Section 31.11. Certain duties of providers of services  


Latest version.
  • It  shall  be the duty of every holder of an operating certificate, or
      program funded or administered by the office of mental health to  assist
      the  department  and  the commission on quality of care for the mentally
      disabled in carrying  out  their  respective  regulatory  and  oversight
      functions by:
        1.  complying  with  the  applicable provisions of this chapter, other
      applicable laws, and the regulations of the commissioner.
        2. making such reports as are necessary to provide notification to the
      district attorney or other appropriate law enforcement official and  the
      commissioner  or  his  or  her  authorized  representative  as  soon  as
      possible, or in any event within three working days, if it appears  that
      a  crime  may  have  been committed against a patient receiving services
      from such provider, and such other reports, uniform  and  otherwise,  as
      are required by the commissioner or his or her authorized representative
      with  respect to its operations. If there is reasonable cause to believe
      that the crime against the client may have occurred  in  a  facility  or
      program  of  any  other  service provider licensed, certified, funded or
      operated by a state agency, the administrator or chief executive officer
      of such other service  provider  shall  also  be  notified  as  soon  as
      possible,  or  in any event within three working days. Provided however,
      nothing herein shall require such report to an  administrator  or  chief
      executive  officer  of  a  provider who is alleged to have committed the
      crime. The commissioner may execute a memorandum of  understanding  with
      the  commissioners  of  other  appropriate  state agencies to ensure the
      coordination and cooperation of such agencies and providers of  services
      with  regard  to  the  conduct  of  any  investigation and prevention of
      unnecessary duplicative investigations resulting from the report  of  an
      alleged crime that may have occurred in a facility or program of another
      service  provider.  Information  obtained  by  the  commissioner  or the
      commission on quality of care for the mentally disabled from the records
      of patients receiving services shall be kept confidential in  accordance
      with the provisions of this chapter.
        3.  cooperating  with  the  commissioner  or  his  or  her  authorized
      representative and the commission on quality of care  for  the  mentally
      disabled   or  any  representative  authorized  by  the  chair  of  such
      commission  in  any  investigation  or  inspection  conducted   by   the
      department  of  mental  hygiene or commission on quality of care for the
      mentally disabled.
        4. permitting the commissioner or his or her authorized representative
      and the commission on quality of care for the mentally disabled  or  any
      representative authorized by the chair of such commission to inspect its
      facility  and  all books and records, including patient records, kept by
      it and to interview and examine any patient at its facility except  that
      no such patient may be examined against his or her will.
        5.  providing,  to  the  office  of mental health, in a form or format
      requested by the commissioner, records requested by such office relating
      to persons as described in subdivision  (j)  of  section  7.09  of  this
      chapter who may be disqualified from possessing a firearm pursuant to 18
      USC 922(4)(d).