N.Y. Comp. Codes R. & Regs. tit. 14 § 85.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 85.2 - Legal base

(a) The Mental Hygiene Law, section 13.01, prohibits any public agency, board or commission or any corporation from operating a facility established or maintained to provide nonresidential or outpatient examination, diagnosis, care, treatment, rehabilitation or training of persons with mental disabilities, including mental illness, mental retardation or alcoholism, unless an operating certificate has been obtained from the Commissioner of Mental Hygiene.

(1) Certain exemptions to the basic scope of application noted above are provided for in section 13.01 of the Mental Hygiene Law, including the following:

(i) professional practice, on an individual or partnership basis, authorized by professional licensure or professional certification such as that granted by the Boards of Examiners of the State Education Department;

(ii) professional practice for profit by a professional service corporation duly incorporated pursuant to article 15 of the Business Corporation Law;

(iii) nonresidential services for the mentally disabled which are provided in accordance with licensure or other supervision by a State agency other than the Department of Mental Hygiene;

(iv) nonresidential services for the mentally disabled which are provided directly by any agency or department of the State;

(v) nonresidential services for the mentally disabled which are provided in accordance with purposes authorized in a charter or certificate of incorporation issued pursuant to the Education Law; and

(vi) pastoral counseling by a clergyman or minister, as such a title is defined in section 2 of the Religious Corporations Law.

(2) Certain inclusions within the basic scope of application noted above are specified in section 13.01 of the Mental Hygiene Law, including nonresidential services for the mentally disabled provided by any part, operated specifically for that purpose, of a general hospital as defined in article 28 of the Public Health Law.

(b) The Mental Hygiene Law, sections 13.07, 13.09, 13.13 and 13.19, further authorizes the commissioner or his representatives to examine and inspect such facilities to determine their suitability and proper operation. Sections 13.15 and 13.17 authorize the commissioner to suspend, revoke or limit any operating certificate.

(c) The Mental Hygiene Law, section 13.03, empowers the commissioner to adopt regulations pertaining to the regulation and quality control of services to the mentally disabled, as he may deem necessary to carry out the provisions of article 13 of the Mental Hygiene Law.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 85.2