Legislation

Search OpenLegislation Statutes
This entry was published on 2020-04-17
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1.03
Definitions
Mental Hygiene (MHY) CHAPTER 27, TITLE A, ARTICLE 1
§ 1.03 Definitions.

When used in this chapter, unless otherwise expressly stated or unless
the context otherwise requires:

1. "Department" means the department of mental hygiene of the state of
New York. Except as used in article five of this chapter, the term
"department" shall hereafter refer to an office of the department
created by section 5.01 of this chapter.

2. "Commissioner" means the commissioner of mental health, the
commissioner of developmental disabilities and the commissioner of
addiction services and supports as used in this chapter. Any power or
duty heretofore assigned to the commissioner of mental hygiene or to the
department of mental hygiene pursuant to this chapter shall hereafter be
assigned to the commissioner of mental health in the case of facilities,
programs, or services for individuals with mental illness, to the
commissioner of developmental disabilities in the case of facilities,
programs, or services for individuals with developmental disabilities,
to the commissioner of addiction services and supports in the case of
facilities, programs, or addiction disorder services in accordance with
the provisions of titles D and E of this chapter.

2-a. Notwithstanding any other section of law or regulation, on and
after the effective date of this subdivision, any and all references to
the office of alcoholism and substance abuse services and the
predecessor agencies to the office of alcoholism and substance abuse
services including the division of alcoholism and alcohol abuse and the
division of substance abuse services, shall be known as the "office of
addiction services and supports." Nothing in this subdivision shall be
construed as requiring or prohibiting the further amendment of statutes
or regulations to conform to the provisions of this subdivision.

3. "Mental disability" means mental illness, intellectual disability,
developmental disability, or an addictive disorder as defined in this
section.

4. "Services for persons with a mental disability" means examination,
diagnosis, care, treatment, rehabilitation, supports, habilitation or
training or as may be more specifically defined in this section.

5. "Provider of services" means an individual, association,
corporation, partnership, limited liability company, or public or
private agency, other than an agency or department of the state, which
provides services for persons with a mental disability. It shall not
include any part of a hospital as defined in article twenty-eight of the
public health law which is not being operated for the purpose of
providing services for the mentally disabled. No provider of services
shall be subject to the regulation or control of the department or one
of its offices except as such regulation or control is provided for by
other provisions of this chapter.

6. "Facility" means any place in which services for the mentally
disabled are provided and includes but is not limited to a psychiatric
center, developmental center, institute, clinic, ward, institution, or
building, except that in the case of a hospital as defined in article
twenty-eight of the public health law it shall mean only a ward, wing,
unit, or part thereof which is operated for the purpose of providing
services for the mentally disabled. It shall not include a place where
the services rendered consist solely of non-residential services for the
mentally disabled which are exempt from the requirement for an operating
certificate under article sixteen, thirty-one or thirty-two of this
chapter, nor shall it include domestic care and comfort to a person in
the home.

7. "Department facility" means a facility within one of the offices of
the department.

8. "Examining physician" means a physician licensed to practice
medicine in the state of New York.

9. "Certified psychologist" means a person who has been certified and
registered to practice psychology in the state of New York pursuant to
the education law.

* 10. "Hospital" means the in-patient services of a psychiatric center
under the jurisdiction of the office of mental health or other
psychiatric in-patient facility in the department, a psychiatric
in-patient facility maintained by a political subdivision of the state
for the care or treatment of the mentally ill, a ward, wing, unit, or
other part of a hospital, as defined in article twenty-eight of the
public health law, operated as a part of such hospital for the purpose
of providing services for the mentally ill pursuant to an operating
certificate issued by the commissioner of mental health, a comprehensive
psychiatric emergency program which has been issued an operating
certificate by such commissioner, or other facility providing in-patient
care or treatment of the mentally ill which has been issued an operating
certificate by such commissioner.

* NB Effective until July 1, 2024

* 10. "Hospital" means the in-patient services of a psychiatric center
under the jurisdiction of the office of mental health or other
psychiatric in-patient facility in the department, a psychiatric
in-patient facility maintained by a political subdivision of the state
for the care or treatment of the mentally ill, a ward, wing, unit, or
other part of a hospital, as defined in article twenty-eight of the
public health law, operated as a part of such hospital for the purpose
of providing services for the mentally ill pursuant to an operating
certificate issued by the commissioner of mental health, or other
facility providing in-patient care or treatment of the mentally ill
which has been issued an operating certificate by such commissioner.

* NB Effective July 1, 2024

11. "School" means the in-patient service of a developmental center or
other residential facility for individuals with developmental
disabilities under the jurisdiction of the office for people with
developmental disabilities or a facility for the residential care,
treatment, training, or education of individuals with developmental
disabilities which has been issued an operating certificate by the
commissioner of developmental disabilities.

12. "Addictive disorder" or "addiction disorder" for purposes of this
chapter means substance use disorder or gambling disorder as such terms
are defined in this section and derived from the most recent edition of
the diagnostic and statistical manual of mental disorders (DSM),
published by the American Psychiatric Association.

17. "Addiction treatment facility" or "Alcoholism facility" means an
in-patient, residential or outpatient facility in the department
suitable for the provision of addiction disorder services to persons
suffering from an addictive disorder and which has been issued an
operating certificate pursuant to article thirty-two of this chapter.

19. "Significant other" means a relative, close friend, associate or
individual otherwise concerned with the welfare of a person suffering
from an addictive disorder when that individual is directly affected by
the person's addictive disorder.

20. "Mental illness" means an affliction with a mental disease or
mental condition which is manifested by a disorder or disturbance in
behavior, feeling, thinking, or judgment to such an extent that the
person afflicted requires care, treatment and rehabilitation.

22. "Developmental disability" means a disability of a person which:

(a) (1) is attributable to intellectual disability, cerebral palsy,
epilepsy, neurological impairment, familial dysautonomia, Prader-Willi
syndrome or autism;

(2) is attributable to any other condition of a person found to be
closely related to intellectual disability because such condition
results in similar impairment of general intellectual functioning or
adaptive behavior to that of intellectually disabled persons or requires
treatment and services similar to those required for such person; or

(3) is attributable to dyslexia resulting from a disability described
in subparagraph one or two of this paragraph;

(b) originates before such person attains age twenty-two;

(c) has continued or can be expected to continue indefinitely; and

(d) constitutes a substantial handicap to such person's ability to
function normally in society.

23. "Patient" means a person receiving services for the mentally
disabled at a facility. It includes a resident at a school.

24. "Informal caregiver" means the family member, friends, neighbors,
or other natural person who normally provides the daily care or
supervision of a mentally disabled person. Such informal caregiver may,
but need not reside in the same household as the mentally disabled
person.

26. "Infant" or "minor" means a person who has not attained the age of
eighteen years.

27. "Aftercare services" means services for persons no longer
receiving in-patient services for the mentally disabled and may include,
but shall not be limited to, medical care, including psychiatric care,
and vocational and social rehabilitation.

28. "Community residence" means any facility operated by or subject to
licensure by the office of mental health or the office for people with
developmental disabilities which provides a supervised residence or
residential respite services for individuals with mental disabilities
and a homelike environment and room, board and responsible supervision
for the habilitation or rehabilitation of individuals with mental
disabilities as part of an overall service delivery system. A community
residence shall include an intermediate care facility with fourteen or
fewer residents that has been approved pursuant to law, and a community
residential facility as that term is used in section 41.36 of this
chapter. Such term does not include family care homes.

28-a. "Supervised living facility" means a community residence
providing responsible supervisory staff on-site twenty-four hours per
day for the purpose of enabling residents to live as independently as
possible.

28-b. "Supportive living facility" means a community residence
providing practice in independent living under supervision but not
providing staff on-site on a twenty-four hour per day basis.

30. "Conditional release" means release subject to the right of the
school, hospital, or alcoholism facility to return the patient to
in-patient care pursuant to the conditions set forth in section 29.15 of
this chapter.

31. "Discharge" means release and the termination of any right to
retain or treat the patient on an in-patient basis. The discharge of
such a patient shall not preclude the patient from receiving necessary
services on other than an in-patient basis nor shall it preclude
subsequent readmission as an in-patient if made in accordance with
article nine, fifteen, or twenty-two of this chapter.

32. "Conference" means the New York state conference of local mental
hygiene directors as established pursuant to section 41.10 of this
chapter.

33. "Residential treatment facility for children and youth" shall mean
an inpatient psychiatric facility which provides active treatment under
the direction of a physician for individuals who are under twenty-one
years of age, provided that a person who, during the course of
treatment, attains the age of twenty-one may continue to receive
services in a residential treatment facility for children and youth
until he or she reaches the age of twenty-two. The term "residential
treatment facility for children and youth" does not apply to the
children's psychiatric centers described in section 7.17 of this chapter
or to facilities specifically licensed by the office of mental health as
children's hospitals. Residential treatment facilities for children and
youth are a sub-class of the class of facilities defined to be
"hospitals" in subdivision ten of this section.

34. "Authorized agency" shall have the meaning defined in section
three hundred seventy-one of the social services law.

35. "Social services official" shall have the meaning defined in
section two of the social services law.

36. "Residential care center for adults" means a facility which
provides long term residential care and support services to mentally ill
adults, provides case management and medication management services, and
assists residents in securing clinical, vocational and social services
necessary to enable the resident to continue to live in the community.
No residential care center for adults established after September first,
nineteen hundred eighty-six shall have more than one hundred fifty
residents. A residential care center for adults is not an adult care
facility subject to licensure by the department of social services, nor
is it an inpatient treatment facility.

* 37. "Comprehensive psychiatric emergency program" means a program
which is licensed by the office of mental health to provide a full range
of psychiatric emergency services within a defined geographic area to
persons who are believed to be mentally ill and in need of such
services, and which shall include crisis intervention services, crisis
outreach services, crisis residence services, extended observation beds,
and triage and referral services, as such terms are defined in section
31.27 of this chapter.

* NB Repealed July 1, 2024

38. "Residential services facility" or "Alcoholism community
residence" means any facility licensed or operated pursuant to article
thirty-two of this chapter which provides residential services for the
treatment of an addiction disorder and a homelike environment, including
room, board and responsible supervision as part of an overall service
delivery system.

* 39. "Substance" shall mean:

(i) any controlled substance listed in section thirty-three hundred
six of the public health law;

(ii) any substance listed in section thirty-three hundred eighty of
the public health law;

(iii) any substance, except alcohol and tobacco, as listed in the
published rules of the office which has been certified to the
commissioner by the commissioner of health as having the capability of
causing physical and/or psychological dependence. Notice of a proposed
rule listing any such substance shall be given to the speaker of the
assembly and the temporary president of the senate. The commissioner
shall consider the advice and recommendations of the legislature and
shall hold a public hearing prior to listing any substance in its
published rules.

* NB There are 2 sub 39's

* 39. "Employee assistance program" means a confidential program
designed to assist employees and their families, through identification,
motivation referral, and follow-up, with problems that may interfere
with the employees' ability to perform on the job effectively,
efficiently and safely. Such problems include addictive disorders,
emotional, marital, family, and other personal problems.

* NB There are 2 sub 39's

42. "Substance use disorder program" or "Substance abuse program"
shall mean any public or private person, corporation, partnership,
agency, either profit or non-profit, or state or municipal government
which provides substance use disorder services, in either a residential
or ambulatory setting, to persons in need of services for the prevention
of, or treatment and recovery from a substance use disorder. Any person
or entity providing such services as a minor part of a general health or
counseling unit subject to regulations promulgated by the commissioner
and other appropriate agencies shall not be considered a substance use
disorder program.

46. "Record" of a patient or client shall consist of admission,
transfer or retention papers and orders, and accompanying data required
by this article and the regulations of the commissioner.

47. "Director of community services" shall mean the director of
community services for the mentally disabled appointed pursuant to this
chapter.

48. "Practitioner" shall mean a physician, dentist, podiatrist,
veterinarian, scientific investigator, or other person licensed, or
otherwise permitted to dispense, administer or conduct research with
respect to a controlled substance in the course of a licensed
professional practice or research licensed pursuant to this article.
Such person shall be deemed a "practitioner" only as to such substances,
or conduct relating to such substances, as is permitted by his license,
permit or otherwise permitted by law.

49. "Prescription" shall mean an official New York state prescription,
a written prescription or an oral prescription.

50. "Controlled substance" shall mean the definition of "controlled
substance" as contained in section thirty-three hundred two of the
public health law.

52. "Persons with serious mental illness" means individuals who meet
criteria established by the commissioner of mental health, which shall
include persons who are in psychiatric crisis, or persons who have a
designated diagnosis of mental illness under the most recent edition of
the Diagnostic and Statistical Manual of Mental Disorders and whose
severity and duration of mental illness results in substantial
functional disability. Persons with serious mental illness shall include
children and adolescents with serious emotional disturbances.

53. "Children and adolescents with serious emotional disturbances"
means individuals under eighteen years of age who meet criteria
established by the commissioner of mental health, which shall include
children and adolescents who are in psychiatric crisis, or children and
adolescents who have a designated diagnosis of mental illness under the
most recent edition of the Diagnostic and Statistical Manual of Mental
Disorders and whose severity and duration of mental illness results in
substantial functional disability.

54. "Gambling disorder" means an addictive disorder, as defined by the
most recent edition of the diagnostic and statistical manual of mental
disorders (DSM), published by the American Psychiatric Association,
characterized by repeated problematic gambling behavior which causes
significant problems or distress. Unless otherwise provided, for the
purposes of this chapter, the term gambling disorder shall mean and
include compulsive gambling, pathological gambling or problem gambling.

55. "Addiction disorder services" or "addiction services" shall mean
engagement to treatment, examination, evaluation, diagnosis, care,
treatment, rehabilitation, relapse prevention and recovery maintenance,
and related education and training of persons suffering from or
recovering from an addictive disorder and their significant others.
Unless otherwise provided, for the purposes of this chapter, the term
addiction disorder services shall mean and include "chemical dependence
services," alcoholism and/or substance abuse services, substance use
disorder services, substance dependence, and gambling disorder services.

56. "Substance use disorder" means recurrent use of alcohol and/or
legal or illegal drugs causing clinical and functionally significant
impairment to the individual's physical and mental health, or the
welfare of others. Unless otherwise provided, for the purposes of this
chapter the term substance use disorder shall mean and include
alcoholism, alcohol abuse, drug abuse, substance abuse, substance
dependence, chemical abuse, and/or chemical dependence.

58. "Behavioral health services" means examination, diagnosis, care,
treatment, rehabilitation, or training for persons with mental illness,
or addictive disorders.