropriate for the development of community programs, and to resolve
				  disagreement at the local level without the need for an appeal pursuant to this
				  section.
(b)
Right to
				appeal.
(1) A corporation, incorporated
				or existing, pursuant to the Not-for-Profit Corporation Law, which has the
				power to provide community mental health, mental retardation, or alcoholism
				services may appeal to the commissioner within 30 days from the date that such
				appellant has been notified of the refusal by the local governmental unit to
				enter into a contract with such appellant or within 30 days after the unit's
				failure to include such a contract in its plan or budget.
(2) An appeal may be had only where the
				application for a contract to the local governmental unit by the appellant does
				not involve the direct expenditure of local tax money.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 100 - State Aid For Operating Costs › Section 100.8 - Local comprehensive planning process

Current through Register Vol. 46, No. 28, July 10, 2024
Mental Hygiene Law, § 11.05(e), §
				  11.13(a)(3).
(a) A county application
				for State aid shall be considered by Department of Mental Hygiene when:
(1) There is on file with the department a
				current local comprehensive five year plan for all services to mentally
				disabled residents of the area which has been approved by the Commissioner of
				Department of Mental Hygiene. Such plan must be consistent with statewide goals
				and objectives to the extent that such goals and objectives have been
				established at the time of the writing of the plan.
(2) There is on file an annual implementation
				plan consistent with the local comprehensive five year plan.
(3) The county plans in this subdivision have
				been submitted for review and comment to the appropriate health systems
				agency.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 102 - Directors Of Community Services › Section 102.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				sets forth the minimum requirements for directors of community services in
				order to ensure the effective direction and administration by each local
				governmental unit of a local comprehensive service system.
(b) This Part establishes the educational,
				experiential and licensing requirements for individuals seeking to be appointed
				as directors of community services.
(c) This Part delineates the powers and
				duties of the position of director of community services and establishes the
				process for review of candidates by the Inter-Office Coordinating
				Council.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 102 - Directors Of Community Services › Section 102.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 5.05  of the Mental Hygiene Law establishes
				the powers and the duties of the Inter-Office Coordinating Council of the
				Department of Mental Hygiene.
(b)
				Section 41.09  of the Mental Hygiene Law authorizes
				local governments to appoint and remove directors of the local governmental
				unit. Each director shall meet the standards set forth in this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 102 - Directors Of Community Services › Section 102.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				applies to all local governmental units which contract for and/or provide
				services, licensed in accordance with the provisions of the Mental Hygiene Law,
				for persons diagnosed with mental illness, persons with mental retardation,
				persons with developmental disabilities, persons with alcoholism and persons
				who abuse substances.
(b) This Part
				applies to all persons making application for the position of director of
				community services.
(c) This Part
				applies to the Inter-Office Coordinating Council which is responsible for
				reviewing and ruling upon the appointment of a proposed director of community
				services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 102 - Directors Of Community Services › Section 102.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Board means a
				community services board which plans for services to persons diagnosed with
				mental illness, persons with mental retardation, persons with developmental
				disabilities, persons with alcoholism and persons who abuse
				substances.
(b) Local governmental
				unit means the unit of a local government given authority by local government
				to contract for and/or provide local or unified mental health, mental
				retardation and development disabilities, alcohol abuse and substance abuse
				services.
(c) Director of community
				services means the chief executive officer of a local governmental unit, by
				whatever title known.
(d)
				Inter-Office Coordinating Council means a council constituted by the
				Commissioner of the Office of Mental Health, Commissioner of the Office of
				Mental Retardation and Developmental Disabilities, the Commissioner of the
				Office of Alcoholism and Substance Abuse Services which shall ensure that the
				State policy for the prevention, care, treatment and rehabilitation of mental
				illness, mental retardation and developmental disability, alcoholism and
				substance abuse is comprehensively planned, developed, implemented and
				regulated.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 102 - Directors Of Community Services › Section 102.5 - Appointment process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The local
				governmental unit shall appoint a director of community services utilizing the
				procedures set forth by the Inter-Office Coordinating Council. The Inter-Office
				Coordinating Council shall promptly review and rule upon the appointment of a
				proposed director.
(b) Each
				director of community services appointed prior to the effective date of this
				Part may continue as the director of community services and shall be eligible
				for reappointment in the same local governmental unit.
(c) Each director of community services
				appointed with an acting status prior to the promulgation of this Part and
				having at least one year of tenure prior to the effective date of this Part
				shall be approved individually by the IOCC for permanent appointment and shall
				not be subject to the standards in section
				102.6 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 102 - Directors Of Community Services › Section 102.6 - Qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each director
				of community services appointed on or after the effective date of this Part
				shall meet the following requirements:
(1) the
				individual shall be a physician licensed to practice medicine in New York State
				who shall be deemed board certified or board eligible in psychiatry, neurology,
				pediatrics; or
(2) the individual
				shall be a psychologist who is currently licensed as a psychologist by the New
				York State Education Department; or
(3) the individual shall have obtained a
				master's degree in social work, and is currently licensed as a licensed master
				social worker or as a licensed clinical social worker by the New York State
				Education Department; or
(4) the
				individual shall have obtained a master's degree in psychiatric mental health
				nursing and shall be licensed by the New York State Education Department as a
				registered nurse; or
(5) the
				individual shall have obtained a master's degree in rehabilitation counselling,
				psychology, social work, public health administration, public administration,
				hospital administration, human services administration, business administration
				or other equivalent degrees as determined by a curriculum reviewed and approved
				by the New York State Education Department; and
(6) the individual must have obtained a
				degree or degrees from a college or university recognized by the New York State
				Education Department; and
(7) the
				individual with a doctoral degree or medical degree, or an individual with a
				master's degree shall have had at least five years of progressively responsible
				clinical and/or administrative experience in a governmental, private,
				not-for-profit or proprietary program providing services for people who have a
				diagnosis of mental illness, mental retardation, developmental disability,
				alcoholism or substance abuse. At least two of the five years shall include
				functioning in an administrative capacity for the management of a program in
				which the candidate was responsible for the overall direction and control of an
				identifiable organizational unit or program. Such experience shall be
				specifically related to the powers and duties of the director of community
				services in accordance with section
				102.7  of this
				Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 102 - Directors Of Community Services › Section 102.7 - Powers and duties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director
				of community services shall be subject to the provisions of article 41 of the
				Mental Hygiene Law regarding powers and duties and any other such requirements
				as may be lawfully delegated. The director of community services shall:
(1) serve as chief executive office of the
				local governmental unit and shall be a full-time employee, except in cases
				where the IOCC has expressly waived this requirement pursuant to the provision
				of section
				102.8 
				of this Part;
(2) employ and remove
				such officers, employees and consultants as may be necessary for the work of
				the board within the amounts made available by appropriations;
(3) exercise general supervision and program
				monitoring over local services and local facilities;
(4) exercise general supervision over the
				treatment of patients who are receiving local or unified services or who are in
				local facilities;
(5) make
				recommendations to the board for the provision of services and the
				establishment of facilities, including contracts and other matters necessary as
				desirable to ensure the effective direction and administration of a local
				comprehensive service system;
(6)
				encourage the development and expansion of preventive, rehabilitation and
				treatment programs in the field of mental illness, mental retardation and
				developmental disabilities, alcoholism, and substance abuse;
(7) make an annual report to the board of the
				programs under the auspice of the local governmental unit, including a fiscal
				accounting;
(8) carry on such
				activities as may be appropriate to planning, advocacy, service coordination
				and quality assurance of local services and local facilities; and
(9) carry on such studies as may be
				appropriate for the discharge of duties.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VI - Community Mental Health Services › Part 102 - Directors Of Community Services › Section 102.8 - Waiver option for full-time director requirement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The local governmental unit may request
				that the Inter-Office Coordinating Council waive the requirement that the
				director of community services be a full-time director, as set forth in section
				102.7(a)(1) 
				of this Part.
(b) The request for a
				waiver shall include a full description of the duties and responsibilities of
				the other position which the director of community services would hold, shall
				include a description of any known responsibilities which might cause a
				conflict between the two positions, shall estimate the amount of time required
				for the adequate performance of each of the positions and shall include a copy
				of the code of ethics adopted by the local governmental unit pursuant to
				General Municipal Law, article 18.
(c) The request shall be submitted, in its
				entirety, to the Chairperson of the Inter-Office Coordinating Council, who
				shall provide the other council members with duplicate copies. Each of the
				members shall review the request within 30 days of receipt and provide his or
				her recommendation back to the chairperson. The chairperson shall notify the
				local governmental unit of the determination of the majority of council
				members.
(d) In making a
				determination whether to grant the request for a waiver, the members of the
				Inter-Office Coordinating Council shall consider the following:
(1) Whether the director will have adequate
				time to competently perform all the functions, duties and responsibilities as
				the director of community services.
(2) Whether there will be a conflict of
				interest or incompatibility between the dual positions. In order to determine
				this, factors which may be considered include, but are not limited to, the
				following:
(i) Inconsistencies in the
				functions of the two positions, whereby the position holder could not fully and
				impartially discharge the duties of both positions without conflict.
(ii) The right of the holder of one position
				to interfere with the other, such as where one position is subordinate to or
				subject to audit and review by the other.
(3) Whether the code of ethics adopted by the
				locality, pursuant to General Municipal Law, article 18, would permit the
				holding of both positions by one individual.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VIII - Drugs › Part 201 - Pilot Clinic Programs For Treatment Of Drug Addiction › Section 201.1 - Prior approval of commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
No public or private agency shall establish or carry on
				  experimental pilot clinic programs for the treatment of drug addiction which
				  includes the administration of maintenance dosages of addicting drugs except
				  with the prior approval of the Commissioner of Mental Hygiene and subject to
				  his review and in conjunction with related experimental pilot clinic programs
				  established by the commissioner.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VIII - Drugs › Part 202 - Special Facilities Certified By The Commissioner For Drug Addicts › Section 202.1 - Special facilities certified by the commissioner for drug addicts

Current through Register Vol. 46, No. 28, July 10, 2024
Sections 204 and 205 of the Mental Hygiene Law provide that
				  the commissioner shall establish and certify special facilities to be used
				  exclusively for the care and treatment of narcotic addicts.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter VIII - Drugs › Part 202 - Special Facilities Certified By The Commissioner For Drug Addicts › Section 202.2 - Hospitals with special facilities certified

Current through Register Vol. 46, No. 28, July 10, 2024
The following hospitals have been certified by the
				  commissioner as having such special facilities:
Buffalo State Hospital, Buffalo, New York
Central Islip State Hospital, Central Islip, New York
Manhattan State Hospital, New York, New York
Middletown State Hospital, Middletown, New York
Pilgrim State Hospital, West Brentwood, New York
Utica State Hospital, Utica, New York.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IX - Teacher Attendance Rules › Part 250 - Attendance Rules For Teachers › Section 250.1 - Attendance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Basic workweek.
				The basic workweek for annual salaried employees of State departments, agencies
				and institutions, other than those employed on a part-time basis only, and
				other than employees excluded from the application of overtime compensation
				under the rules of the Director of the Budget, adopted pursuant to section 134  of the Civil Service Law, shall be 40
				hours; provided, however, that where a shorter workweek would not interfere
				with the proper performance of government functions, an appointing authority
				may establish a basic workweek of not less than 371/2 hours and five days for
				any employees under its appointive jurisdiction as may be designated by it with
				the approval of the Division of the Budget; provided, however, that this
				section shall not be construed to increase the workweek of any employee for
				whom a workweek of less than 40 hours was prescribed by law, rule or
				administrative regulation as of January 2, 1957.
(b) Record of attendance. All employees are
				required to maintain a daily record of absences and time and leave credits
				earned and used in accordance with these rules. A daily record of attendance
				shall be maintained during the period covered by the school calendar and for
				any periods during which an employee may receive compensation which is in
				addition to his regular salary.
(c)
				Overtime. Overtime shall be earned for time worked in excess of the basic
				workweek during the 10-month period an employee is paid his/her regular salary.
				An employee who is required to work in his/her position or in any other
				position allocated to a salary grade in section 130  of the Civil Service Law for the
				two-month period during which his/her regular salary is not paid shall receive
				additional compensation for such service.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IX - Teacher Attendance Rules › Part 250 - Attendance Rules For Teachers › Section 250.2 - Absence with pay

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Saturdays,
				Sundays and holidays.
(1) All Saturdays,
				Sundays and legal holidays shall, so far as practicable, be allowed as days
				off. Employees required to work on any of these days shall not be entitled to
				compensatory time off in lieu thereof.
(2) The days prescribed as holidays by the
				department's annual calendar for the school year shall be observed as
				holidays.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IX - Teacher Attendance Rules › Part 250 - Attendance Rules For Teachers › Section 250.3 - Leaves without pay

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Leave of
				absence; duration.
(1) A permanent employee or
				an employee holding a position by permanent or temporary appointment who
				requests leave because of pregnancy or childbirth, may, in the discretion of
				the appointing authority, be granted a leave of absence from her position,
				without pay, for a period not exceeding two years. Such leave may be extended
				beyond two years, for periods aggregating not in excess of an additional two
				years, only with the approval of the Civil Service Commission. In an
				exceptional case, a further extension may be permitted by the commission for
				good cause shown and where the interests of the government would be served. For
				the purposes of this section, time spent in active service in the military
				forces of the United States or of the State of New York shall not be considered
				in computing the period of leave.
(2) This subdivision shall not be construed
				to require the extension of any employment beyond the time at which it would
				otherwise terminate by operation of law, rule or regulation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IX - Teacher Attendance Rules › Part 250 - Attendance Rules For Teachers › Section 250.4 - Suspension of rules

Current through Register Vol. 46, No. 28, July 10, 2024
These rules may be suspended in whole or in part, in an
				  emergency, for the duration of same and to the extent made necessary by the
				  nature of the emergency, on approval by the State Civil Service Commission of a
				  written request by the department.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IX - Teacher Attendance Rules › Part 250 - Attendance Rules For Teachers › Section 250.5 - Amendment of rules

Current through Register Vol. 46, No. 28, July 10, 2024
These rules may not be amended, except on approval by the
				  State Civil Service Commission of a written request by the
				  department.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IX - Teacher Attendance Rules › Part 250 - Attendance Rules For Teachers › Section 250.6 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				attendance rules shall apply to the employees in the department who are
				employed in one of the positions listed below and whose principal duties
				involve the teaching or instruction of patients or inmates, or the direct
				supervision of such teaching or instruction; who are employed on the basis of a
				calendar year similar to the school calendar year of public school teachers in
				New York State; and who are compensated in accordance with section 136 of the
				New York State Civil Service Law:
(1) Teaching
				assistant, G-9.
(2) Vocational
				instructors I, G-12.
(3) Vocational
				instructors II, G-13.
(4)
				Vocational instructors III, G-15.
(5) Vocational instructors IV,
				G-17.
(6) Teacher I,
				G-12.
(7) Teacher II,
				G-13.
(8) Teacher III,
				G-15.
(9) Teacher IV,
				G-17.
(10) Education supervisors
				(group of classes), G-19.
(11)
				Education director I, G-22.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IX - Teacher Attendance Rules › Part 251 - Attendance Rules For Teachers Designated Managerial Or Confidential › Section 251.1 - Attendance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Basic workweek.
				The basic workweek for annual salaried employees of State departments, agencies
				and institutions, other than those employed on a part-time basis only and other
				than employees excluded from the application of overtime compensation under the
				rules of the Director of the Budget adopted pursuant to section 134  of the Civil Service Law, shall be 40
				hours; provided, however, that where a shorter workweek would not interfere
				with the proper performance of government functions the department may
				establish a basic workweek of not less than 371/2 hours and five days, or an
				authorized equivalent work schedule, for any employees under its appointive
				jurisdiction as may be designated by it with the approval of the Division of
				the Budget; provided, however, that this section shall not be construed to
				increase the workweek of any employee for whom a workweek of less than 40 hours
				is prescribed by law, rule or administrative regulation as of the day preceding
				the effective date [February 6, 1986] of these rules.
(b) Record of attendance. Daily time records
				showing actual hours worked by each employee shall be maintained during the
				period covered by the school calendar and for any period during which an
				employee may receive compensation in addition to regular salary; provided,
				however, that the department may, with the approval of the Department of Civil
				Service, exempt from this requirement such executives, officers and employees
				who do not earn overtime as it may designate. Employees exempt from maintaining
				daily time records showing actual hours worked shall maintain a daily record of
				absences and time and leave credits earned and used in accordance with these
				rules.
(c) Overtime. Overtime shall
				not be earned for time worked in excess of the basic workweek during the
				10-month period an employee is paid his/her regular salary. An employee who is
				required to work in his/her position or in any other position allocated to a
				salary grade in section 130  of the Civil Service Law for the
				two-month period during which such regular salary is not paid shall receive
				additional compensation for such service.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IX - Teacher Attendance Rules › Part 251 - Attendance Rules For Teachers Designated Managerial Or Confidential › Section 251.2 - Absence with pay

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the
				purposes of this section:
(1) The term
				nonparticipant shall mean any employee subject to these rules in State service
				on December 31, 1985, including any employee on authorized leave of absence on
				such date and any person who was in State service prior to December 31, 1985
				who, prior to said date, resigned, retired or who was otherwise separated from
				his/her position who is reemployed or reinstated to State service on or after
				January 1, 1986, who has creditable State service prior to January 1, 1986 and
				who is eligible for but declines to enroll or be enrolled in the Income
				Protection Plan established pursuant to the provisions of 4 NYCRR Part 78 and
				any such person who is not otherwise eligible to enroll or be enrolled in said
				plan. For the purpose of this section, an employee has prior creditable service
				if such person is reemployed within one year of resignation, retirement or
				termination or is reinstated by the Civil Service Department or Commission or
				by court order or is reemployed from or while eligible to be reemployed from a
				preferred list.
(2) The term
				enrolled employee shall mean any person subject to these rules who has
				enrolled, who must enroll or who has been enrolled in the Income Protection
				Plan established pursuant to the provisions of 4 NYCRR Part 78.
(3) The term ineligible shall mean any
				employee subject to these rules who is appointed on or after January 1, 1986
				with no prior creditable service as defined in paragraph (1) of this
				subdivision who is not eligible to enroll or be enrolled in the Income
				Protection Plan established pursuant to the provisions of 4 NYCRR Part
				78.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IX - Teacher Attendance Rules › Part 251 - Attendance Rules For Teachers Designated Managerial Or Confidential › Section 251.3 - Leaves without pay

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Leave of
				absence; duration.
(1) A permanent employee,
				or an employee holding a position by permanent or temporary appointment who
				requests leave because of pregnancy or childbirth, may, in the discretion of
				the department, be granted a leave of absence, without pay, for a period not
				exceeding two years. Such leave may be extended beyond two years, for periods
				aggregating not in excess of an additional two years, only with the approval of
				the Civil Service Commission. In an exceptional case, a further extension may
				be permitted by the commission for good cause shown and where the interests of
				the government would be served. For the purposes of this section, time spent in
				active service in the military forces of the United States or of the State of
				New York shall not be considered in computing the period of leave.
(2) This subdivision shall not be construed
				to require the extension of any employment beyond the time at which it would
				otherwise terminate by operation of law, rule or regulation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IX - Teacher Attendance Rules › Part 251 - Attendance Rules For Teachers Designated Managerial Or Confidential › Section 251.4 - Suspension of rules

Current through Register Vol. 46, No. 28, July 10, 2024
These rules may be suspended in whole or in part, in an
				  emergency, for the duration of same and to the extent made necessary by the
				  nature of the emergency, on approval by the State Civil Service Commission of a
				  written request by the department.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IX - Teacher Attendance Rules › Part 251 - Attendance Rules For Teachers Designated Managerial Or Confidential › Section 251.5 - Amendment of rules

Current through Register Vol. 46, No. 28, July 10, 2024
These rules may not be amended except on approval by the
				  State Civil Service Commission of a written request by the
				  department.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IX - Teacher Attendance Rules › Part 251 - Attendance Rules For Teachers Designated Managerial Or Confidential › Section 251.6 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				attendance rules shall apply to the employees in the department who are
				employed in the position listed below and whose principal duties involve
				teaching or instruction of patients or inmates, or the direct supervision of
				such teaching or instruction; and who are employed on the basis of a calendar
				year similar to the school calendar year of public school teachers in New York
				State; and who are compensated in accordance with section 136 of the New York
				State Civil Service Law; and who are designated as managerial/confidential
				under section 201, article 14 of the Civil Service Law:
Education director II, G-24.
(b) These rules shall not be construed to
				require or allow extension of leave with pay except for periods during which
				the employee is normally paid his/her regular salary.
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 304.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Since the
				decriminalization of public intoxication in 1976, a number of different types
				of services have been established in New York State to provide for the welfare
				of persons intoxicated in public who, for whatever reason, cannot be taken to
				their homes or residences. In accordance with the provisions of section 21.09
				of the Mental Hygiene Law, all services for this purpose are required to be
				approved by the commissioner.
(b)
				In accordance with the provisions of section 21.09 of the Mental Hygiene Law,
				this Part deals with two classes of public inebriates; section
				304.3 
				of this Part relates specifically to persons who are only intoxicated, while
				section
				304.4 
				of this Part relates specifically to persons who are incapacitated by
				alcohol.
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 304.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the terms below shall have the
				  following meanings:
(a) Director. The
				director of the New York State Division of Alcoholism and Alcohol
				Abuse.
(b) Director of community
				services. A person who is the chief executive officer of a local governmental
				unit by whatever title known, as provided in article 41 of the Mental Hygiene
				Law.
(c) Division. The New York
				State Division of Alcoholism and Alcohol Abuse.
(d) Incapacitated by alcohol. Any person who,
				as a result of the use of alcohol, is unconscious or has his or her judgment so
				impaired that he or she is incapable of realizing and making a rational
				decision with respect to his or her need for treatment.
(e) Intoxicated person. A person whose mental
				or physical functioning is substantially impaired as a result of the presence
				of alcohol in his or her body.
(f)
				Emergency care services. Programs or services which have been established to
				provide safe, secure environments, care and observation of intoxicated persons.
				Emergency care services include, but are not limited to, alcohol crisis
				centers. No alcohol crisis center may operate without the prior approval and
				certification of the commissioner pursuant to Part 366 of this Title.
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 304.3 - Emergency care services for persons incapacitated by alcohol

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Special requirements.
(1) Persons who are or appear to be
				incapacitated by alcohol shall be taken only to facilities or services which
				have been designated in accordance with the provisions of this
				section.
(2) Each such designated
				facility or service shall have a physician regularly available at all times to
				provide emergency service, either on duty or on call.