2006 New York Code - Functions, Powers And Duties Of The Department.

 
    §  556.  Functions,  powers  and  duties  of the department. Except as
  otherwise provided by law, the department  shall  have  jurisdiction  to
  regulate  all  matters  affecting  health in the city of New York and to
  perform all those functions and operations performed by  the  city  that
  relate  to  the  health  of  the  people  of the city, including but not
  limited  to  the  mental  health,  mental  retardation,  alcoholism  and
  substance   abuse-related   needs   of  the  people  of  the  city.  The
  jurisdiction of the department shall include but not be limited  to  the
  following:
    a.  General functions. (1) Enforce all provisions of law applicable in
  the area under the jurisdiction of the department for  the  preservation
  of  human  life,  for  the  care, promotion and protection of health and
  relative  to  the  necessary  health  supervision  of  the  purity   and
  wholesomeness of the water supply and the sources thereof;
    (2)  maintain  an  office  in  each  borough and maintain, furnish and
  operate in each borough office health centers  and  health  stations  or
  other  facilities  which  may  be  required  from  time  to time for the
  preservation of health or the care of the sick;
    (3) exercise its functions, powers and duties in  the  area  extending
  over  the  city,  and  over  the  waters  adjacent  thereto,  within the
  jurisdiction of the city and within the quarantine limits as established
  by law;
    (4) receive and expend funds made available for public health purposes
  pursuant to law; and
    (5) arrange, with the approval of the  mayor,  for  the  rendition  of
  services and operation of facilities by other agencies of the city;
    b.  Review  of  public  health  services  and  general  public  health
  planning.  (1) Develop and submit to the mayor and council a program for
  the  delivery  of  services  for  the   mentally   disabled,   including
  construction and operation of facilities;
    (2)  determine  the  needs of the mentally disabled in the city, which
  determination shall include the review  and  evaluation  of  all  mental
  hygiene services and facilities within the department's jurisdiction;
    (3)  engage  in  short-range, intermediate-range and long-range mental
  hygiene planning that reflects the entire array of  city  needs  in  the
  areas   of   mental   health,   mental   retardation  and  developmental
  disabilities and alcoholism and  substance  abuse  services  within  the
  department's jurisdiction;
    (4)  implement  and  administer an inclusive citywide planning process
  for the delivery of services for people with  mental  disabilities;  and
  design  and  incorporate  within  that planning process, consistent with
  applicable law, standards and procedures for community participation and
  communication with the commissioner at the borough and  local  community
  level;
    (5)  establish  coordination  and  cooperation  among all providers of
  services for the mentally disabled, coordinate the department's  program
  with the program of the state department of mental hygiene so that there
  is  a  continuity  of  care among all providers of services, and seek to
  cooperate by mutual  agreement  with  the  state  department  of  mental
  hygiene and its representatives and with institutions in such department
  and   their   representatives   in   pre-admission   screening   and  in
  post-hospital care of persons suffering from mental disability;
    (6) receive and expend  funds  made  available  for  the  purposes  of
  providing mental health, mental retardation and developmental disability
  and alcoholism and substance abuse related services;
    (7)  administer,  within  the  division  of  mental  hygiene, the unit
  responsible for early  intervention  services  pursuant  to  the  public
  health law; and


    (8)  in  accordance  with  section  five  hundred  fifty-five  of this
  chapter, determine the public health needs of the city and prepare plans
  and programs addressing such needs.
    c.  Supervision  of matters affecting public health. (1) Supervise and
  control the registration of births, fetal deaths and deaths;
    (2) supervise the reporting and control of  communicable  and  chronic
  diseases  and  conditions hazardous to life and health; exercise control
  over and supervise the abatement of nuisances  affecting  or  likely  to
  affect the public health;
    (3)  make  policy and plan for, monitor, evaluate and exercise general
  supervision over all services and facilities for the  mentally  disabled
  within  the  department's jurisdiction; and exercise general supervisory
  authority, through the promulgation of appropriate standards  consistent
  with  accepted  professional  practices  for  the  care and treatment of
  patients within such services and facilities for the  mentally  disabled
  within the department's jurisdiction;
    (4)   except  as  otherwise  provided  by  law,  analyze  and  monitor
  hospitals, clinics, nursing homes, and homes for the aged, and  analyze,
  evaluate, supervise and regulate clinical laboratories, blood banks, and
  related  facilities  providing  medical and health services and services
  ancillary thereto;
    (5) to the extent necessary  to  carry  out  the  provisions  of  this
  chapter,  the  mental hygiene law and other applicable laws and when not
  inconsistent with any other law, arrange for the visitation,  inspection
  and  investigation  of  all  providers  of  services  for  the  mentally
  disabled, by the department or otherwise;
    (6) conduct such  inquiries  into  services  and  facilities  for  the
  mentally  disabled  as  may be useful in performing the functions of the
  department, including investigations into individual patient  care,  and
  for  such  purpose  the  department may exercise the powers set forth in
  section five hundred fifty-five of this chapter  and  shall,  consistent
  with  the provisions of the mental hygiene law, have access to otherwise
  confidential patient records, provided  such  information  is  requested
  pursuant  to  the  functions,  powers  and  duties  conferred  upon  the
  department by law;
    (7) supervise and regulate the public health aspects of  water  supply
  and sewage disposal and water pollution;
    (8)   supervise   and  regulate  the  public  health  aspects  of  the
  production,  processing  and  distribution  of  milk,  cream  and   milk
  products,  except for such inspection, regulation and supervision of the
  sanitary quality of milk and cream distributed, consumed or sold  within
  the  city  as  performed  by  the New York department of agriculture and
  markets  pursuant  to  section  seventy-one-l  of  the  agriculture  and
  markets;
    (9)  supervise  and  regulate the food and drug supply of the city and
  other businesses and activities affecting public health in the city, and
  ensure that such businesses and activities are  conducted  in  a  manner
  consistent  with the public interest and by persons with good character,
  honesty and integrity;
    (10) supervise and regulate the removal, transportation  and  disposal
  of human remains;
    (11)  supervise  and  regulate  the  public health aspects of ionizing
  radiation, the handling and disposal  of  radioactive  wastes,  and  the
  activities  within  the  city affecting radioactive materials, excluding
  special nuclear materials in quantities sufficient to  form  a  critical
  mass; and


    (12)  in  furtherance  of  the purposes of this chapter and the mental
  hygiene law, make  rules  and  regulations  covering  the  provision  of
  services by providers of services for the mentally disabled.
    d.  Promotion or provision of public health services. (1) Maintain and
  operate public health centers and clinics as shall be established in the
  department;
    (2) engage in or promote health research for the purpose of  improving
  the quality of medical and health care; in conducting such research, the
  department  shall  have  the  authority  to  conduct  medical audits, to
  receive reports on forms prepared or prescribed by the department;  such
  information  when  received by the department shall be kept confidential
  and used solely for the purpose of medical or scientific research or the
  improvement of the quality of medical care;
    (3) produce, standardize and distribute certain diagnostic, preventive
  and therapeutic products and conduct  laboratory  examinations  for  the
  diagnosis, prevention and control of disease;
    (4)  promote  or provide for public education on mental disability and
  the prevention and control of disease;
    (5) promote or provide for programs for the prevention and control  of
  disease  and  for the prevention, diagnosis, care, treatment, social and
  vocational  rehabilitation,  special  education  and  training  of   the
  mentally disabled;
    (6)  promote  or  provide  diagnostic  and  therapeutic  services  for
  maternity and  child  health,  family  planning,  communicable  disease,
  medical  rehabilitation  and  other  diseases  and  conditions affecting
  public health;
    (7) promote or provide medical and health services for school children
  and the ambulant sick and needy persons of the city;
    (8) promote or provide medical and health services for the inmates  of
  prisons maintained and operated by the city;
    (9) within the amounts appropriated therefor, enter into contracts for
  the  rendition  or operation of services and facilities for the mentally
  disabled on  a  per  capita  basis  or  otherwise,  including  contracts
  executed  pursuant  to  subdivision  e  of  section  41.19 of the mental
  hygiene law;
    (10) within the amounts appropriated therefor, execute  such  programs
  and  maintain  such  facilities  for  the  mentally  disabled  as may be
  authorized under such appropriations; and
    (11) use the services and facilities of public  or  private  voluntary
  institutions whenever practical, and encourage all providers of services
  to  cooperate  with  or  participate  in the program of services for the
  mentally disabled, whether by contract or otherwise.
    e. Other functions. (1) Prior to the sale, closing, abandonment  of  a
  city  hospital  or  transfer of a city hospital to any other hospital or
  facility, hold a public hearing with reference to  such  proposed  sale,
  closing,  abandonment or transfer; publish notice of such public hearing
  in the City Record and in such daily newspaper or  newspapers  published
  in  the  city of New York as shall be selected by the commissioner, such
  publication to take place not less than ten days nor  more  than  thirty
  days  prior  to the date fixed for the hearing; and adjourn such hearing
  from time to time, if necessary, in order to allow persons interested to
  attend or express their views;
    (2) submit all materials  required  by  the  mental  hygiene  law  for
  purposes of state reimbursement;
    (3)  provide  for  membership  on  such  state or federally authorized
  committees as may be appropriate to the discharge  of  the  department's
  functions, powers and duties; and


    (4)  perform  such  other acts as may be necessary and proper to carry
  out the provisions of this  chapter  and  the  purposes  of  the  mental
  hygiene law.