2020 New York Laws
MHY - Mental Hygiene
Title A - Organization of Department of Mental Hygiene
Article 1 - Short Title and Definitions
1.03 - Definitions.

Universal Citation:
NY Ment Hygiene L § 1.03 (2020)
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§ 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.

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