2021 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 47 - Mental Hygiene Legal Service
47.03 - Functions, Powers and Duties of the Service.

§ 47.03 Functions, powers and duties of the service.
  The  mental  hygiene  legal service in each judicial department of the
state shall perform the following duties:
  (a) To study and review the admission and retention of all patients or
residents which shall include a review of the willingness of the patient
or resident to remain in his or her status and the determination of  the
facility  director  as to suitability of such status, as provided for by
this chapter;
  (b) To inform patients or  residents  and,  in  proper  cases,  others
interested  in  such  persons'  welfare  of procedures for admission and
retention and of the patients' or  residents'  right  to  have  judicial
hearing  and  review,  to  be  represented by legal counsel, and to seek
independent medical opinion;
  * (c)  To  provide  legal  services  and  assistance  to  patients  or
residents  and  their  families related to the admission, retention, and
care and treatment of  such  persons,  to  provide  legal  services  and
assistance to subjects of a petition or patients subject to section 9.60
of  this  chapter,  and  to inform patients or residents, their families
and, in proper cases, others interested in the patients'  or  residents'
welfare  of  the  availability  of other legal resources which may be of
assistance in matters not directly related to the admission,  retention,
and care and treatment of such patients or residents;
  * NB Effective until June 30, 2022
  * (c)  To  provide  legal  services  and  assistance  to  patients  or
residents and their families related to the  admission,  retention,  and
care and treatment of such persons, and to inform patients or residents,
their  families and, in proper cases, others interested in the patients'
or residents' welfare of the availability of other legal resources which
may be of assistance in matters not directly related to  the  admission,
retention, and care and treatment of such patients or residents;
  * NB Effective June 30, 2022
  (d) To be granted access at any and all times to any facility or place
or  part  thereof  described in subdivision (a) of section 47.01 of this
article, and to all books, records  and  data  pertaining  to  any  such
facility  or  place  deemed  necessary  for  carrying out its functions,
powers and duties. The mental hygiene legal service may require from the
officers or employees of such facility or place any  information  deemed
necessary  for  the  purpose  of  carrying  out the service's functions,
powers and  duties.  Information,  books,  records  or  data  which  are
confidential  and  any limitations on the release thereof imposed by law
upon the party furnishing the information, books, records or data  shall
apply  to  the  service. Provided, however, whenever federal regulations
restrict, or as a condition of  federal  aid  require  that  a  facility
restrict  the release of information contained in the clinical record of
a patient or client, or restrict disclosure of the identity of a patient
or access to that patient, to a greater extent  than  is  allowed  under
this  section,  the provisions of such federal law or federal regulation
shall be controlling;
  (e) To  initiate  and  take  any  legal  action  deemed  necessary  to
safeguard  the right of any patient or resident to protection from abuse
or  mistreatment,  which  may  include  investigation  into   any   such
allegations  of  abuse  or mistreatment of any such patient or resident;
and
  (f) To provide  legal  services  and  assistance  in  accordance  with
article ten of this chapter.