Regulations

Notice and Disclaimer

While the New York State Office of Mental Health (OMH) makes every effort to post accurate and reliable information, it does not guarantee or warrant that the regulations posted on this web site are complete, accurate or up-to-date. This posting is not intended to replace official publication of regulations in the New York State Register, published by the New York State Department of State. The New York State Office of Mental Health assumes no responsibility for the use or application of any regulations posted here. This web site is intended solely for the purpose of electronically providing the public with convenient access to data resources. OMH assumes no responsibility for any error, omissions or other discrepancies between the electronic and printed versions of documents. OMH cannot provide individual legal advice or counseling. If you are seeking specific legal advice in relation to these regulations, you should contact a licensed attorney in your local community.

The New York State Department of State provides free access to all New York State regulations online at http://www.dos.ny.gov/info/nycrr.html . OMH's regulations are included in Title 14 of the New York Codes, Rules and Regulations (NYCRR). Please note that these online regulations are an unofficial version and are provided for informational purposes only. No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. Due to the timing of the posting process, the regulations posted on the Department of State website may not reflect the most current version of OMH regulations. For more information, please contact OMH's Bureau of Policy, Regulation and Legislation at (518) 474-1331.

Part 501 of Title 14 NYCRR grants the Commissioner the ability to waive regulatory requirements for purposes of testing innovative programs that may increase the efficiency and effectiveness of operations or providing additional flexibility to better meet local service needs while maintaining program quality and integrity.

Waiver Instructions | Waiver Request Form | Waiver Decisions

Proposed |  Emergency | Adoption

Proposed

The 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.

• Part 596 – Telepsychiatry Services
  OMH Text | State Register Notice

  At this time, the Office of Mental Health is proposing amendments to Title 14 NYCRR Part 596 – Telepsychiatry Services. Current regulations establish basic standards and parameters to approve the use of telepsychiatry in certain OMH-licensed programs that elect to offer this service.

  The proposed amendments are intended to continue to expand the opportunity to offer telemental health services in the New York State regulated mental health system. Originally limited to services provided by psychiatrists and nurse practitioners, these amendments expand the range of services that can be offered by mental health providers approved by the Office of Mental Health to deliver telemental health services to include services of psychologists, social workers, and mental health counselors.

The Proposed Rule Making was filed on January 9, 2019 and appears in January 23, 2019, issue no. 4 of the State Register on pages 6 - 7. The public comment period will end on March 10, 2019.

• Part 589 –Operation of Crisis Residence
  OMH Text | State Register Notice

  The Office of Mental Health (OMH) has filed a Notice of Proposed Rule Making to amend Part 589 of Title 14 NYCRR. OMH has revised Part 589 to update the language in the regulations and conform the regulations to more accurately reflect current practice related to the operation of crisis residences. The amendment updates the categories of crisis residences to match what is currently operation in the State of New York.

  The goals of the crisis management system are to maintain people safely in the community, reduce unnecessary emergency room visits and inpatient hospitalizations, reduce risk of future crises and coordinate information sharing among clinicians, recipients and involved family members and identified supports to reflect recipient’s preferences. The Notice of Proposed Rule Making was filed October 3, 2018 and appears in issue 43 of the October 24, 2018 State Register on pages 12-13.

Emergency

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.

Adoption

The 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 they were adopted as permanent rules. Once removed from this list, an unofficial version of all permanent OMH regulations can be accessed through the Department of State website at www.dos.ny.gov/info/nycrr.html .

• Section 18.7 - Procedure for Treatment and Hospitalization of Certain Mentally Ill Prisoners in Jail
  OMH Text | State Register Notice
  
  

  The New York State Office of Mental Health has filed a Notice of Adoption Title 14 NYCRR Part 508 Section 18.7 related to the procedure for treatment and hospitalization of certain mentally ill prisoners in jail.

  This consensus rule amends 14 NYCRR Section 18.7 to conform the regulation with the language of the recently amended statute. Part 508 of the Corrections Law authorizes inmates to be transferred from a jail to a hospital when they necessitate physical or mental health care. This proposal was filed as a consensus rule as it is non-discretionary and makes minor technical corrections. 

  The Proposed Rule Making was published in the State Register on February 28, 2018. The public comment period ended on April 29, 2018, and no comments were received. The Notice of Adoption was filed May 16, 2018 and appears on page 5 in the June 6, 2018 issue of the State Register .

• Part 511 - Early and Periodic Screening, Diagnostic and Treatment Services for Children
  OMH Text | State Register Notice
  
  

  The New York State Office of Mental Health filed Notice of Adoption having worked in collaboration with the Office of Alcoholism and Substance Abuse Services (OASAS), Office of Children and Family Services (OCFS), and the Department of Health (DOH) to promote the expansion of behavioral health services for children and youth under 21 years of age by identifying services to be offered under the Early and Periodic Screening, Diagnosis and Treatment Benefits, commonly known as EPSDT. The addition of Part 511 is the result of this collaborative effort.

  The proposed rulemaking was published in the State Register on April 4, 2018 pages 7-8, ended on May 4, 2018, and no comments were received.  The adoption was filed on May 14, 2018 and appears on pages 18-20 in the May 30, 2018 issue of the State Register.