§ 1.03 Definitions.\n When used in this chapter, unless otherwise expressly stated or unless\nthe context otherwise requires:\n 1. "Department" means the department of mental hygiene of the state of\nNew York. Except as used in article five of this chapter, the term\n"department" shall hereafter refer to an office of the department\ncreated by section 5.01 of this chapter.\n 2. "Commissioner" means the commissioner of mental health, the\ncommissioner of developmental disabilities and the commissioner of\naddiction services and supports as used in this chapter. Any power or\nduty heretofore assigned to the commissioner of mental hygiene or to the\ndepartment of mental hygiene pursuant to this chapter shall hereafter be\nassigned to the commissioner of mental health in the case of facilities,\nprograms, or services for individuals with mental illness, to the\ncommissioner of developmental disabilities in the case of facilities,\nprograms, or services for individuals with developmental disabilities,\nto the commissioner of addiction services and supports in the case of\nfacilities, programs, or addiction disorder services in accordance with\nthe provisions of titles D and E of this chapter.\n 2-a. Notwithstanding any other section of law or regulation, on and\nafter the effective date of this subdivision, any and all references to\nthe office of alcoholism and substance abuse services and the\npredecessor agencies to the office of alcoholism and substance abuse\nservices including the division of alcoholism and alcohol abuse and the\ndivision of substance abuse services, shall be known as the "office of\naddiction services and supports." Nothing in this subdivision shall be\nconstrued as requiring or prohibiting the further amendment of statutes\nor regulations to conform to the provisions of this subdivision.\n 3. "Mental disability" means mental illness, intellectual disability,\ndevelopmental disability, or an addictive disorder as defined in this\nsection.\n 4. "Services for persons with a mental disability" means examination,\ndiagnosis, care, treatment, rehabilitation, supports, habilitation or\ntraining or as may be more specifically defined in this section.\n 5. "Provider of services" means an individual, association,\ncorporation, partnership, limited liability company, or public or\nprivate agency, other than an agency or department of the state, which\nprovides services for persons with a mental disability. It shall not\ninclude any part of a hospital as defined in article twenty-eight of the\npublic health law which is not being operated for the purpose of\nproviding services for the mentally disabled. No provider of services\nshall be subject to the regulation or control of the department or one\nof its offices except as such regulation or control is provided for by\nother provisions of this chapter.\n 6. "Facility" means any place in which services for the mentally\ndisabled are provided and includes but is not limited to a psychiatric\ncenter, developmental center, institute, clinic, ward, institution, or\nbuilding, except that in the case of a hospital as defined in article\ntwenty-eight of the public health law it shall mean only a ward, wing,\nunit, or part thereof which is operated for the purpose of providing\nservices for the mentally disabled. It shall not include a place where\nthe services rendered consist solely of non-residential services for the\nmentally disabled which are exempt from the requirement for an operating\ncertificate under article sixteen, thirty-one or thirty-two of this\nchapter, nor shall it include domestic care and comfort to a person in\nthe home.\n 7. "Department facility" means a facility within one of the offices of\nthe department.\n 8. "Examining physician" means a physician licensed to practice\nmedicine in the state of New York.\n 9. "Certified psychologist" means a person who has been certified and\nregistered to practice psychology in the state of New York pursuan
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