New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 540 - Patients Committed To The Custody Of The Commissioner Pursuant To Cpl Article 730 › Section 540.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application
				means an application to the hospital forensic committee or clinical
				director.
(b) Certified psychologist
				means a person who has been certified and registered to practice psychology in
				New York State pursuant to the education law.
(c) Clinical director means the person in
				charge of clinical services at the facility where the patient is receiving care
				and treatment. In facilities in which the director is a physician, this term
				refers to the director. If the director of the facility is not a physician,
				this term refers to the deputy director for clinical services.
(d) Commissioner means the New York State
				Commissioner of Mental Health.
(e)
				Conditional release means the act of ending a facility's inpatient period of
				service to a patient without ending the facility's legal responsibility for the
				patient.
(f) Court means the court
				which issued the order under article 730 of the Criminal Procedure Law by which
				the patient was committed to the facility in which he or she is presently
				receiving care and treatment.
(g)
				Day means all days of the week excluding Saturdays, Sundays and
				holidays.
(h) Discharge means the
				act of ending a facility's inpatient period of service to a patient and the
				facility's legal responsibility for that patient.
(i) Escorted furlough means any occasion on
				which a patient leaves the confines of the facility where he or she is
				receiving care and treatment, except for the receipt of medical care,
				appearance in court, or attendance at the funeral of an immediate family
				member, and during which he or she is under the constant supervision of one or
				more employees of the appropriate office facility.
(j) Final order of observation means an order
				entered by a local criminal court pursuant to section 730.40 (1) and (2)  of the
				Criminal Procedure Law or by a superior court pursuant to section 730.50 (1)  of the
				Criminal Procedure Law which commits a criminal defendant found to be an
				"incapacitated person" to the custody of the commissioner for a period of up to
				90 days and simultaneously dismisses the criminal charges against the
				defendant.
(k) Hospital forensic
				committee or committee means a committee established in accordance with section
				540.3 
				of this Part.
(l) Incapacitated
				person means a criminal defendant found by the court, as a result of mental
				disease or defect, to lack capacity to understand the proceedings against him
				or her or to assist in his or her own defense.
(m) Office facility means any inpatient
				hospital within the Office of Mental Health.
(n) Order of commitment means an order issued
				by a superior court pursuant to section 730.50 (1)  of the
				Criminal Procedure Law which commits a criminal defendant accused of a felony,
				and found to be an "incapacitated person," to the custody of the commissioner
				for a period of up to one year, but which does not result in dismissal of the
				criminal charges against the defendant.
(o) Order of retention means an order issued
				by a superior court pursuant to section 730.50 (2) or (3)  of the
				Criminal Procedure Law at the expiration of an order of commitment or a prior
				order of retention which retains a criminal defendant in the continued custody
				of the commissioner for a period not to exceed one or two years without
				dismissing the criminal charges against the defendant.
(p) Patient means any inpatient committed to
				an office facility by a court order issued pursuant to article 730 of the
				Criminal Procedure Law, or whose present status as an inpatient is the result
				of his or her continued retention as a civil patient after the expiration of
				such court order. For purposes of this Part, the term patient shall not include
				persons remanded to the custody of an office facility pursuant to a final order
				of observation, as defined in subdivision (i) of this section, or who are
				admitted to an office facility immediately following a remand pursuant to such
				order.
(q) Psychiatric examiner
				means a qualified psychiatrist or a certified psychologist who has been
				designated by a director to examine a defendant pursuant to an order of
				examination. In facilities in which the director is not a physician, the
				director may delegate this authority to the deputy director for clinical
				services.
(r) Qualified
				psychiatrist means a physician who:
(i) is a
				diplomate of the American Board of Psychiatry and Neurology or is eligible to
				be certified by that board; or
(ii)
				is certified by the American Osteopathic Board of Neurology and Psychiatry or
				is eligible to be certified by that board.