(a) No individual who is or appears to be suffering from chemical
abuse or dependence shall be detained, deprived of his or her liberty,
or otherwise confined without lawful authority, or be inadequately,
unskillfully, cruelly, or unsafely cared for or supervised by any
person.
(b) If the commissioner has reason to believe that this section is
being violated or that services for persons suffering from chemical
abuse or dependence or who are at risk of becoming alcohol or substance
abusers are being provided in violation of this article, he or she shall
promptly investigate the matter. If he or she finds, after notice to the
person accused of the violation that there is substantial evidence to
support the finding that there has been a violation, the commissioner
shall issue an order directed to the person or entity who has committed
the violation directing him or her to cease and desist from the
violation.
(c) The commissioner may bring the following proceedings in the
supreme court, in accordance with the provisions of section 32.27 of
this article:
1. for an injunction where the person to whom a cease and desist order
is directed has failed to comply therewith; and
2. for a temporary restraining order where the commissioner has reason
to believe that a violation of this section may result in injury to any
person.
(d) Nothing in this section shall prevent the commissioner from taking
whatever action he or she deems necessary for the suspension,
revocation, or limitation of the operating certificate of a provider of
services which has been charged with a violation of this section.
Structure New York Laws
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.
32.05-A - Certified Recovery Residences.
32.06 - Prohibited Practices by Providers of Substance Use Disorder Services.
32.07 - Regulatory Powers of the Commissioner.
32.09 - Issuance of Operating Certificates.
32.11 - Child Abuse Prevention.
32.13 - Investigations and Inspections.
32.14 - Compliance With Operational Standards by Providers of Services in General Hospitals.
32.15 - Powers of the Office Regarding Investigation and Inspection.
32.17 - Certain Duties of Providers of Services.
32.17-A - Notification of Emergency Contact.
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.
32.36 - Crisis Stabilization Services.