14 CRR-NY 836.2NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 14. DEPARTMENT OF MENTAL HYGIENE
CHAPTER XXI. OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
PART 836. INCIDENT REPORTING IN OASAS CERTIFIED, LICENSED, FUNDED, OR OPERATED SERVICES
14 CRR-NY 836.2
14 CRR-NY 836.2
836.2 Legal base.
(a) Section 19.07(c) of the Mental Hygiene Law charges the office with the responsibility for seeing that persons in need of treatment for chemical dependence receive high quality care and treatment, and that the personal and civil rights of persons receiving care, treatment and rehabilitation are adequately protected.
(b) Section 19.07(e) of the Mental Hygiene Law authorizes the commissioner (commissioner) of the office to adopt standards including necessary rules and regulations pertaining to chemical dependence services.
(c) Section 19.09(b) of the Mental Hygiene Law authorizes the commissioner to adopt regulations necessary and proper to implement any matter under his or her jurisdiction.
(d) Section 19.20 of the Mental Hygiene Law (Protection of People with Special Needs Act, added by chapter 501 of the Laws of 2012) authorizes the office to receive and review criminal history information related to certain prospective employees and volunteers.
(e) Section 19.20-a of the Mental Hygiene Law (Protection of People with Special Needs Act, added by chapter 501 of the Laws of 2012) authorizes the office to receive and review criminal history information related to persons seeking to be credentialed or applicants for an operating certificate issued by the office.
(f) Section 19.21(b) of the Mental Hygiene Law requires the commissioner to establish and enforce certification, inspection, licensing and treatment standards for alcoholism, substance abuse and chemical dependence facilities and staff.
(g) Section 19.40 of the Mental Hygiene Law authorizes the commissioner to issue operating certificates for the provision of chemical dependence services.
(h) Section 22.07(c) of the Mental Hygiene Law authorizes the commissioner to promulgate rules and regulations to ensure that the rights of individuals who have received, and are receiving, chemical dependence services are protected.
(i) Section 32.01 of the Mental Hygiene Law authorizes the commissioner to adopt any regulation reasonably necessary to implement and effectively exercise the powers and perform the duties conferred by article 32 of the Mental Hygiene Law.
(j) Section 32.02 of the Mental Hygiene Law authorizes the commissioner to adopt regulations necessary to ensure quality services to those suffering from compulsive gambling.
(k) Section 32.07(a) of the Mental Hygiene Law authorizes the commissioner to adopt regulations to effectuate the provisions and purposes of article 32 of the Mental Hygiene Law.
(l) Section 33.16(a)(6) and (b)(4) of the Mental Hygiene Law define a qualified person as an individual receiving services, his or her legal guardian, or a parent, spouse or adult child who has authority to provide consent for care and treatment.
(m) Section 33.23 of the Mental Hygiene Law requires directors of facilities certified by OASAS to provide telephone notification to a qualified person of an incident involving a client within 24 hours of the initial report.
(n) Section 33.25 of the Mental Hygiene Law requires facilities to release records to qualified persons, upon request, relating to allegations and investigations of client abuse or mistreatment.
(o) Section 491 of the Executive Law requires mandated reporters to immediately report allegations of reportable incidents to the Vulnerable Persons’ Register upon discovery.
(p) Section 492 of the Social Services Law establishes the Vulnerable Persons’ Register to which reports of allegations of reportable incidents must be submitted in a manner and on forms approved by the executive director of the Justice Center.
(q) Article 6, title 6 of the Social Services Law requires the reporting of suspected abuse or maltreatment of persons under 18 years of age to the New York Statewide Central Register of Child Abuse and Maltreatment (hereinafter, Statewide Central Register).
(r) Section 413 of the Social Services Law identifies persons required to report cases of suspected child abuse or maltreatment to the Statewide Central Register.
(s) Section 415 of the Social Services Law requires suspected child abuse or maltreatment to be reported immediately by telephone and to be followed by a written report on a form supplied by the Commissioner of the Office of Children and Family Services, and further describes procedures for reporting.
(t) Section 495 of the Executive Law establishes the Register of Substantiated Category One Cases of Abuse and Neglect as a statewide register maintained by the Justice Center.
(u) Chapter 501 of the Laws of 2012 establishes the Justice Center.
14 CRR-NY 836.2
Current through May 31, 2021
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