N.Y. MHY. LAW § 1.03 : NY Code - Section 1.03: Definitions

Search N.Y. MHY. LAW § 1.03 : NY Code - Section 1.03: Definitions

When used in this chapter, unless otherwise expressly stated or unless
  the context otherwise requires:
    1. "Department" means the department of mental hygiene of the state of
  New  York.  Except  as  used  in  article five of this chapter, the term
  "department" shall hereafter  refer  to  an  office  of  the  department
  created by section 5.01 of this chapter.
    2.  "Commissioner"  means  the  commissioner  of  mental  health,  the
  commissioner of mental retardation and  developmental  disabilities  and
  the  commissioner  of alcoholism and substance abuse services as used in
  this chapter. Any power or duty heretofore assigned to the  commissioner
  of  mental  hygiene  or  to the department of mental hygiene pursuant to
  this chapter shall hereafter be assigned to the commissioner  of  mental
  health in the case of facilities, programs, or services for the mentally
  ill,  to  the  commissioner  of  mental  retardation  and  developmental
  disabilities in the case of facilities, programs, or  services  for  the
  mentally  retarded  and developmentally disabled, to the commissioner of
  alcoholism and substance abuse  services  in  the  case  of  facilities,
  programs,  or  services  for alcoholism, alcohol abuse, substance abuse,
  substance dependence, and chemical dependence  in  accordance  with  the
  provisions of titles D and E of this chapter.
    3.  "Mental  disability"  means  mental  illness,  mental retardation,
  developmental disability, alcoholism, substance dependence, or  chemical
  dependence.  A  mentally  disabled  person  is  one  who  has  a  mental
  disability.
    4. "Services for the mentally disabled" means examination,  diagnosis,
  care, treatment, rehabilitation, or training of the mentally disabled.
    5.   "Provider   of   services"   means  an  individual,  association,
  corporation,  partnership,  limited  liability  company,  or  public  or
  private  agency,  other than an agency or department of the state, which
  provides services for the mentally disabled. It shall  not  include  any
  part  of  a  hospital  as  defined in article twenty-eight of the public
  health law which is not being operated  for  the  purpose  of  providing
  services  for  the  mentally  disabled. No provider of services shall be
  subject to the regulation or control of the department  or  one  of  its
  offices  except  as  such regulation or control is provided for by other
  provisions of this chapter.
    6. "Facility" means any place  in  which  services  for  the  mentally
  disabled  are  provided and includes but is not limited to a psychiatric
  center, developmental center, institute, clinic, ward,  institution,  or
  building,  except  that  in the case of a hospital as defined in article
  twenty-eight of the public health law it shall mean only a  ward,  wing,
  unit,  or  part  thereof  which is operated for the purpose of providing
  services for the mentally disabled. It shall not include a  place  where
  the services rendered consist solely of non-residential services for the
  mentally disabled which are exempt from the requirement for an operating
  certificate  under  article  sixteen,  thirty-one  or thirty-two of this
  chapter, nor shall it include domestic care and comfort to a  person  in
  the home.
    7. "Department facility" means a facility within one of the offices of
  the department.
    8.  "Examining  physician"  means  a  physician  licensed  to practice
  medicine in the state of New York.
    9. "Certified psychologist" means a person who has been certified  and
  registered  to  practice psychology in the state of New York pursuant to
  the education law.
    * 10. "Hospital" means the in-patient services of a psychiatric center
  under  the  jurisdiction  of  the  office  of  mental  health  or  other

  psychiatric   in-patient  facility  in  the  department,  a  psychiatric
  in-patient facility maintained by a political subdivision of  the  state
  for  the  care  or treatment of the mentally ill, a ward, wing, unit, or
  other  part  of  a  hospital,  as defined in article twenty-eight of the
  public health law, operated as a part of such hospital for  the  purpose
  of  providing  services  for  the  mentally ill pursuant to an operating
  certificate issued by the commissioner of mental health, a comprehensive
  psychiatric  emergency  program  which  has  been  issued  an  operating
  certificate by such commissioner, or other facility providing in-patient
  care or treatment of the mentally ill which has been issued an operating
  certificate by such commissioner.
    * NB Effective until July 1, 2012
    * 10. "Hospital" means the in-patient services of a psychiatric center
  under  the  jurisdiction  of  the  office  of  mental  health  or  other
  psychiatric  in-patient  facility  in  the  department,  a   psychiatric
  in-patient  facility  maintained by a political subdivision of the state
  for the care or treatment of the mentally ill, a ward,  wing,  unit,  or
  other  part  of  a  hospital,  as defined in article twenty-eight of the
  public health law, operated as a part of such hospital for  the  purpose
  of  providing  services  for  the  mentally ill pursuant to an operating
  certificate issued by  the  commissioner  of  mental  health,  or  other
  facility  providing  in-patient  care  or  treatment of the mentally ill
  which has been issued an operating certificate by such commissioner.
    * NB Effective July 1, 2012
    11. "School" means the in-patient service of a developmental center or
  other residential facility for the mentally retarded and developmentally
  disabled under the jurisdiction of the office of mental retardation  and
  developmental  disabilities  or  a  facility  for  the residential care,
  treatment,  training,  or  education  of  the  mentally   retarded   and
  developmentally  disabled which has been issued an operating certificate
  by  the   commissioner   of   mental   retardation   and   developmental
  disabilities.
    12.  "Alcoholic  beverages"  means  alcoholic spirits, liquors, wines,
  beer, and every liquid or fluid containing alcohol, which is capable  of
  being  consumed by human beings and produces intoxication in any form or
  in any degree.
    13. "Alcoholism" means a chronic illness in  which  the  ingestion  of
  alcohol  usually  results in the further compulsive ingestion of alcohol
  beyond the control of the sick person to a degree which  impairs  normal
  functioning.
    14.  "Alcoholic" means any person who is afflicted with the illness of
  alcoholism.
    15. "Recovered alcoholic" means a person with a history of  alcoholism
  whose  course  of  conduct  over  a sufficient period of time reasonably
  justifies  a  determination  that  the  person's  capacity  to  function
  normally  within  his social and economic environment is not, and is not
  likely to be, destroyed or impaired by alcohol.
    16. "Alcohol abuse" means any use of alcohol which interferes with the
  health, social or economic functioning of the individual or of society.
    17.  "Alcoholism  facility"  means  an  in-patient  facility  in   the
  department  designated  by  the commissioner of alcoholism and substance
  abuse services as suitable for the care and treatment of  alcoholics  or
  an  in-patient  facility which has been approved by such commissioner as
  suitable for the care and treatment of persons suffering from alcoholism
  and which has been issued an operating certificate by such commissioner.
    18. "Alcoholism programs", "treatment facilities", and "services" mean
  programs,  treatment  facilities,  and  services  provided  to   persons
  suffering from alcoholism, alcohol abusers, and significant others.

    19.  "Significant  other" means a relative, close friend, associate or
  individual otherwise concerned with the welfare of  a  person  suffering
  from  alcohol  and/or  substance  abuse when that individual is directly
  affected by the person's alcoholism and/or substance abuse.
    20.  "Mental  illness"  means  an  affliction with a mental disease or
  mental condition which is manifested by a  disorder  or  disturbance  in
  behavior,  feeling,  thinking,  or  judgment  to such an extent that the
  person afflicted requires care, treatment and rehabilitation.
    21. "Mental retardation"  means  subaverage  intellectual  functioning
  which  originates during the developmental period and is associated with
  impairment in adaptive behavior.
    22. "Developmental disability" means a disability of a person which:
    (a)  (1)  is  attributable  to  mental  retardation,  cerebral  palsy,
  epilepsy, neurological impairment, familial dysautonomia or autism;
    (2)  is  attributable  to  any other condition of a person found to be
  closely related to mental retardation because such condition results  in
  similar  impairment  of  general  intellectual  functioning  or adaptive
  behavior to that of mentally retarded persons or requires treatment  and
  services similar to those required for such person; or
    (3)  is attributable to dyslexia resulting from a disability described
  in subparagraph (1) or (2) of this paragraph;
    (b) originates before such person attains age twenty-two;
    (c) has continued or can be expected to continue indefinitely; and
    (d) constitutes a substantial handicap to  such  person's  ability  to
  function normally in society.
    23.  "Patient"  means  a  person  receiving  services for the mentally
  disabled at a facility. It includes a resident at a school.
    24. "Informal caregiver" means the family member, friends,  neighbors,
  or  other  natural  person  who  normally  provides  the  daily  care or
  supervision of a mentally disabled person. Such informal caregiver  may,
  but  need  not  reside  in  the  same household as the mentally disabled
  person.
    25. "Chemical abuse" means the use  of  alcohol  and/or  one  or  more
  substances  to the extent that there is impairment of normal development
  or functioning due to such use in one or more of the  major  life  areas
  including   but   not   limited  to  the  social,  emotional,  familial,
  educational, vocational, or physical. The term  "chemical  abuse"  shall
  mean and include alcohol and/or substance abuse.
    26. "Infant" or "minor" means a person who has not attained the age of
  eighteen years.
    27.   "Aftercare  services"  means  services  for  persons  no  longer
  receiving in-patient services for the mentally disabled and may include,
  but shall not be limited to, medical care, including  psychiatric  care,
  and vocational and social rehabilitation.
    28. "Community residence" means any facility operated by or subject to
  licensure  by  the  office  of  mental  health  or  the office of mental
  retardation and developmental disabilities which provides  a  supervised
  residence  or residential respite services for mentally disabled persons
  and a homelike environment and room, board and  responsible  supervision
  for  the  habilitation or rehabilitation of mentally disabled persons as
  part of an overall service delivery system. A community residence  shall
  include  an  intermediate care facility with fourteen or fewer residents
  that has been approved pursuant to  law,  and  a  community  residential
  facility  as  that  term  is used in section 41.36 of this chapter. Such
  term does not include family care homes.
    28-a.  "Supervised  living  facility"  means  a  community   residence
  providing  responsible  supervisory  staff on-site twenty-four hours per

  day for the purpose of enabling residents to live  as  independently  as
  possible.
    28-b.   "Supportive  living  facility"  means  a  community  residence
  providing practice in  independent  living  under  supervision  but  not
  providing staff on-site on a twenty-four hour per day basis.
    29.  "Release" means the termination of a patient's in-patient care at
  a school, hospital, or alcoholism facility.
    30. "Conditional release" means release subject to the  right  of  the
  school,  hospital,  or  alcoholism  facility  to  return  the patient to
  in-patient care pursuant to the conditions set forth in section 29.15 of
  this chapter.
    31. "Discharge" means release and the  termination  of  any  right  to
  retain  or  treat  the  patient on an in-patient basis. The discharge of
  such a patient shall not preclude the patient from  receiving  necessary
  services  on  other  than  an  in-patient  basis  nor  shall it preclude
  subsequent readmission as an  in-patient  if  made  in  accordance  with
  article nine, fifteen, or twenty-two of this chapter.
    32.  "Conference"  means the New York state conference of local mental
  hygiene directors as established  pursuant  to  section  41.10  of  this
  chapter.
    33. "Residential treatment facility for children and youth" shall mean
  an  inpatient psychiatric facility which provides active treatment under
  the direction of a physician for individuals who  are  under  twenty-one
  years  of  age,  provided  that  a  person  who,  during  the  course of
  treatment, attains  the  age  of  twenty-one  may  continue  to  receive
  services  in  a  residential  treatment  facility for children and youth
  until he or she reaches the age of  twenty-two.  The  term  "residential
  treatment  facility  for  children  and  youth"  does  not  apply to the
  children's psychiatric centers described in section 7.17 of this chapter
  or to facilities specifically licensed by the office of mental health as
  children's hospitals. Residential treatment facilities for children  and
  youth  are  a  sub-class  of  the  class  of  facilities  defined  to be
  "hospitals" in subdivision ten of this section.
    34. "Authorized agency" shall have  the  meaning  defined  in  section
  three hundred seventy-one of the social services law.
    35.  "Social  services  official"  shall  have  the meaning defined in
  section two of the social services law.
    36. "Residential care  center  for  adults"  means  a  facility  which
  provides long term residential care and support services to mentally ill
  adults, provides case management and medication management services, and
  assists  residents  in securing clinical, vocational and social services
  necessary to enable the resident to continue to live in  the  community.
  No residential care center for adults established after September first,
  nineteen  hundred  eighty-six  shall  have  more  than one hundred fifty
  residents. A residential care center for adults is  not  an  adult  care
  facility  subject to licensure by the department of social services, nor
  is it an inpatient treatment facility.
    * 37. "Comprehensive psychiatric emergency program"  means  a  program
  which is licensed by the office of mental health to provide a full range
  of  psychiatric  emergency  services within a defined geographic area to
  persons who are believed  to  be  mentally  ill  and  in  need  of  such
  services,  and  which shall include crisis intervention services, crisis
  outreach services, crisis residence services, extended observation beds,
  and triage and referral services, as such terms are defined  in  section
  31.27 of this chapter.
    * NB Repealed July 1, 2012
    38.  "Alcoholism  community  residence" means any facility licensed or
  operated by the office of alcoholism and substance abuse services  which

  provides a supervised residence for persons suffering from alcoholism or
  alcohol  abuse  and  a  homelike  environment, including room, board and
  responsible supervision for the rehabilitation of such persons  as  part
  of an overall service delivery system.
    * 39. "Substance" shall mean:
    (i)  any  controlled  substance listed in section thirty-three hundred
  six of the public health law;
    (ii) any substance listed in section thirty-three  hundred  eighty  of
  the public health law;
    (iii)  any  substance,  except  alcohol  and tobacco, as listed in the
  published  rules  of  the  office  which  has  been  certified  to   the
  commissioner  by  the commissioner of health as having the capability of
  causing physical and/or psychological dependence. Notice of  a  proposed
  rule  listing  any  such  substance shall be given to the speaker of the
  assembly and the temporary president of  the  senate.  The  commissioner
  shall  consider  the  advice  and recommendations of the legislature and
  shall hold a public hearing  prior  to  listing  any  substance  in  its
  published rules.
    * NB There are 2 sub 39's
    * 39.  "Employee  assistance  program"  means  a  confidential program
  designed to assist employees and their families, through identification,
  motivation referral, and follow-up, with  problems  that  may  interfere
  with   the  employees'  ability  to  perform  on  the  job  effectively,
  efficiently and safely. Such  problems  include  alcohol  and  substance
  abuse problems, emotional, marital, family, and other personal problems.
    * NB There are 2 sub 39's
    40.  "Substance  abuse"  shall  mean  the  repeated use of one or more
  substances, as defined in this section, except when  such  substance  is
  used in accordance with a lawful prescription.
    41.  "Substance  dependence"  shall mean the physical or psychological
  reliance upon a substance as  defined  in  this  section,  arising  from
  substance abuse or arising from the lawful use of any such substance for
  the  sole  purpose  of  alleviating  such  a  physical  or psychological
  reliance.
    42. "Substance abuse program" shall mean any public or private person,
  corporation, partnership, agency, either profit or non-profit, or  state
  or  municipal  government  which  provides  substance abuse services, in
  either a residential or ambulatory setting, to persons who are substance
  abusers, substance dependent, in need  of  services  to  avoid  becoming
  substance  abusers,  substance  dependent  or to significant others. Any
  person or entity providing such services as a minor part  of  a  general
  health  or  counseling  unit  subject  to regulations promulgated by the
  commissioner and other appropriate agencies shall not  be  considered  a
  substance abuse program.
    43.  "Substance  abuse services" shall include services to inhibit the
  onset of substance abuse or substance dependence; to address the  social
  dysfunction,  medical  problems  and  other disabilities associated with
  substance abuse or substance dependence,  and  to  rehabilitate  persons
  suffering from substance abuse or dependence.
    44. "Chemical dependence" means the repeated use of alcohol and/or one
  or  more  substances to the extent that there is evidence of physical or
  psychological reliance on alcohol and/or substances,  the  existence  of
  physical withdrawal symptoms from alcohol and/or one or more substances,
  a  pattern  of  compulsive  use, and impairment of normal development or
  functioning due to such use in one or  more  of  the  major  life  areas
  including   but   not   limited  to  the  social,  emotional,  familial,
  educational, vocational, and physical. Unless  otherwise  provided,  for

  the  purposes of this chapter, the term "chemical dependence" shall mean
  and include alcoholism and/or substance dependence.
    45.  "Alcohol,  substance  abuse,  and chemical dependence prevention"
  shall mean strategies and approaches, primary and secondary, to  prevent
  the  onset  or  reduce  the incidence of use and abuse of alcohol and/or
  substances.
    46. "Record" of a  patient  or  client  shall  consist  of  admission,
  transfer  or retention papers and orders, and accompanying data required
  by this article and the regulations of the commissioner.
    47. "Director of  community  services"  shall  mean  the  director  of
  community  services for the mentally disabled appointed pursuant to this
  chapter.
    48.  "Practitioner"  shall  mean  a  physician,  dentist,  podiatrist,
  veterinarian,  scientific  investigator,  or  other  person licensed, or
  otherwise permitted to dispense, administer  or  conduct  research  with
  respect   to  a  controlled  substance  in  the  course  of  a  licensed
  professional practice or research licensed  pursuant  to  this  article.
  Such person shall be deemed a "practitioner" only as to such substances,
  or  conduct relating to such substances, as is permitted by his license,
  permit or otherwise permitted by law.
    49. "Prescription" shall mean an official New York state prescription,
  a written prescription or an oral prescription.
    50. "Controlled substance" shall mean the  definition  of  "controlled
  substance"  as  contained  in  section  thirty-three  hundred two of the
  public health law.
    52. "Persons with serious mental illness" means individuals  who  meet
  criteria  established  by the commissioner of mental health, which shall
  include persons who are in psychiatric crisis, or  persons  who  have  a
  designated  diagnosis of mental illness under the most recent edition of
  the Diagnostic and Statistical Manual  of  Mental  Disorders  and  whose
  severity   and   duration  of  mental  illness  results  in  substantial
  functional disability. Persons with serious mental illness shall include
  children and adolescents with serious emotional disturbances.
    53. "Children and adolescents  with  serious  emotional  disturbances"
  means  individuals  under  eighteen  years  of  age  who  meet  criteria
  established by the commissioner of mental health,  which  shall  include
  children  and adolescents who are in psychiatric crisis, or children and
  adolescents who have a designated diagnosis of mental illness under  the
  most  recent  edition of the Diagnostic and Statistical Manual of Mental
  Disorders and whose severity and duration of mental illness  results  in
  substantial functional disability.
    54.  "Compulsive  gambling"  means  an  impulse  control  disorder, as
  defined by the most recent edition of  the  diagnostic  and  statistical
  manual  of mental disorders (DSM), published by the American Psychiatric
  Association.
    55. "Chemical dependence services" shall mean examination, evaluation,
  diagnosis, care,  treatment,  rehabilitation,  or  training  of  persons
  suffering  from  alcohol  and/or  substance  abuse and/or dependence and
  significant others. Unless otherwise provided, for the purposes of  this
  chapter,  the term "chemical dependence services" shall mean and include
  alcoholism and/or substance abuse services.