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Article 7 - Office of Mental Health
7.01 - Declaration of Policy. - The state of New York and its local governments have...
7.03 - Definitions. - As used in this title: 1. "Office" means the office...
7.07 - Office of Mental Health; Scope of Responsibilities. - (a) The office of mental health is charged with the...
7.09 - Powers of the Office and Commissioner; How Exercised. - (a) The commissioner shall exercise all powers vested in the...
7.11 - Organization and Administration of the Office of Mental Health and Its Facilities. - (a) The commissioner shall have the professional jurisdiction, supervision, and...
7.13 - Local Services. - Local services for the mentally ill shall be planned, financed...
7.15 - Programs of the Office of Mental Health. - (a) The commissioner shall plan, promote, establish, develop, coordinate, evaluate,...
7.17 - Programs, Services, and Operation of Facilities in the Office of Mental Health. - (a) The commissioner shall establish policy and procedures for the...
7.18 - Secure Treatment Facilities in the Office. - (a) There shall be in the office secure treatment facilities,...
7.19 - Personnel of the Office. - (a) The commissioner or his or her designee may, within...
7.21 - Directors of Facilities. - (a) The director of a facility under the jurisdiction of...
7.23 - Education and Training. - (a) The commissioner shall have the power to establish such...
7.24 - Mental Health Disorder Hospital Discharge; Policies and Procedures. - (a) The office, in consultation with the department of health,...
7.25 - Safety. - (a) The commissioner and the directors of in-patient facilities in...
7.27 - Facility Services. - (a) Chapels. The commissioner may permit any religious or missionary...
7.29 - Gifts. - (a) The commissioner, on behalf of the state and if...
7.31 - Disposition of Moneys and Securities. - (a) The commissioner, or the officer or employee of the...
7.33 - Boards of Visitors. - (a) Each hospital in the department shall have a board...
7.35 - Actions Against Persons Rendering Professional Services at the Request of the Office; Defense and Indemnification. - request of the office; defense and indemnification. The provisions of...
7.37 - Powers of the Office and Commissioner in Relation to the Planning and Referral of Mentally Ill Children for Adult Services. - (a) As used in this section: 1. "report" means a...
7.37-A - Transitional Care. - (a) For purposes of this section, "transitional care" shall mean...
7.38 - Additional Duties of the Office With Respect to Persons Receiving Transitional Care. - (a) The office shall, in consultation with the department of...
7.39 - Registration and Notification of Boards of Directors or Trustees of Certain Voluntary Not-for-Profit Facilities or Corporations. - (a) Notwithstanding any other law, rule or regulation, the executive...
7.41 - Geriatric Service Demonstration Program. - (a) The office shall establish a geriatric service demonstration program...
7.43 - The Children's Plan. - The commissioner of mental health, in consultation with the state...
7.45 - Retaliatory Personnel Actions. - Employees of facilities, programs and providers operated, licensed, certified, authorized...
7.47 - Mental Illness Anti-Stigma Grants. - (a) The office shall develop and implement a program which...
Article 9 - Hospitalization of Persons With a Mental Illness
9.01 - Definitions. - As used in this article: "in need of care and...
9.03 - Admission to a Hospital. - Unless otherwise specifically provided for by statute, a person with...
9.05 - Examining Physicians and Medical Certificates. - (a) A person is disqualified from acting as an examining...
9.07 - Notice to All Patients of Their Rights and of the Availability of the Mental Hygiene Legal Service. - (a) Immediately upon the admission of any patient to a...
9.09 - Notices to Mental Hygiene Legal Service Concerning Minors. - When any person under the age of eighteen years is...
9.11 - Patients' Records. - Except as to informal patients and patients admitted pursuant to...
9.13 - Voluntary Admissions. - (a) The director of any hospital may receive as a...
9.15 - Informal Admissions. - The director of any hospital approved by the commissioner for...
9.17 - Voluntary and Informal Admissions; Suitability. - (a) In order for a person to be suitable for...
9.19 - Voluntary and Informal Admissions; Notices. - The director shall cause all patients admitted as voluntary or...
9.21 - Voluntary and Informal Admissions; Encouragement Of. - (a) It shall be the duty of all state and...
9.23 - Voluntary and Informal Admissions; Conversion To. - (a) Nothing contained in this article shall be construed to...
9.25 - Voluntary and Informal Admissions; Review of Status. - (a) No voluntary or informal patient, whether admitted on such...
9.27 - Involuntary Admission on Medical Certification. - (a) The director of a hospital may receive and retain...
9.29 - Involuntary Admission on Medical Certification; Notice of Admission to Patients and Others. - (a) The director shall cause written notice of a person's...
9.31 - Involuntary Admission on Medical Certification; Patient's Right to a Hearing. - (a) If, at any time prior to the expiration of...
9.33 - Court Authorization to Retain an Involuntary Patient. - (a) If the director shall determine that a patient admitted...
9.35 - Review of Court Authorization to Retain an Involuntary Patient. - If a person who has been denied release or whose...
9.37 - Involuntary Admission on Certificate of a Director of Community Services or His Designee. - (b) The application for admission of a patient pursuant to...
9.39 - Emergency Admissions for Immediate Observation, Care, and Treatment. - (a) The director of any hospital maintaining adequate staff and...
9.40 - Emergency Observation, Care and Treatment in Comprehensive Psychiatric Emergency Programs. - (a) The director of any comprehensive psychiatric emergency program may...
9.43 - Emergency Assessment for Immediate Observation, Care, and Treatment; Powers of Courts. - (a) Whenever any court of inferior or general jurisdiction is...
9.45 - Emergency Assessment for Immediate Observation, Care, and Treatment; Powers of Directors of Community Services. - (a) The director of community services or the director's designee...
9.46 - Reports of Substantial Risk or Threat of Harm by Mental Health Professionals. - (a) For purposes of this section, the term "mental health...
9.47 - Duties of Local Officers in Regard to Their Persons With a Mental Illness. - (1) receiving reports of persons who may be in need...
9.48 - Duties of Directors of Assisted Outpatient Treatment Programs. - (a)(1) Directors of assisted outpatient treatment programs established pursuant to...
9.57 - Emergency Admissions for Immediate Observation, Care and Treatment; Powers of Emergency Room Physicians. - treatment; powers of emergency room physicians. A physician who has...
9.58 - Transport for Evaluation; Powers of Approved Mobile Crisis Outreach Teams. - (a) A physician or qualified mental health professional who is...
9.59 - Immunity From Liability. - (a) Notwithstanding any inconsistent provision of any general, special or...
9.60 - Assisted Outpatient Treatment. - (a) Definitions. For purposes of this section, the following definitions...
9.41 - Emergency Assessment for Immediate Observation, Care, and Treatment; Powers of Certain Peace Officers and Police Officers. - (a) Any peace officer, when acting pursuant to his or...
9.49 - Transfer of Juvenile Delinquents. - (a) The commissioner shall receive and arrange the admission to...
9.51 - Residential Treatment Facilities for Children and Youth; Admissions. - (a) The director of a residential treatment facility for children...
9.53 - Children in the Custody of Social Services Officials or the Division for Youth. - (a) Admission of a child in the care and custody...
9.55 - Emergency Admissions for Immediate Observation, Care and Treatment; Powers of Qualified Psychiatrists. - treatment; powers of qualified psychiatrists. A qualified psychiatrist shall have...
9.63 - Transportation of Persons to or Between Hospitals. - In carrying out the transportation of any person to or...
Article 10 - Sex Offenders Requiring Civil Commitment or Supervision
10.01 - Legislative Findings. - (a) That recidivistic sex offenders pose a danger to society...
10.03 - Definitions. - (a) "Agency with jurisdiction" as to a person means that...
10.05 - Notice and Case Review. - (a) The commissioner of mental health, in consultation with the...
10.06 - Petition and Hearing. - (a) If the case review team finds that a respondent...
10.07 - Trial. - (a) Within sixty days after the court determines, pursuant to...
10.08 - Procedures Under This Article. - (a) When a respondent submits to an examination pursuant to...
10.09 - Annual Examinations and Petitions for Discharge. - (a) The commissioner shall provide the respondent and counsel for...
10.10 - Treatment and Confinement. - (a) If the respondent is found to be a dangerous...
10.11 - Regimen of Strict and Intensive Supervision and Treatment. - (a) (1) Before ordering the release of a person to...
10.13 - Appeals. - (a) The attorney general may, in the appellate division of...
10.15 - Compensation, Fees and Expenses. - (a) Any compensation, fee or expense paid pursuant to the...
10.17 - Release of Information Authorized. - The commissioner is authorized to release information in accordance with...