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This entry was published on 2014-09-22
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SECTION 31.11
Certain duties of providers of services
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 31
§ 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 the office of mental health to assist
the department and the commission on quality of care for the mentally
disabled in carrying out their respective regulatory and oversight
functions by:

1. complying with the applicable provisions of this chapter, other
applicable laws, and the regulations of the commissioner.

2. making such reports as are necessary to provide notification to the
district attorney or other appropriate law enforcement official and the
commissioner or his or her authorized representative as soon as
possible, or in any event within three working days, if it appears that
a crime may have been committed against a patient receiving services
from such provider, unless it appears that the crime includes an
employee, intern, volunteer, consultant, contractor, or visitor and the
alleged conduct caused physical injury or the patient was subject to
unauthorized sexual contact, or if it appears the crime is endangering
the welfare of an incompetent or physically disabled person pursuant to
section 260.25 of the penal law, or if the crime was any felony under
state or federal law, then the district attorney or other appropriate
law enforcement official must be contacted immediately, and in any event
no later than twenty-four hours and such other reports, uniform and
otherwise, as are required by the commissioner or his or her authorized
representative with respect to its operations. If there is reasonable
cause to believe that the crime against the client may have occurred in
a facility or program of any other service provider licensed, certified,
funded or operated by a state agency, the administrator or chief
executive officer of such other service provider shall also be notified
as soon as possible, or in any event within three working days. Provided
however, nothing herein shall require such report to an administrator or
chief executive officer of a provider who is alleged to have committed
the crime. The commissioner may execute a memorandum of understanding
with the commissioners of other appropriate state agencies to ensure the
coordination and cooperation of such agencies and providers of services
with regard to the conduct of any investigation and prevention of
unnecessary duplicative investigations resulting from the report of an
alleged crime that may have occurred in a facility or program of another
service provider. Information obtained by the commissioner or the
commission on quality of care for the mentally disabled from the records
of patients receiving services shall be kept confidential in accordance
with the provisions of this chapter.

3. cooperating with the commissioner or his or her authorized
representative and the commission on quality of care for the mentally
disabled or any representative authorized by the chair of such
commission in any investigation or inspection conducted by the
department of mental hygiene or commission on quality of care for the
mentally disabled.

4. permitting the commissioner or his or her authorized representative
and the commission on quality of care for the mentally disabled or any
representative authorized by the chair of such commission to inspect its
facility and all books and records, including patient records, kept by
it and to interview and examine any patient at its facility except that
no such patient may be examined against his or her will.

5. providing, to the office of mental health, in a form or format
requested by the commissioner, records requested by such office relating
to persons as described in subdivision (j) of section 7.09 of this
chapter who may be disqualified from possessing a firearm pursuant to 18
USC 922(4)(d).