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2017 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services.
32.25 - Confinement, Care, and Treatment of Persons Suffering From Chemical Abuse or Dependence.

Universal Citation: NY Ment Hygiene L § 32.25 (2017)
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32.25  Confinement,  care,  and  treatment  of persons suffering from

         chemical abuse or dependence.

(a) No individual who is or appears  to  be  suffering  from  chemical
  abuse  or  dependence shall be detained, deprived of his or her liberty,
  or otherwise confined without  lawful  authority,  or  be  inadequately,
  unskillfully,  cruelly,  or  unsafely  cared  for  or  supervised by any
  person.

(b) If the commissioner has reason to believe  that  this  section  is
  being  violated  or  that  services  for persons suffering from chemical
  abuse or dependence or who are at risk of becoming alcohol or  substance
  abusers are being provided in violation of this article, he or she shall
  promptly investigate the matter. If he or she finds, after notice to the
  person  accused  of  the violation that there is substantial evidence to
  support the finding that there has been a  violation,  the  commissioner
  shall  issue an order directed to the person or entity who has committed
  the violation directing  him  or  her  to  cease  and  desist  from  the
  violation.

(c)  The  commissioner  may  bring  the  following  proceedings in the
  supreme court, in accordance with the provisions  of  section  32.27  of
  this article:

1. for an injunction where the person to whom a cease and desist order
  is directed has failed to comply therewith; and

2. for a temporary restraining order where the commissioner has reason
  to  believe that a violation of this section may result in injury to any
  person.

(d) Nothing in this section shall prevent the commissioner from taking
  whatever  action  he  or  she  deems  necessary  for   the   suspension,
  revocation,  or limitation of the operating certificate of a provider of
  services which has been charged with a violation of this section.

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