OMH Regulations
State regulations lay out the minimum standards for mental health service provider certification and programmatic operation. The Office of Menatl Health's (OMH) regulations are included in Title 14 of the New York Codes, Rules and Regulations (NYCRR).
Access to all New York State regulations is available through the State Register. For more information, please contact OMH's Bureau of Policy, Regulation and Legislation at (518) 474-1331.
WAIVER INFORMATION
The Commissioner can grant a waiver of an OMH regulation in the Part 500 series of Title 14 NYCRR, not otherwise required by State or Federal law.
There is no right to a waiver. The granting of waivers is at the sole discretion of the Commissioner. Review the Waiver Regulation for more information.
Waiver Instructions | Waiver Request Form | Waiver Decisions
REGULATIONS
Proposed | Emergency | Adoption| Repealed
Regulations in this section have been proposed through publication of a notice in the State Register. They are currently undergoing the public review process. After OMH has received and considered public comment on the proposed rules, a Notice of Adoption must be filed with the Department of State before they are effective.
- Amendment of Part 551 relating to the Prior Approval Process
OMH TextOMH has filed a Notice of Proposed Rulemaking for Part 551 of Title 14 of the NYCRR. The State is looking to streamline the PAR process. These proposed changes incorporate provider and local government unit feedback over the past several years on the PAR process. The PAR process was established to ensure that new and existing providers that offer licensed mental health services meet quality, safety, and fiscal viability standards.
The proposed rulemaking was published in the April 10, 2024, State Register on page 16 (Issue #15). The public comment period ends June 10, 2024. Comments may be submitted via email to: regs@omh.ny.gov
- Amendment of Parts 583 and 584 relating to Residential Treatment Facilities for Children and Youth
OMH TextOMH has filed a Notice of Proposed Rulemaking for Parts 583 and 584 of Title 14 of the NYCRR. The State is looking to streamline the admission process to residential treatment facilities to ensure that youth are accessing these services appropriately and to clarify the often complicated process for families and those supporting such youth. These changes update the language of the regulation, provide additional clarification and implement Chapter 58 of the Laws of 2020 and Mental Hygiene Law Section 9.51.
The proposed rulemaking was published in the March 13, 2024, State Register on page 11 (Issue #11). The public comment period ends May 12, 2024. Comments may be submitted via email to: regs@omh.ny.gov
- Amendment of Part 590 relating to the Operation of Comprehensive Psychiatric Emergency Programs
OMH TextOMH has filed a Notice of Revised Rulemaking for Part 590 of Title 14 of the NYCRR. The proposed rule furthers the legislative policy of providing high quality inpatient mental health services to individuals with mental illness and to require standard screenings and assessments to take place on admission, require active coordination with community and residential providers, and to require comprehensive discharge plans. Part 590 of Title 14 NYCRR sets forth standards for the certification, operation, and organization of comprehensive psychiatric emergency programs (CPEP).
The proposed rulemaking was published in the July 31, 2024, State Register on page 25(Issue #31). The public comment period ends September 14, 2024. Comments may be submitted via email to: regs@omh.ny.gov
- Amendment of Part 582 relating to the Operation of Hospitals for Persons with Mental Illness
OMH TextOMH has filed a Notice of Revised Rulemaking for Part 582 of Title 14 of the NYCRR. The proposed rule furthers the legislative policy of providing high quality inpatient mental health services to individuals with mental illness and to require standard screenings and assessments to take place on admission, require active coordination with community and residential providers, and to require comprehensive discharge plans. Part 582 of Title 14 NYCRR sets forth standards for the certification, operation and organization of psychiatric inpatient hospitals.
The proposed rulemaking was published in the July 31, 2024, State Register on page 28 (Issue #31). The public comment period ends September 14, 2024. Comments may be submitted via email to: regs@omh.ny.gov
- Amendment of Part 580 relating to the Operation of Psychiatric Inpatient Units of General Hospitals
OMH TextOMH has filed a Notice of Revised Rulemaking for Part 580 of Title 14 of the NYCRR. The proposed rule furthers the legislative policy of providing high quality inpatient mental health services to individuals with mental illness and to require evidence-based screenings to take place on admission and to require comprehensive discharge plans. Part 580 of Title 14 NYCRR sets forth standards for the certification, operation and organization of psychiatric inpatient units of general hospitals serving children and adults.
The proposed rulemaking was published in the July 31, 2024, State Register on page 23 (Issue #31). The public comment period ends September 14, 2024. Comments may be submitted via email to: regs@omh.ny.gov
This section includes amendments that have been adopted as Emergency Regulations. Emergency rules are effective on the date they are filed, based on a finding by OMH that immediate adoption of the rule is necessary for the preservation of the public health, safety or general welfare and that compliance with the requirements of the Notice of Proposed Rulemaking process would be contrary to the public interest.
Regulations in this section have undergone the public review process and have been adopted as permanent rules. Adopted regulations will be available on this site for one year from the date of adoption. All permanent OMH regulations are available through the Department of State .