§ 31.11 Certain duties of providers of services.\n It shall be the duty of every holder of an operating certificate, or\nprogram funded or administered by the office of mental health to assist\nthe department and the commission on quality of care for the mentally\ndisabled in carrying out their respective regulatory and oversight\nfunctions by:\n 1. complying with the applicable provisions of this chapter, other\napplicable laws, and the regulations of the commissioner.\n 2. making such reports as are necessary to provide notification to the\ndistrict attorney or other appropriate law enforcement official and the\ncommissioner or his or her authorized representative as soon as\npossible, or in any event within three working days, if it appears that\na crime may have been committed against a patient receiving services\nfrom such provider, unless it appears that the crime includes an\nemployee, intern, volunteer, consultant, contractor, or visitor and the\nalleged conduct caused physical injury or the patient was subject to\nunauthorized sexual contact, or if it appears the crime is endangering\nthe welfare of an incompetent or physically disabled person pursuant to\nsection 260.25 of the penal law, or if the crime was any felony under\nstate or federal law, then the district attorney or other appropriate\nlaw enforcement official must be contacted immediately, and in any event\nno later than twenty-four hours and such other reports, uniform and\notherwise, as are required by the commissioner or his or her authorized\nrepresentative with respect to its operations. If there is reasonable\ncause to believe that the crime against the client may have occurred in\na facility or program of any other service provider licensed, certified,\nfunded or operated by a state agency, the administrator or chief\nexecutive officer of such other service provider shall also be notified\nas soon as possible, or in any event within three working days. Provided\nhowever, nothing herein shall require such report to an administrator or\nchief executive officer of a provider who is alleged to have committed\nthe crime. The commissioner may execute a memorandum of understanding\nwith the commissioners of other appropriate state agencies to ensure the\ncoordination and cooperation of such agencies and providers of services\nwith regard to the conduct of any investigation and prevention of\nunnecessary duplicative investigations resulting from the report of an\nalleged crime that may have occurred in a facility or program of another\nservice provider. Information obtained by the commissioner or the\ncommission on quality of care for the mentally disabled from the records\nof patients receiving services shall be kept confidential in accordance\nwith the provisions of this chapter.\n 3. cooperating with the commissioner or his or her authorized\nrepresentative and the commission on quality of care for the mentally\ndisabled or any representative authorized by the chair of such\ncommission in any investigation or inspection conducted by the\ndepartment of mental hygiene or commission on quality of care for the\nmentally disabled.\n 4. permitting the commissioner or his or her authorized representative\nand the commission on quality of care for the mentally disabled or any\nrepresentative authorized by the chair of such commission to inspect its\nfacility and all books and records, including patient records, kept by\nit and to interview and examine any patient at its facility except that\nno such patient may be examined against his or her will.\n 5. providing, to the office of mental health, in a form or format\nrequested by the commissioner, records requested by such office relating\nto persons as described in subdivision (j) of section 7.09 of this\nchapter who may be disqualified from possessing a firearm pursuant to 18\nUSC 922(4)(d).\n
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