New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 598 - Integrated Outpatient Services
Section 598.2 - Legal base
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 598.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Office of Mental Health.
(1) Section 7.09 of the Mental Hygiene Law (MHL) grants
the Commissioner of Mental Health the power and responsibility to adopt
regulations that are necessary and proper to implement matters under his or her
jurisdiction.
(2) Section 7.15 of
the MHL charges the Commissioner of Mental Health with the responsibility for
planning, promoting, establishing, developing, coordinating, evaluating and
conducting programs and services of prevention, diagnosis, examination, care,
treatment, rehabilitation, training, and research for the benefit of persons
with mental illness. Such law further authorizes the commissioner to take all
actions that are necessary, desirable, or proper to carry out the statutory
purposes and objectives of the Office of Mental Health, including undertaking
activities in cooperation and agreement with other offices within the
Department of Mental Hygiene, as well as with other departments or agencies of
State government.
(3) Section 31.04
of the MHL authorizes the Commissioner of Mental Health to set standards of
quality and adequacy of facilities, equipment, personnel, services, records and
programs for the rendition of services for adults diagnosed with mental illness
or children diagnosed with emotional disturbance, pursuant to an operating
certificate.
(4) Sections 31.07,
31.09, 31.13, and 31.19 of the MHL authorize the Commissioner of Mental Health
or his or her representatives to examine and inspect such programs to determine
their suitability and proper operation. Section 31.16 authorizes such
commissioner to suspend, revoke or limit any operating certificate, under
certain circumstances.
(5) Section
31.11 of the MHL requires every holder of an operating certificate to assist
the Office of Mental Health in carrying out its regulatory functions by
cooperating with the Commissioner of Mental Health in any inspection or
investigation, permitting such commissioner to inspect its facility, books and
records, including recipients' records, and making such reports, uniform and
otherwise, as are required by such commissioner.
(6) Article 33 of the MHL establishing basic
rights of persons diagnosed with mental illness.
(7) Sections 364 and
364-a of the Social Services Law give the
Office of Mental Health responsibility for establishing and maintaining
standards for medical care and services in facilities under its jurisdiction,
in accordance with cooperative arrangements with the Department of
Health.
(b) Department of Health.
Section 2803 of the Public Health Law (PHL) authorizes the Public Health and Health Planning Council to adopt and amend rules and regulations, subject to the approval of the commissioner, to implement the provisions of PHL article 28, and to establish minimum standards governing the operation of health care facilities.
(c) Office of Alcoholism and Substance Abuse Services.
(1) Section 19.07 (c) of the Mental
Hygiene Law (MHL) charges the Commissioner of the Office of Alcoholism and
Substance Abuse Services with the responsibility to ensure that persons who
abuse or are dependent on alcohol and/or substances and their families are
provided with care and treatment that is effective and of high
quality.
(2) Section 19.07(e) of the
MHL authorizes the Commissioner of the Office of Alcoholism and Substance Abuse
Services to adopt standards including necessary rules and regulations
pertaining to chemical dependence treatment services.
(3) Section 19.09(b) of the MHL authorizes
the Commissioner of the Office of Alcoholism and Substance Abuse Services to
adopt regulations necessary and proper to implement any matter under his/her
jurisdiction.
(4) Section 19.21(b)
of the MHL requires the Commissioner of the Office of Alcoholism and Substance
Abuse Services to establish and enforce regulations concerning the licensing,
certification, and inspection of chemical dependence treatment
services.
(5) Section 19.21(d) of
the MHL requires the Office of Alcoholism and Substance Abuse Services to
establish reasonable performance standards for providers of services certified
by the office.
(6) Section 19.40 of
the MHL authorizes the Commissioner of the Office of Alcoholism and Substance
Abuse Services to issue operating certificates for the provision of chemical
dependence treatment services.
(7)
Section 32.01 of the MHL authorizes the Commissioner of the Office of
Alcoholism and Substance Abuse Services to adopt any regulation reasonably
necessary to implement and effectively exercise the powers and perform the
duties conferred by article 32 of the MHL.
(8) Section 32.07(a) of the MHL authorizes
the Commissioner of the Office of Alcoholism and Substance Abuse Services to
adopt regulations to effectuate the provisions and purposes of article 32 of
the MHL.
(9) Section 32.05(b) of the
MHL provides that a controlled substance designated by the Commissioner of
Health as appropriate for such use may be used by a physician to treat a
chemically dependent individual pursuant to section 32.09(b) of the
MHL.
(10) Section 32.09(b) of the
MHL provides that the Commissioner of the Office of Alcoholism and Substance
Abuse Services may, once a controlled substance is approved by the Commissioner
of Health as appropriate for such use, authorize the use of such controlled
substance in treating a chemically dependent individual.
(d) Pursuant to section 365-1(7) of the Social Services Law and part L of chapter 56 of the Laws of 2012, the Commissioners of the Office of Mental Health, Office of Alcoholism and Substance Abuse Services and Department of Health are jointly authorized to establish operating, reporting and construction requirements, as well as joint survey requirements and procedures for entities operating under the auspices of one or more such agencies in order to integrate the delivery of health and behavioral health services in an efficient and effective manner.
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