§ 261.121. Powers and obligations of the Commissioner of Community Mental Health.

The commissioner's qualifications shall meet the standards fixed by the State Commissioner of Mental Hygiene, and the commissioner shall have the powers and duties of the Department of Community Mental Health and those powers conferred or imposed upon the Community Mental Health, Mental Retardation, Alcoholism and Substance Abuse Services Board, and the Director of a Community Mental Health, Mental Retardation, Alcoholism and Substance Abuse Board by the Mental Hygiene Law or any other applicable law. Except as otherwise provided by law, such powers and duties shall include, but shall not be limited to:

1.

Determining the needs of the mentally ill, mentally retarded, developmentally disabled, and those persons afflicted with alcoholism and substance abuse in the county, which determination shall include the review and evaluation of all mental hygiene and substance abuse services and facilities within the Commissioner's jurisdiction;

2.

Engaging in short-range, intermediaterange and long-range mental hygiene, alcoholism and substance abuse planning which reflects the entire array of the county mental hygiene needs and mental hygiene resources, alcoholism and substance abuse needs and alcoholism and substance abuse resources; to effect such planning the Commissioner shall have assembled and analyzed all proper relevant data from all providers of services;

3.

Developing in conjunction with the Community Services Board and submitting to the County Executive and the County Board of Legislators a program for the delivery of services for the mentally ill, mentally retarded, developmental disabled and for those persons afflicted with alcoholism and substance abuse, including construction and operation of facilities;

4.

Arranging, with the approval of the County Executive for the rendition of the services and operation of facilities by other agencies of the county;

5.

Within the amounts appropriated therefor and with the approval of the Board of Acquisition and Contract, entering into contracts for the rendition of operation of services and facilities on a per capita basis or otherwise;

6.

Within the amounts appropriated therefor, executing such programs and maintaining such facilities as may be authorized under such appropriations;

7.

It is in the public interest to have as much of the service delivery system in the voluntary sector as is possible and practical. Only where the voluntary sector cannot provide a needed service should consideration be given to provision in the public sector;

8.

Implementing and administering a countywide planning process for the delivery of services for the mentally ill, mentally retarded, developmentally disabled and for those persons afflicted with alcoholism and substance abuse; and designing and incorporating within the planning process, consistent with applicable law, standards and procedures for community participation at the county and local community level;

9.

Encouraging the development and expansion of programs for the prevention, diagnosis, care, treatment, social and vocational rehabilitation, special education and training of the mentally ill, mentally retarded, developmentally disabled and for those persons afflicted with alcoholism and substance abuse and for public education on mental disability and substance abuse;

10.

Establishing coordination and cooperation among all providers of services, coordinating the department's program with the program of the State Department of Mental Hygiene so that there is a continuity of care among all providers of services; and seeking to cooperate by mutual agreement with the State Department of Mental Hygiene and its representatives in preadmission screening and in posthospital care of persons suffering from mental illness, mental retardation, developmental disability, alcoholism and substance abuse;

11.

Making policy and planning for, monitoring, evaluating and exercising general supervision over all services and facilities for the mentally ill, mentally retarded, developmental disability, alcohol and substance abusers within the commissioner's jurisdiction; and exercising general supervisory authority, through the promulgation of appropriate standards consistent with accepted professional practices, over the care and treatment of patients within such services and facilities;

12.

To the extent necessary to carry out the provisions of this chapter, the Mental Hygiene Law and other applicable laws and when not inconsistent with any other law, arranging for the visitation, inspection and investigation of all providers of services, by the department or otherwise;

13.

Conducting or contracting for such research and studies as may be useful for the discharge of the commissioner's duties and for the promotion of mental health, prevention of mental illness, mental retardation, developmental disability, alcoholism and substance abuse;

14.

Submitting all materials required by the Mental Hygiene Law for purposes of state reimbursement.

(Added as § 290-a by L.L. No. 4-1960; amended by L.L. No. 1-1978)