§ 633.3 - Statutory authority

Statutory authority

This section cites the statutory authority under New York's Mental Hygiene Law and Social Services Law that empowers OPWDD to regulate care, treatment, and rehabilitation of persons with developmental disabilities in OPWDD-operated and certified facilities. It references provisions governing civil rights protections, operating certificate enforcement, abuse reporting, restraint use, clinical records, and personal allowance management. Facility operators must be aware that these statutory bases underpin all OPWDD regulatory requirements in this chapter.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 633.3 - Statutory authority 

 State Regulations 

 Compare

(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.

Notes

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

 §
 
633.3

Amended
 
New
 York State Register October 28, 2015/Volume XXXVII, Issue 43
,
 eff. 
11/1/2015

Amended
 
New
 York State Register September 21, 2016/Volume XXXVIII, Issue 38
,
 eff. 
9/21/2016

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