§ 13.09 Powers of the office and commissioner; how exercised.

(a) The commissioner shall exercise all powers vested in the office.
He or she may delegate any function, power, or duty assigned to him or
her or to the office to any officer or employee of the office, unless
otherwise provided by law. He or she may enter into agreements with
other commissioners of the department in order to ensure that programs
and services are provided for all of the mentally disabled.

(b) The commissioner shall adopt rules and regulations necessary and
proper to implement any matter under his jurisdiction. In promulgating
rules and regulations, the commissioner shall comply with the
requirements of subdivision (e) of section 13.05 of this article.

(c) 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.

(c-1) 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.

(d) The commissioner shall work cooperatively with the commissioner of
the office of mental health 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.

(e) 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.

(f) 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.

(g) (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 to: (i) 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, for the purposes of 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 shall include only names and other
non-clinical identifying information of persons who have had a guardian
appointed for them pursuant to any provision of state law, based on a
determination that as a result of marked subnormal intelligence, mental
illness, incapacity, condition or disease, they lack the mental capacity
to contract or manage their own affairs, and persons who have been
involuntarily committed to a facility pursuant to article fifteen of
this chapter, 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.

(2) The commissioner shall establish within the office for people with
developmental disabilities 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.

(h) The commissioner shall be authorized to have access to criminal
history information, as defined in paragraph (c) of subdivision one of
section eight hundred forty-five-b of the executive law, contained in
the central data facility established by the division of criminal
justice services, upon such terms and conditions as the commissioner 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 individual'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 individuals admitted to or retained in a school, as defined in
section 15.03 of this title, operated by the office. The commissioner
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, if any, to care and
treatment, health and safety and discharge planning. Individuals shall
be given written notice that their criminal history information will be
obtained by the school, that the opportunity exists to request such
criminal history information and seek 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
individual's 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.

(i) The commissioner, in consultation with the commissioner of mental
health, shall develop and implement a public awareness campaign that
combats the discrimination, stigma and stereotyping of individuals with
developmental disabilities across the state. Such campaign shall utilize
public forums, social media and mass media, including but not limited to
internet, radio, and print advertising and shall include educational
materials and information on the office's website. The campaign shall be
tailored to educate the general public about developmental disabilities
and shall also highlight the accomplishments and contributions of
individuals with developmental disabilities to the state and their
respective communities. The office shall consult with stakeholders and
consumer advocates to ensure such campaign is culturally competent and
linguistically appropriate. Such campaign shall end on December
thirty-first, two thousand twenty-three.