N.Y. Mental Hygiene Law § 31.11: Certain duties of providers of services

§ 31.11 Certain duties of providers of services.

It shall be the duty of every holder of an operating certificate, or

program funded or administered by the office of mental health to assist

the department and the commission on quality of care for the mentally

disabled in carrying out their respective regulatory and oversight

functions by:

1. complying with the applicable provisions of this chapter, other

applicable laws, and the regulations of the commissioner.

2. making such reports as are necessary to provide notification to the

district attorney or other appropriate law enforcement official and the

commissioner or his or her authorized representative as soon as

possible, or in any event within three working days, if it appears that

a crime may have been committed against a patient receiving services

from such provider, unless it appears that the crime includes an

employee, intern, volunteer, consultant, contractor, or visitor and the

alleged conduct caused physical injury or the patient was subject to

unauthorized sexual contact, or if it appears the crime is endangering

the welfare of an incompetent or physically disabled person pursuant to

section 260.25 of the penal law, or if the crime was any felony under

state or federal law, then the district attorney or other appropriate

law enforcement official must be contacted immediately, and in any event

no later than twenty-four hours and such other reports, uniform and

otherwise, as are required by the commissioner or his or her authorized

representative with respect to its operations. If there is reasonable

cause to believe that the crime against the client may have occurred in

a facility or program of any other service provider licensed, certified,

funded or operated by a state agency, the administrator or chief

executive officer of such other service provider shall also be notified

as soon as possible, or in any event within three working days. Provided

however, nothing herein shall require such report to an administrator or

chief executive officer of a provider who is alleged to have committed

the crime. The commissioner may execute a memorandum of understanding

with the commissioners of other appropriate state agencies to ensure the

coordination and cooperation of such agencies and providers of services

with regard to the conduct of any investigation and prevention of

unnecessary duplicative investigations resulting from the report of an

alleged crime that may have occurred in a facility or program of another

service provider. Information obtained by the commissioner or the

commission on quality of care for the mentally disabled from the records

of patients receiving services shall be kept confidential in accordance

with the provisions of this chapter.

3. cooperating with the commissioner or his or her authorized

representative and the commission on quality of care for the mentally

disabled or any representative authorized by the chair of such

commission in any investigation or inspection conducted by the

department of mental hygiene or commission on quality of care for the

mentally disabled.

4. permitting the commissioner or his or her authorized representative

and the commission on quality of care for the mentally disabled or any

representative authorized by the chair of such commission to inspect its

facility and all books and records, including patient records, kept by

it and to interview and examine any patient at its facility except that

no such patient may be examined against his or her will.

5. providing, to the office of mental health, in a form or format

requested by the commissioner, records requested by such office relating

to persons as described in subdivision (j) of section 7.09 of this

chapter who may be disqualified from possessing a firearm pursuant to 18

USC 922(4)(d).