Sec. 633.3. Statutory authority

(a) Section 13.01 of the New York State Mental Hygiene Law establishes that New York State has responsibility for the comprehensively planned care, treatment and rehabilitation of New York State's citizens with developmental disabilities.

(b) Section 13.07(c) of the Mental Hygiene Law establishes that OPWDD shall have responsibility for seeing that persons with developmental disabilities receiving care and treatment have their personal and civil rights protected.

(c) Section 13.09(b) of the Mental Hygiene Law grants the commissioner (see glossary, section 633.99 of this Part) of OPWDD the authority to adopt rules and regulations necessary and proper to implement any matter under his or her jurisdiction.

(d) Sections 13.21(b) and 16.13(b) of the Mental Hygiene Law require the reporting of apparent crimes related to alleged abuse to the district attorney or other appropriate law enforcement official within three working days of the event.

(e) Section 16.17 of the Mental Hygiene Law authorizes the commissioner to revoke, suspend or limit an operating certificate or impose a fine, or temporarily suspend or limit an operating certificate, for failure to comply with the provisions of applicable statutes, rules or regulations; and permits the removal of any or all persons if there is a situation that poses imminent danger to their health or safety.

(f) Section 16.19 of the Mental Hygiene Law addresses the confinement, care and treatment of persons who have a developmental disability.

(g) Section 16.29 of the Mental Hygiene Law requires the promulgation of regulations establishing standards for protection of children from abuse by addressing applicant background verification, supervision of employees and volunteers, reporting and responding to allegations of abuse, removal when an individual is at risk, appropriate preventive and remedial actions, and training of both staff and individuals receiving services in all certified facilities.

(h) Section 29.29 of the Mental Hygiene Law requires the promulgation of regulations establishing standards for protection of children from abuse by addressing applicant background verification, supervision of employees and volunteers, reporting and responding to allegations of abuse, removal when an individual is at risk, appropriate preventive and remedial actions, and training of both staff and individuals in all developmental centers.

(i) Article 33 of the Mental Hygiene Law establishes the basic civil rights pertaining to persons receiving services for mental disabilities. Section 33.02 provides a mechanism for notifying each person residing in a developmental center of certain rights, including freedom from abuse and mistreatment by employees and other residents. Section 33.04 sets forth requirements for the use of an apparatus for restraint purposes as specifically stated therein. Section 33.13 addresses the content and confidentiality of clinical records. Section 33.16 establishes rules for access to clinical records by the person for whom the record is maintained and certain other qualified parties.

(j) Section 41.41 of the Mental Hygiene Law provides a mechanism for setting forth certain rights for persons residing in a community residence, including the right to be free from physical or psychological restraint or pressure, subject to section 33.04 of such law.

(k) Article 80 of the Mental Hygiene Law provides a mechanism for surrogate decisionmaking relative to certain medical treatment.

(l) Sections 131-o and 366 of the New York State Social Services Law provide information on the determination of personal allowance (see glossary). Section 131-o also provides guidance on the management of personal allowances.