N.Y. Mental Hygiene Law § 7.09: Powers of the office and commissioner; how exercised

§ 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 office, unless

otherwise provided by law. He may enter into agreements with the

executive director of the justice center for the protection of people

with special needs or the other commissioners of the department in order

to ensure that programs and services are provided for all of the

mentally disabled.

(b) The commissioner may adopt regulations necessary and proper to

implement any matter under his jurisdiction. Proposed rules and

regulations shall be submitted at least sixty days prior to action

thereon to the mental health services council for its advice, in

accordance with section 7.05 of this chapter, unless the commissioner

finds that the public health, safety or general welfare requires that

such submission be dispensed with.

(c) The commissioner shall administer the forensic psychiatric program

of the office. Commitments to the commissioner of mental hygiene

pursuant to the provisions of the criminal procedure law and the

correction law shall be deemed to be commitments to the custody of the

commissioner of mental health or the commissioner of developmental

disabilities, as appropriate. The commissioner of mental health shall

arrange with the commissioner of developmental disabilities for the

placement, where appropriate, of any such committed person in a school.

(d) The commissioner and directors of office facilities may request

and upon such request the coroner, coroner's physician or medical

examiner shall provide to such persons access to original autopsy

slides, tissue materials and specimens derived from any autopsy or

inquiry with respect to the death of a patient or resident in a mental

hygiene facility, as defined in subdivision two of section five hundred

fifty of the executive law. Such original materials shall be preserved

intact, except for unavoidable changes due to necessary scientific

testing, and shall be returned to the coroner, coroner's physician or

medical examiner.

(e) The commissioner shall accept custody of a juvenile under an order

issued by the family court pursuant to the provisions of section 322.2

of the family court act. He or she may place the juvenile in any

appropriate facility or program under his or her jurisdiction, but he or

she shall comply with any order requiring treatment in a residential

facility made pursuant to paragraph (c) of subdivision five of section

322.2 of the family court act, unless, after a hearing held in

accordance with subdivision seven of section 322.2 of the family court

act, the court modifies the order. In determining the appropriate

placement, the commissioner shall be furnished with a copy of the

findings of the court pursuant to subdivision four or five of section

322.2 of the family court act and shall consider the nature of the act

alleged in such findings and the level of the juvenile's mental

disability. The commissioner shall review the condition of the juvenile

in accordance with the requirements of section 322.2 of the family court

act and he or she may petition the family court at any time for any

relief authorized by such section.

(f) The commissioner may approve special employment programs which are

operated by facilities within the office of mental health, for purposes

of producing products and services for procurement by the state or any

governmental agency, political subdivision or public benefit corporation

thereof, in accordance with the provisions of sections one hundred

seventy-five-a and one hundred seventy-five-b of the state finance law.

The term "special employment program" shall have the same meaning as

such term is defined in section one hundred seventy-five-c of the state

finance law.

(g) The commissioner shall work cooperatively with the commissioner of

the office for people with developmental disabilities and the

commissioner of the office of temporary and disability assistance to

assist the commissioner of education in furnishing integrated employment

services to individuals with severe disabilities, including the

development of an integrated employment implementation plan, pursuant to

article twenty-one of the education law.

(h) The commissioner shall promulgate rules and regulations to address

the communications needs of non-English speaking individuals seeking or

receiving services in facilities operated or licensed by the office in

order to facilitate their access to services. Such rules and regulations

shall include, but not be limited to, reasonable means to accommodate

the language capabilities and preferences of non-English speaking

individuals in such facilities where a significant number of non-English

speaking individuals seek or receive services.

(i) The commissioner of mental health shall be authorized to have

access to criminal history information contained in the central data

facility established by the division of criminal justice services, upon

such terms and conditions as the commissioner of mental health and the

commissioner of the division of criminal justice services shall agree.

The report containing such criminal history information may be

summarized for inclusion in the patient's clinical record, however, such

report shall be destroyed within fourteen days of its receipt. Such

information shall be used for purposes of making decisions regarding

care and treatment, health and safety, privileges and discharge planning

for patients admitted to or retained in hospitals operated by the office

of mental health. The commissioner of mental health shall promulgate

standards regarding the use of such information, which may include, but

not be limited to, consideration of the type of offense and the date of

conviction, and its relevance to care and treatment, health and safety,

privileges and discharge planning. Patients shall be given written

notice that their criminal history information will be obtained by the

hospital, that the opportunity exists to request the correction of any

inaccurate criminal history information in accordance with the

regulations of the division of criminal justice services, and that the

opportunity exists to challenge the accuracy of such information

maintained in the patients' clinical record to the extent authorized by

section 33.16 of this chapter. Such information shall be kept

confidential to the extent required under applicable federal and state

law, including section 33.13 of this chapter.

(j) (1) The commissioner, in cooperation with other applicable state

agencies, shall collect, retain or modify data or records, and shall

transmit such data or records: (i) to the division of criminal justice

services, or to the criminal justice information services division of

the federal bureau of investigation, for the purposes of responding to

queries to the national instant criminal background check system

regarding attempts to purchase or otherwise take possession of firearms,

as defined in 18 USC 921(a)(3), in accordance with applicable federal

laws or regulations, or (ii) to the division of criminal justice

services, which may re-disclose such data and records only for

determining whether a license issued pursuant to section 400.00 of the

penal law should be denied, suspended or revoked, under subdivision

eleven of such section, or for determining whether a person is no longer

permitted under federal or state law to possess a firearm. Such records,

which may not be used for any other purpose, shall include only names

and other non-clinical identifying information of persons who have been

involuntarily committed to a hospital pursuant to article nine of this

chapter, or section four hundred two or subdivision two of section five

hundred eight of the correction law, or article seven hundred thirty or

section 330.20 of the criminal procedure law or sections 322.2 or 353.4

of the family court act, or to a secure treatment facility pursuant to

article ten of this chapter.

(2) The commissioner shall establish within the office of mental

health an administrative process to permit a person who has been or may

be disqualified from possessing such a firearm pursuant to 18 USC

922(4)(d) or who has been or may be disqualified from continuing to have

a license to carry, possess, repair, or dispose of a firearm under

section 400.00 of the penal law because such person was involuntarily

committed or civilly confined to a facility under the jurisdiction of

the commissioner, to petition for relief from that disability where such

person's record and reputation are such that such person will not be

likely to act in a manner dangerous to public safety and where the

granting of the relief would not be contrary to public safety. The

commissioner shall promulgate regulations to establish the relief from

disabilities program, which shall include, but not be limited to,

provisions providing for: (i) an opportunity for a disqualified person

to petition for relief in writing; (ii) the authority for the agency to

require that the petitioner undergo a clinical evaluation and risk

assessment; and (iii) a requirement that the agency issue a decision in

writing explaining the reasons for a denial or grant of relief. The

denial of a petition for relief from disabilities may be reviewed de

novo pursuant to the proceedings under article seventy-eight of the

civil practice law and rules.

* (k) Notwithstanding any other law, rule or regulation, on request by

a representative of a cemetery organization or funeral establishment,

the commissioner and directors of office facilities shall release to the

representative the name, date of birth, or date of death of a person who

was a patient at the facility when the person died, unless the person or

the person's guardian provided written instructions to the facility not

to release such person's name or dates of birth and death. A

representative of a cemetery organization or a funeral establishment may

use a name or date released under this subdivision only for the purpose

of inscribing the name or date on a grave marker.

* NB There are 2 sb (k)'a

* (k) The commissioner shall develop clear and detailed definitions of

at least four categories of types of injuries that a staff member or

person confined may experience as the result of an assault by or an

altercation between a person confined and any staff member or other

person confined in state forensic psychiatric centers as such term is

defined in section 7.17 of this article. On at least a quarterly basis

beginning in January of each year, the commissioner shall report to the

legislature on the number of types of injuries within the detailed

categories required by this subdivision.

* NB There are 2 sb (k)'a

(l) Notwithstanding any general or special law to the contrary, the

commissioner, in conjunction with the commissioner of the office of

addiction services and supports and the director of the department of

veterans' services shall develop a public education initiative designed

to eliminate stigma and misinformation about mental illness and

substance use among service members, veterans, and their families,

improve their understanding of mental and substance use disorders and

the existence of effective treatment, and provide information regarding

available resources and how to access them. These public education

initiatives may include the use of the internet, including the use of

social networking sites.

(m) The commissioner shall publish on the website of the office

information regarding the mental illness anti-stigma distinctive license

plate established under section four hundred four-dd of the vehicle and

traffic law. Such information shall include, but not be limited to, a

link to the department of motor vehicle website where an individual may

order such license plate.