New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 584 - Operation Of Residential Treatment Facilities For Children And Youth
Section 584.2 - Legal base
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Sections 7.09 and 31.04 of the Mental Hygiene Law grant the Commissioner of Mental Health the power and responsibility to adopt regulations that are necessary and proper to implement matters under their jurisdiction and to set standards of quality and adequacy of facilities, equipment, personnel, services, records and programs for the rendition of services for persons with mental illness, pursuant to an operating certificate.
(b) Section 31.26 of the Mental Hygiene Law provides for the establishment of the subclass of hospitals known as residential treatment facilities for children and youth which provide active treatment under the direction of a physician for individuals who are under 21 years of age.
(c) Section 31.02 of the Mental Hygiene Law prohibits any individual, association, corporation or public or private agency from operating a residential facility, hospital or institution for the examination, diagnosis, care, treatment, rehabilitation or training of persons with mental illness unless an operating certificate has been obtained from the commissioner of the Office of Mental Health.
(d) Sections 31.05, 31.07, 31.09, 31.11 and 31.19 of the Mental Hygiene Law authorize the commissioner or their representative to examine and inspect such facilities to determine their suitability and operation. Sections 31.16 and 31.17 authorize the commissioner to suspend, revoke or limit any operating certificate.
