New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 836 - Incident Reporting in Oasas Certified, Licensed, Funded, or Operated Services › Section 836.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (c)  of the Mental
				Hygiene Law charges the Office with the responsibility for seeing that persons
				in need of treatment for chemical dependence receive high quality care and
				treatment, and that the personal and civil rights of persons receiving care,
				treatment and rehabilitation are adequately protected.
(b) Section 19.07 (e)  of the Mental
				Hygiene Law authorizes the Commissioner ("Commissioner") of the Office to adopt
				standards including necessary rules and regulations pertaining to chemical
				dependence services.
(c) Section 19.09 (b)  of the Mental
				Hygiene Law authorizes the Commissioner to adopt regulations necessary and
				proper to implement any matter under his or her jurisdiction.
(d) Section 19.20  of the Mental Hygiene Law
				(Protection of People with Special Needs Act, added by Chapter 501 of the Laws
				of 2012) authorizes the Office to receive and review criminal history
				information related to certain prospective employees and volunteers
(e) Section 19.20-a  of the Mental Hygiene Law
				(Protection of People with Special Needs Act, added by Chapter 501 of the Laws
				of 2012) authorizes the Office to receive and review criminal history
				information related to persons seeking to be credentialed or applicants for an
				operating certificate issued by the Office.
(f) Section 19.21 (b)  of the Mental
				Hygiene Law requires the Commissioner to establish and enforce certification,
				inspection, licensing and treatment standards for alcoholism, substance abuse
				and chemical dependence facilities and staff.
(g) Section 19.40  of the Mental Hygiene Law authorizes
				the Commissioner to issue operating certificates for the provision of chemical
				dependence services.
(h) Section 22.07 (c)  of the Mental
				Hygiene Law authorizes the Commissioner to promulgate rules and regulations to
				ensure that the rights of individuals who have received, and are receiving,
				chemical dependence services are protected.
(i) Section 32.01  of the Mental Hygiene Law 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 Mental Hygiene Law.
(j)
				Section 32.02  of the Mental Hygiene Law authorizes
				the Commissioner to adopt regulations necessary to ensure quality services to
				those suffering from compulsive gambling.
(k) Section 32.07 (a)  of the Mental
				Hygiene Law authorizes the Commissioner to adopt regulations to effectuate the
				provisions and purposes of Article 32 of the Mental Hygiene Law.
(l) Sections 33.16 (a)(6) and
				33.16 (b)(4)  of the Mental
				Hygiene Law define a "qualified person" as an individual receiving services,
				his or her legal guardian, or a parent, spouse or adult child who has authority
				to provide consent for care and treatment.
(m) Section 33.23  of the Mental Hygiene Law requires
				directors of facilities certified by OASAS to provide telephone notification to
				a "qualified person" of an incident involving a client within 24 hours of the
				initial report.
(n) Section 33.25  of the Mental Hygiene Law requires
				facilities to release records to "qualified persons", upon request, relating to
				allegations and investigations of client abuse or mistreatment.
(o) Section 491 
				of the Executive Law requires mandated reporters to immediately report
				allegations of reportable incidents to the Vulnerable Persons' Register upon
				discovery.
(p) Section 492  of the Social Services Law establishes
				the Vulnerable Persons' Register to which reports of allegations of reportable
				incidents must be submitted in a manner and on forms approved by the executive
				director of the Justice Center.
(q) Article 6, Title 6 of the Social Services
				Law requires the reporting of suspected abuse or maltreatment of persons under
				18 years of age to the New York Statewide Central Register of Child Abuse and
				Maltreatment (hereinafter, "Statewide Central Register").
(r) Section 413  of the Social Services Law identifies
				persons required to report cases of suspected child abuse or maltreatment to
				the Statewide Central Register.
(s) Section 415  of the Social Services Law requires
				suspected child abuse or maltreatment to be reported immediately by telephone
				and to be followed by a written report on a form supplied by the commissioner
				of the Office of Children and Family Services, and further describes procedures
				for reporting.
(t) Section 495 of
				the Executive Law establishes the "Register of Substantiated Category One Cases
				of Abuse and Neglect" as a statewide register maintained by the Justice Center.
(u) Chapter 501 of the Laws of
				2012 establishes the Justice Center.