New York Mental Hygiene Law Article 31 - REGULATION AND QUALITY CONTROL OF SERVICES FOR THE MENTALLY DISABLED

• 31.01 - Evaluation of Services for the Mentally Disabled.
  31.01 Evaluation of services for the mentally disabled. (a) The commissioner shall ensure that all services for the mentally disabled, whether provided by the department,...
• 31.02 - Operating Certificate Required.
  31.02 Operating certificate required. (a) Except as provided in subdivision (b) of this section no provider of services shall engage in any of the following...
• 31.03 - Operating Certificates for Family Care Homes.
  31.03 Operating certificates for family care homes. (a) No provider of services as a family care home for mentally disabled persons shall engage in any...
• 31.04 - Regulatory Powers of the Commissioner.
  31.04 Regulatory powers of the commissioner. (a) The commissioner shall have the power to adopt regulations to effectuate the provisions and purposes of this article,...
• 31.05 - Issuance of an Operating Certificate.
  31.05 Issuance of an operating certificate. (a) No operating certificate shall be issued by the commissioner unless the commissioner finds: 1. that the premises, equipment,...
• 31.06 - Child Abuse Prevention.
  31.06 Child abuse prevention. All facilities described in subdivision (a) of section 31.02 of this article, shall, pursuant to regulations of the commissioner: (i) develop,...
• 31.07 - Investigations and Inspections.
  31.07 Investigations and inspections. The commissioner shall have the power to conduct investigations into the operations of providers of services which are required by this...
• 31.08 - Compliance With Operational Standards by General Hospitals.
  31.08 Compliance with operational standards by general hospitals. (a) Notwithstanding the provisions of section 31.07 of this article, with respect to a general hospital, as...
• 31.09 - Powers of the Department Regarding Investigation and Inspection.
  31.09 Powers of the department regarding investigation and inspection. (a) In conducting an investigation or inspection, the commissioner or his authorized representative shall have the...
• 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...
• 31.13 - Powers of Subpoena and Examination.
  31.13 Powers of subpoena and examination. In conducting any investigation, inspection, or hearing under this chapter, the commissioner and his authorized representative are empowered to...
• 31.16 - Suspension, Revocation, or Limitation of an Operating Certificate and Imposition of Fines by the Commissioner of Mental Health.
  31.16 Suspension, revocation, or limitation of an operating certificate and imposition of fines by the commissioner of mental health. (a) The commissioner of mental health...
• 31.17 - Formal Hearings; Procedure.
  31.17 Formal hearings; procedure. (a) When a hearing must be afforded pursuant to this chapter, the hearing shall be held without undue delay and all...
• 31.19 - Confinement, Care, and Treatment of the Mentally Disabled.
  31.19 Confinement, care, and treatment of the mentally disabled. (a) No individual who is or appears to be mentally disabled shall be detained, deprived of...
• 31.20 - Temporary Operator.
  * 31.20 Temporary operator. (a) For the purposes of this section: (1) "Established operator" shall mean the operator of a mental health program that has...
• 31.21 - Injunction and Temporary Restraining Order.
  31.21 Injunction and temporary restraining order. (a) The supreme court may enjoin violations or threatened violations of any provision of this article or violations of...
• 31.22 - Approval of Certain Certificates of Incorporation or Articles of Organization; Granting of Operating Certificates.
  31.22 Approval of certain certificates of incorporation or articles of organization; granting of operating certificates. (a) No certificate of incorporation of a business or not-for-profit...
• 31.23 - Approval of New Construction.
  31.23 Approval of new construction. (a) As used or referred to in this section, unless a different meaning clearly appears from the context: "Facility" is...
• 31.25 - Residential Services for Treatment of Eating Disorders.
  31.25 Residential services for treatment of eating disorders. The commissioner shall establish, pursuant to regulation, licensed residential providers of treatment and/or supportive services to children,...
• 31.26 - Residential Treatment Facilities for Children and Youth.
  31.26 Residential treatment facilities for children and youth. (a) The commissioner may authorize the operation of residential treatment facilities for children and youth. Such residential...
• 31.27 - Comprehensive Psychiatric Emergency Programs.
  * 31.27 Comprehensive psychiatric emergency programs. (a) As used in this section: (1) "Commissioner" means the commissioner of mental health. (2) "Crisis intervention services" means...
• 31.28 - Facilities; Receivership.
  31.28 Facilities; receivership. (a) The owner or owners of any facility may at any time request the office to take over the operation of such...
• 31.29 - Monthly Personal Allowances.
  31.29 Monthly personal allowances. (a) Each resident of a residential care center for adults shall be entitled to retain out of his or her income,...
• 31.30 - Abuse, Neglect, and Significant Incidents Involving Vulnerable Persons.
  31.30 Abuse, neglect, and significant incidents involving vulnerable persons. (a) The commissioner in consultation with the executive director of the justice center for the protection...
• 31.31 - Improper Expenditure of Moneys.
  31.31 Improper expenditure of moneys. (a) No provider of services licensed pursuant to this article shall make any charitable contribution of state moneys, medical assistance...
• 31.33 - Mental Health Special Needs Plans.
  * 31.33 Mental health special needs plans. The commissioner, jointly with the commissioner of health, shall be authorized to issue a certificate of authority to...
• 31.35 - Review of Criminal History Information Concerning Certain Prospective Employees.
  31.35 Review of criminal history information concerning certain prospective employees. (a) Every provider of services who contracts with or is approved or otherwise authorized by...
• 31.37 - Mental Health Incident Review Panels.
  31.37 Mental health incident review panels. (a) The commissioner is authorized to establish, on his or her own accord or pursuant to a request by...

Last modified: February 3, 2019