N.Y. Mental Hygiene Law § 47.03: Functions, powers and duties of the service

§ 47.03 Functions, powers and duties of the service.

The mental hygiene legal service in each judicial department of the

state shall perform the following duties:

(a) To study and review the admission and retention of all patients or

residents which shall include a review of the willingness of the patient

or resident to remain in his or her status and the determination of the

facility director as to suitability of such status, as provided for by

this chapter;

(b) To inform patients or residents and, in proper cases, others

interested in such persons' welfare of procedures for admission and

retention and of the patients' or residents' right to have judicial

hearing and review, to be represented by legal counsel, and to seek

independent medical opinion;

* (c) To provide legal services and assistance to patients or

residents and their families related to the admission, retention, and

care and treatment of such persons, to provide legal services and

assistance to subjects of a petition or patients subject to section 9.60

of this chapter, and to inform patients or residents, their families

and, in proper cases, others interested in the patients' or residents'

welfare of the availability of other legal resources which may be of

assistance in matters not directly related to the admission, retention,

and care and treatment of such patients or residents;

* NB Effective until June 30, 2027

* (c) To provide legal services and assistance to patients or

residents and their families related to the admission, retention, and

care and treatment of such persons, and to inform patients or residents,

their families and, in proper cases, others interested in the patients'

or residents' welfare of the availability of other legal resources which

may be of assistance in matters not directly related to the admission,

retention, and care and treatment of such patients or residents;

* NB Effective June 30, 2027

(d) To be granted access at any and all times to any facility or place

or part thereof described in subdivision (a) of section 47.01 of this

article, and to all books, records and data pertaining to any such

facility or place deemed necessary for carrying out its functions,

powers and duties. The mental hygiene legal service may require from the

officers or employees of such facility or place any information deemed

necessary for the purpose of carrying out the service's functions,

powers and duties. Information, books, records or data which are

confidential and any limitations on the release thereof imposed by law

upon the party furnishing the information, books, records or data shall

apply to the service. Provided, however, whenever federal regulations

restrict, or as a condition of federal aid require that a facility

restrict the release of information contained in the clinical record of

a patient or client, or restrict disclosure of the identity of a patient

or access to that patient, to a greater extent than is allowed under

this section, the provisions of such federal law or federal regulation

shall be controlling;

(e) To initiate and take any legal action deemed necessary to

safeguard the right of any patient or resident to protection from abuse

or mistreatment, which may include investigation into any such

allegations of abuse or mistreatment of any such patient or resident;

and

(f) To provide legal services and assistance in accordance with

article ten of this chapter.