§ 47.03 Functions, powers and duties of the service.\n The mental hygiene legal service in each judicial department of the\nstate shall perform the following duties:\n (a) To study and review the admission and retention of all patients or\nresidents which shall include a review of the willingness of the patient\nor resident to remain in his or her status and the determination of the\nfacility director as to suitability of such status, as provided for by\nthis chapter;\n (b) To inform patients or residents and, in proper cases, others\ninterested in such persons' welfare of procedures for admission and\nretention and of the patients' or residents' right to have judicial\nhearing and review, to be represented by legal counsel, and to seek\nindependent medical opinion;\n * (c) To provide legal services and assistance to patients or\nresidents and their families related to the admission, retention, and\ncare and treatment of such persons, to provide legal services and\nassistance to subjects of a petition or patients subject to section 9.60\nof this chapter, and to inform patients or residents, their families\nand, in proper cases, others interested in the patients' or residents'\nwelfare of the availability of other legal resources which may be of\nassistance in matters not directly related to the admission, retention,\nand care and treatment of such patients or residents;\n * NB Effective until June 30, 2027\n * (c) To provide legal services and assistance to patients or\nresidents and their families related to the admission, retention, and\ncare and treatment of such persons, and to inform patients or residents,\ntheir families and, in proper cases, others interested in the patients'\nor residents' welfare of the availability of other legal resources which\nmay be of assistance in matters not directly related to the admission,\nretention, and care and treatment of such patients or residents;\n * NB Effective June 30, 2027\n (d) To be granted access at any and all times to any facility or place\nor part thereof described in subdivision (a) of section 47.01 of this\narticle, and to all books, records and data pertaining to any such\nfacility or place deemed necessary for carrying out its functions,\npowers and duties. The mental hygiene legal service may require from the\nofficers or employees of such facility or place any information deemed\nnecessary for the purpose of carrying out the service's functions,\npowers and duties. Information, books, records or data which are\nconfidential and any limitations on the release thereof imposed by law\nupon the party furnishing the information, books, records or data shall\napply to the service. Provided, however, whenever federal regulations\nrestrict, or as a condition of federal aid require that a facility\nrestrict the release of information contained in the clinical record of\na patient or client, or restrict disclosure of the identity of a patient\nor access to that patient, to a greater extent than is allowed under\nthis section, the provisions of such federal law or federal regulation\nshall be controlling;\n (e) To initiate and take any legal action deemed necessary to\nsafeguard the right of any patient or resident to protection from abuse\nor mistreatment, which may include investigation into any such\nallegations of abuse or mistreatment of any such patient or resident;\nand\n (f) To provide legal services and assistance in accordance with\narticle ten of this chapter.\n
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