Title E - GENERAL PROVISIONS
- Article 29 - (29.01 - 29.29) GENERAL PROVISIONS RELATING TO IN-PATIENT FACILITIES
- 29.01 - Regulations and forms.
- 29.03 - Effect of court order authorizing retention of a patient.
- 29.05 - Community agreements regarding admission procedures.
- 29.07 - Commissioner's powers over admissions to department facilities.
- 29.11 - Commissioner's power to transfer and discharge patients.
- 29.13 - Treatment plans.
- 29.15 - Discharge and conditional release of patients to the community.
- 29.16 - Discharge; certain cases.
- 29.17 - Clothing and money to be furnished patients discharged or released.
- 29.18 - Client service report.
- 29.19 - Powers and duties of peace officers acting pursuant to their special duties and police officers to apprehend, restrain, and transport persons to facil
- 29.20 - In-patient nasogastric feeding procedures.
- 29.21 - Care of children born to patients.
- 29.23 - Powers with respect to property of persons receiving services.
- 29.25 - Sale or delivery of alcoholic beverages to patients prohibited.
- 29.27 - Inmate-patients placed in the custody of the department.
- 29.29 - Incident reporting procedures.
- Article 31 - (31.01 - 31.35) REGULATION AND QUALITY CONTROL OF SERVICES FOR THE MENTALLY DISABLED
- 31.01 - Evaluation of services for the mentally disabled.
- 31.02 - Operating certificate required.
- 31.03 - Operating certificates for family care homes.
- 31.04 - Regulatory powers of the commissioner.
- 31.05 - Issuance of an operating certificate.
- 31.06 - Child abuse prevention.
- 31.07 - Investigations and inspections.
- 31.09 - Powers of the department regarding investigation and inspection.
- 31.11 - Certain duties of providers of services.
- 31.13 - Powers of subpoena and examination.
- 31.16 - Suspension, revocation, or limitation of an operating certificate and imposition of fines by the commissioner of mental health.
- 31.17 - Formal hearings; procedure.
- 31.19 - Confinement, care, and treatment of the mentally disabled.
- 31.21 - Injunction and temporary restraining order.
- 31.22 - Approval of certain certificates of incorporation or articles of organization; granting of operating certificates.
- 31.23 - Approval of new construction.
- 31.25 - Residential services for treatment of eating disorders.
- 31.26 - Residential treatment facilities for children and youth.
- 31.27 - Comprehensive psychiatric emergency programs.
- 31.28 - Facilities; receivership.
- 31.29 - Monthly personal allowances.
- 31.30 - Child abuse and maltreatment in residential care.
- 31.31 - Improper expenditure of moneys.
- 31.33 - Mental health special needs plans.
- 31.35 - Review of criminal history information concerning certain prospective employees.
- Article 32 - (32.01 - 32.39) REGULATION AND QUALITY CONTROL OF CHEMICAL DEPENDENCE SERVICES AND COMPULSIVE GAMBLING SERVICES.
- 32.01 - Regulation and quality control of chemical dependence services.
- 32.02 - Regulation and quality control of compulsive gambling services.
- 32.03 - Evaluation of chemical dependence services.
- 32.05 - Operating certificate required.
- 32.07 - Regulatory powers of the commissioner.
- 32.09 - Issuance of operating certificates.
- 32.11 - Child abuse prevention.
- 32.13 - Investigations and inspections.
- 32.15 - Powers of the office regarding investigation and inspection.
- 32.17 - Certain duties of providers of services.
- 32.19 - Powers of subpoena and examination.
- 32.21 - Suspension, revocation, or limitation of operating certificates and imposition of fines.
- 32.23 - Formal hearings; procedure.
- 32.25 - Confinement, care, and treatment of persons suffering from chemical abuse or dependence.
- 32.27 - Injunction and temporary restraining order.
- 32.29 - Approval of new construction.
- 32.31 - Establishment or incorporation of facilities for chemical dependence services.
- 32.33 - Improper expenditures of money.
- 32.35 - Disclosure by members, officers and employees.
- 32.37 - Registration and notification of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations.
- 32.39 - Fiscal year report.
- Article 33 - (33.01 - 33.25) RIGHTS OF PATIENTS
- 33.01 - Protection of patients' rights.
- 33.02 - Notice of rights of individuals with mental disabilities.
- 33.03 - Quality of care and treatment.
- 33.04 - Restraint of patients.
- 33.05 - Communications and visits.
- 33.06 - Reports of abuse or mistreatment.
- 33.07 - Care and custody of the personal property of persons receiving services.
- 33.08 - Personal needs allowance for residents of state psychiatric centers and state operated alcoholism facilities.
- 33.09 - Employment of patients.
- 33.11 - Education for children with mental disabilities.
- 33.12 - Hearing evaluation.
- 33.13 - Clinical records; confidentiality.
- 33.14 - Sealing of records pertaining to treatment for mental illness.
- 33.15 - Habeas corpus.
- 33.16 - Access to clinical records.
- 33.17 - Transportation of female patients.
- 33.21 - Consent for mental health treatment of minors.
- 33.23 - Incident notifications and reports.
- 33.25 - Release of records pertaining to allegations and investigations of abuse and mistreatment.
- Article 41 - (41.01 - 41.57) LOCAL SERVICES
- 41.01 - Declaration of purpose.
- 41.03 - Definitions.
- 41.04 - Responsibilities of commissioners of the offices.
- 41.05 - Local governmental unit.
- 41.07 - Provision of services by the local governmental unit.
- 41.09 - Director.
- 41.10 - State conference of local mental hygiene directors.
- 41.11 - Composition of boards.
- 41.13 - Powers and duties of local governmental units.
- 41.15 - Approved plans and state aid.
- 41.16 - Local planning; state and local responsibilities.
- 41.17 - State and local coordination.
- 41.18 - Local services plan; state aid.
- 41.24 - Study on alternative to net deficit funding.
- 41.25 - Fees.
- 41.27 - State aid procedures.
- 41.29 - Liability of local government.
- 41.31 - Publication of records.
- 41.32 - Transitional provisions for local assistance funding of federally funded demonstration projects for treatment of alcoholics.
- 41.33 - Community residences for the mentally disabled.
- 41.34 - Site selection of community residential facilities.
- 41.35 - Demonstration programs.
- 41.36 - Community residential facilities.
- 41.37 - Community residence and residential treatment facility for children and youth development grants.
- 41.38 - Rental and mortgage payments of community residential facilities for the mentally ill.
- 41.39 - Vocational programs; sheltered workshop industrial contract income.
- 41.40 - Small community residential facilities.
- 41.40*2 - Respite services.
- 41.41 - Rights of mentally retarded and developmentally disabled.
- 41.42 - Family support programs.
- 41.43 - Family support services.
- 41.44 - Community residential services for the mentally ill.
- 41.45 - Development grants for residential care centers for adults.
- 41.46 - Disclosure by members, officers and employees.
- 41.47 - Community support services program.
- 41.48 - Real property acquisition options.
- 41.49 - Adolescent suicide prevention program.
- 41.49*2 - Community based mental health services for seriously emotionally disturbed children.
- 41.50 - Development grants for comprehensive psychiatric emergency programs.
- 41.51 - State aid for costs of comprehensive psychiatric emergency programs.
- 41.52 - Community residential services for alcoholism.
- 41.53 - Community residence development grants for alcoholism services.
- 41.54 - Roles and responsibilities of certain board members.
- 41.54*2 - Employee assistance programs.
- 41.55 - Community mental health support and workforce reinvestment program.
- 41.57 - Compulsive gambling education and treatment program.
- Article 43 - (43.01 - 43.12) FEES FOR SERVICES
- 43.01 - Fees and rates for department services.
- 43.02 - Rates or methods of payment for services at facilities subject to licensure or certification by the office of mental health, the office for people wit
- 43.03 - Liability for fees.
- 43.04 - Provider of services assessments.
- 43.05 - Securing financial information.
- 43.06 - Assessments.
- 43.07 - Bill collection procedures.
- 43.09 - Certain transactions void.
- 43.11 - Refunds.
- 43.12 - Electronic submission of periodic cost reports to the office for people with developmental disabilities.
- Article 45 - (45.01 - 45.21) STATE COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH DISABILITIES.
- 45.01 - Definitions.
- 45.03 - State commission on quality of care and advocacy for persons with disabilities; organization.
- 45.05 - Chair of commission.
- 45.07 - Functions, powers and duties of the commission.
- 45.08 - Children's protection team.
- 45.09 - Procedures of the commission.
- 45.10 - Adult home and residence for adults special oversight authority.
- 45.11 - Advisory council to the commission.
- 45.15 - Mental hygiene medical review board; organization.
- 45.17 - Functions, powers and duties of the board.
- 45.19 - Reports to the commission.
- 45.21 - New York State interagency coordinating council for services to persons who are deaf, deaf-blind, or hard of hearing.
- Article 47 - (47.01 - 47.03) MENTAL HYGIENE LEGAL SERVICE
- Article 61 - (61.01 - 61.05) FEDERAL AID
- Article 67 - (67.01 - 67.07) INTERSTATE RELATIONS
- Article 71 - (71.01) ACQUISITION OF REAL PROPERTY
- Article 75 - (75.01 - 75.35) COMMUNITY MENTAL HEALTH SERVICES AND MENTAL RETARDATION SERVICES COMPANIES
- 75.01 - Short title.
- 75.03 - Policy and purposes of article.
- 75.05 - Definitions.
- 75.07 - Companies; how created.
- 75.09 - Approval of commissioner.
- 75.13 - Powers and limitations of a company.
- 75.15 - Members, officers, and directors.
- 75.17 - Mortgage loans.
- 75.19 - Conditions and security for loans.
- 75.21 - Rates and fees.
- 75.23 - Transfer of real property.
- 75.25 - Supervision and regulation.
- 75.27 - Voluntary dissolution.
- 75.29 - Foreclosures and judgments.
- 75.33 - Fees and charges.
- 75.35 - Separability.
- Article 79 - (79.01 - 79.43) PROCEEDINGS RELATIVE TO INCOMPETENT VETERANS AND INFANT WARDS OF THE UNITED STATES VETERANS' ADMINISTRATION
- 79.01 - Definitions.
- 79.03 - Application.
- 79.05 - Limitations on number of wards.
- 79.07 - Petition; contents.
- 79.09 - Consolidated procedure.
- 79.11 - Prima facie evidence of infancy or incompetency.
- 79.13 - Notice.
- 79.15 - Bonds; sureties.
- 79.17 - Accounts.
- 79.19 - Removal of guardian for failure to account or for other reasons.
- 79.21 - Compensation of guardian.
- 79.23 - Investments by guardians.
- 79.25 - Maintenance and support.
- 79.27 - Filing and recording of papers and copies of public records to be furnished.
- 79.29 - Admission and retention of mentally ill veterans.
- 79.31 - Discharge of guardian.
- 79.33 - Liberal construction.
- 79.35 - Uniformity of construction.
- 79.37 - Invalidity of part of article.
- 79.39 - Recognition of veterans' administration as a party in interest.
- 79.41 - Funds to be kept separate.
- 79.43 - Notice of pendency of proceeding; effect.
- Article 80 - (80.01 - 80.13) SURROGATE DECISION-MAKING FOR MEDICAL CARE AND TREATMENT
- 80.01 - Legislative findings and purpose.
- 80.03 - Definitions.
- 80.05 - Surrogate decision-making committees and panels; organization.
- 80.07 - Procedures of the committees and panels.
- 80.09 - Right of appeal; temporary restraining order.
- 80.11 - Effect of determination that a person is in need of surrogate decision-making.
- 80.13 - Committee reports.
- Article 81 - (81.01 - 81.44) PROCEEDINGS FOR APPOINTMENT OF A GUARDIAN FOR PERSONAL NEEDS OR PROPERTY MANAGEMENT
- 81.01 - Legislative findings and purpose.
- 81.02 - Power to appoint a guardian of the person and/or property; standard for appointment.
- 81.03 - Definitions.
- 81.04 - Jurisdiction.
- 81.05 - Venue.
- 81.06 - Who may commence a proceeding.
- 81.07 - Notice.
- 81.08 - Petition.
- 81.09 - Appointment of court evaluator.
- 81.10 - Counsel.
- 81.11 - Hearing.
- 81.12 - Burden and quantum of proof.
- 81.13 - Timing of hearing.
- 81.14 - Record of the proceedings.
- 81.15 - Findings.
- 81.16 - Dispositional alternatives.
- 81.17 - Nomination of guardian.
- 81.18 - Foreign guardian for a person not present in the state.
- 81.19 - Eligibility as guardian.
- 81.20 - Duties of guardian.
- 81.21 - Powers of guardian; property management.
- 81.22 - Powers of guardian; personal needs.
- 81.23 - Provisional remedies.
- 81.24 - Notice of pendency.
- 81.25 - Filing of bond by guardian.
- 81.26 - Designation of clerk to receive process.
- 81.27 - Commission to guardian.
- 81.28 - Compensation of guardian.
- 81.29 - Effect of the appointment on the incapacitated person.
- 81.30 - Initial report.
- 81.31 - Annual report.
- 81.32 - Examination of initial and annual reports.
- 81.33 - Intermediate and final report.
- 81.34 - Decree on filing instruments approving accounts.
- 81.35 - Removal of guardian.
- 81.36 - Discharge or modification of powers of guardian.
- 81.37 - Resignation or suspension of powers of guardian.
- 81.38 - Vacancy in office.
- 81.39 - Guardian education requirements.
- 81.40 - Court evaluator education requirements.
- 81.41 - Court examiner education requirements.
- 81.42 - Compliance.
- 81.43 - Proceedings to discover property withheld.
- 81.44 - Proceedings upon the death of an incapicitated person.
- Article 91 - (91.01 - 91.05) LAWS REPEALED; SAVINGS CLAUSE; TIME OF TAKING EFFECT