N.Y. Comp. Codes R. & Regs. tit. 14 § 543.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 543.4 - Definitions

For the purposes of only this Part:

(a) Adjudicated as having a mental disability or adjudication as having a mental disability means, and shall have the same meaning as the term adjudicated as a mental defective is defined in Federal regulations at 27 C.F.R. 478.11, a determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease is a danger to himself or to others or lacks the mental capacity to contract or manage his own affairs. Such term includes a finding of insanity by a court in a criminal case; and those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850 a, 876b.

(b) Committed to a mental institution means, as such term is defined in Federal regulations at 27 C.F.R. 478.11, a formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. Such term includes a commitment to a mental institution involuntarily; commitment for mental defectiveness or mental illness; and commitments for other reasons, such as for drug use, provided, however, that such term does not include a person in a mental institution for observation or a voluntary admission to a mental institution. For purposes of this Part, committed to a mental institution shall include persons who have been involuntarily committed or confined pursuant to article 9 or 10 of the Mental Hygiene Law, article 730 or section 330.20 of the Criminal Procedure Law, section 402 or 508 of the Correction Law, or section 322.2 or 353.4 of the Family Court Act.

(c) Mental institution means and includes hospitals, as defined in section 1.03 of the Mental Hygiene Law, that are licensed or operated by the Office of Mental Health and secure treatment facilities operated by such office.

(d) Qualified psychiatrist means, as that term is defined in section 9.01 of the Mental Hygiene Law, a physician licensed to practice medicine in New York State who:

(1) is a diplomate of the American Board of Psychiatry and Neurology or is eligible to be certified by that board; or

(2) is certified by the American Osteopathic Board of Neurology and Psychiatry or is eligible to be certified by that board.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 543.4