New York · statute · N.Y. Mental Hygiene Law · 557 active provisions
CHAPTER 251 AN ACT to repeal the mental hygiene law, and to enact a recodified mental hygiene law Became law May 9, 1972, with the approval of the Governor. Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAPTER 27 OF…
TITLE A ORGANIZATION OF DEPARTMENT OF MENTAL HYGIENE Article 1 Short title and definitions 5 Department of mental hygiene
ARTICLE 1 SHORT TITLE AND DEFINITIONS Section 1.01 Short title. 1.03 Definitions.
§ 1.01 Short title. This chapter shall be known and may be cited as the "Mental Hygiene Law".
§ 1.03 Definitions. When used in this chapter, unless otherwise expressly stated or unless the context otherwise requires: 1. "Department" means the department of mental hygiene of the state of New York. Except as used in article five of this chapter, the term "department" shall hereafter refer to an office of the depa…
ARTICLE 5 DEPARTMENT OF MENTAL HYGIENE Section 5.01 Department of mental hygiene. 5.03 Commissioners. 5.05 Powers and duties of the head of the department. 5.06 Behavioral health services advisory council. 5.07 Establishment of statewide goals and objectives; statewide comprehensive plans of services for the mentally d…
§ 5.01 Department of mental hygiene. There shall continue to be in the state government a department of mental hygiene. Within the department there shall be the following autonomous offices: (1) office of mental health; (2) office for people with developmental disabilities; (3) office of addiction services and supports…
§ 5.03 Commissioners. The head of the office of mental health shall be the commissioner of mental health; the head of the office for people with developmental disabilities shall be the commissioner of developmental disabilities; and the head of the office of addiction services and supports shall be the commissioner of…
§ 5.05 Powers and duties of the head of the department. (a) The commissioners of the office of mental health and the office for people with developmental disabilities, as the heads of the department, shall jointly visit and inspect, or cause to be visited and inspected, all facilities either public or private used for…
§ 5.06 Behavioral health services advisory council. (a) There is hereby created within the department a behavioral health services advisory council, the purpose of which shall be to advise the offices of mental health and addiction services and supports on matters relating to the provision of behavioral health services…
§ 5.07 Establishment of statewide comprehensive plans of services for persons with mental disabilities. (a) (1) The behavioral health services advisory council and the advisory council on developmental disabilities shall provide recommendations for statewide priorities and goals to guide comprehensive planning, resourc…
§ 5.09 Facilities development corporation. (a) The facilities development corporation shall be entitled to exclusive possession, jurisdiction, supervision and control of all real property held for facilities operated by any of the offices of the department, such facilities being defined as mental hygiene facilities by…
TITLE B MENTAL HEALTH ACT Article 7 Office of mental health 9 Hospitalization of the mentally ill 10 Sex offenders requiring civil commitment or supervision
ARTICLE 7 OFFICE OF MENTAL HEALTH Section 7.01 Declaration of policy. 7.03 Definitions. 7.07 Office of mental health; scope of responsibilities. 7.09 Powers of the office and commissioner; how exercised. 7.11 Organization and administration of the office of mental health and its facilities. 7.13 Local services. 7.15 Pr…
§ 7.01 Declaration of policy. The state of New York and its local governments have a responsibility for the prevention and early detection of mental illness and for the comprehensively planned care, treatment and rehabilitation of their mentally ill citizens. Therefore, it shall be the policy of the state to conduct re…
§ 7.03 Definitions. As used in this title: 1. "Office" means the office of mental health. 2. "Commissioner" means the head of the office of mental health. 3. "Mental health peer" or "MHP" means an individual with lived-experience who is actively in recovery from a mental health condition and has self-disclosed their me…
§ 7.07 Office of mental health; scope of responsibilities. (a) The office of mental health is charged with the responsibility for assuring the development of comprehensive plans, programs, and services in the areas of research, prevention, and care, treatment, rehabilitation, education, and training of the mentally ill…
§ 7.09 Powers of the office and commissioner; how exercised. (a) The commissioner shall exercise all powers vested in the office. He may delegate any function, power, or duty assigned to him or to the office of mental health to a director of a facility operated by such office or to any other officer or employee of such…
§ 7.11 Organization and administration of the office of mental health and its facilities. (a) The commissioner shall have the professional jurisdiction, supervision, and control of the office and all department facilities for the mentally ill. (b) The commissioner shall control the organization of the office and may co…
§ 7.13 Local services. Local services for the mentally ill shall be planned, financed and implemented in accordance with the provisions of article forty-one of this chapter.
§ 7.15 Programs of the office of mental health. (a) The commissioner shall plan, promote, establish, develop, coordinate, evaluate, and conduct programs and services of prevention, diagnosis, examination, care, treatment, rehabilitation, training, and research for the benefit of the mentally ill. Such programs shall in…
§ 7.17 Programs, services, and operation of facilities in the office of mental health. (a) The commissioner shall establish policy and procedures for the organization, administration, and operation of the facilities under his jurisdiction. He shall make provision for the effective rendition of services to patients by s…
§ 7.18 Secure treatment facilities in the office. (a) There shall be in the office secure treatment facilities, as defined in subdivision (o) of section 10.03 of this title, as designated by the commissioner for the care and treatment of dangerous sex offenders requiring confinement, as described in article ten of this…
§ 7.19 Personnel of the office. (a) The commissioner or his or her designee may, within the amounts appropriated therefor, appoint and remove in accordance with law and applicable rules of the state civil service commission, such officers and employees of the office of mental health as are necessary for efficient admin…
§ 7.21 Directors of facilities. (a) The director of a facility under the jurisdiction of the office of mental health shall be its chief executive officer. Each such director shall be in the noncompetitive class and designated as confidential as defined by subdivision two-a of section forty-two of the civil service law…