N.Y. Comp. Codes R. & Regs. tit. 9 § 3.35

Current through Register Vol. 46, No. 43, October 23, 2024

Section 3.35 - Executive order no. 35: establishing the mental hygiene medical review board

WHEREAS, the quality of care provided to the mentally disabled in State facilities is a matter of great concern to the People of the State; and

WHEREAS, one indicator of the quality of care provided to the mentally disabled in State facilities is the number of unusual deaths which occur in such facilities; and

WHEREAS, it is essential to determine the causes of such deaths in order to continue the process of upgrading the quality of care to the mentally disabled in State facilities;

NOW, THEREFORE, I, Hugh L. Carey, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State, do hereby establish a Mental Hygiene Medical Review Board to be composed of five members, including specialists in forensic pathology, forensic psychiatry and internal medicine, to be appointed by the Governor to serve at his pleasure. The Governor shall designate one of the members to serve as chairman of the Mental Hygiene Medical Review Board. Members of the Board shall receive no compensation for their [continued] services but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

I. The Mental Hygiene Medical Review Board shall:

make a preliminary determination whether the death of a patient in a facility operated by the Department of Mental Hygiene, which has been brought to its attention, is unusual or whether such death reasonably appears to have resulted from other than natural causes and warrants investigation;

investigate the causes of and circumstances surrounding such unusual death or deaths from other than natural causes of patients in facilities operated by the Department of Mental Hygiene;

visit and inspect any facility in which such a death has occurred;

cause the body of the deceased to undergo such examinations, including an autopsy where authorized by law, as in the opinion of the Board are necessary to determine the cause of death, irrespective of whether such examination or autopsy shall have been previously performed;

upon review of the cause of and circumstances surrounding such death, submit its report to the Special Assistant to the Governor for Health Affairs and, where appropriate, shall make recommendations to prevent the recurrence of such deaths; and upon request of the Special Assistant to the Governor for Health Affairs or of the Commissioner, investigate and report on the adequacy and quality of medical care provided to the mentally disabled by the Department, a facility or a part thereof.

II. In carrying out its functions, powers and duties the Board shall, to the extent feasible, make use of the resources of existing State departments and agencies and the personnel thereof and such departments and agencies are hereby directed to assist the Board as requested by the chairman. The chairman may employ such personnel as he deems necessary and desirable to carry out the functions, powers and duties of the Board and provide them with compensation within the amounts available therefor.

III. The director of every facility operated by the Department of Mental Hygiene shall promptly report to the chairman of the Board the occurrence of any unusual death or death from other than natural causes of a patient in such facility. The Department of Mental Hygiene and every officer and employee thereof shall cooperate with the Board in its performance of its duties pursuant to this order and shall provide it with any information, book or record requested by a member of the Board.

Signed: Hugh L. CareyDated: May 19, 1976

[FN*] [Amended by Executive Order No. 44 (Hugh L. Carey), § 3.44, infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.35

Amended by Executive Order No. 44 (Hugh L. Carey), § 3.44, infra.