N.Y. Comp. Codes R. & Regs. tit. 14 § 582.2

Current through Register Vol. 46, No. 53, December 31, 2024

Section 582.2 - Legal base

(a) Section 31.02 of the Mental Hygiene Law prohibits any individual, association, corporation, or public or private agency from operating a residential facility, hospital or institution for the examination, diagnosis, care, treatment, rehabilitation or training of persons with mental disabilities, including mental illness, unless a operating certificate has been obtained from the commissioner. Sections 31.07, 31.09, 31.13 and 31.19 further authorize the commissioner or their representatives to examine and inspect such facilities to determine their suitability and proper operation. Sections 31.16 and 31.17 authorize the commissioner to suspend, revoke or limit any operating certificate.

(b) Section 31.04 of the Mental Hygiene Law empowers the commissioner to adopt regulations deemed necessary to carry out the provisions of article 31 of the Mental Hygiene Law, including establishing procedures for the issuance, amendment and renewal of operating certificates.

(c) Section 31.35 of the Mental Hygiene Law provides that each provider of mental health services subject to its requirements shall request, through the Office of Mental Health, a criminal history background check for each prospective operator, employee, or volunteer of such provider of services.

(d) Section 29.15 of the Mental Hygiene Law establishes requirements for the discharge or conditional release of individuals from hospitals operated by the Office of Mental Health or from psychiatric inpatient services subject to licensure by such office.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 582.2

Amended New York State Register December 18, 2024/Volume XLVI, Issue 51, eff. 12/18/2024