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traveling and incidental expenses, payable semi-monthly. The commission shall choose one of its members to be chairman thereof. The medical member of the commission shall hold office during good behavior. The full term of office of a commissioner other than the medical commissioner shall be six years. Any commissioner may be removed by the governor for cause, stated in writing, after an opportunity has been given him to be heard thereon. The commissioners shall be appointed by the governor, by and with the advice and consent of the senate. The commissioners in lunacy now in office shall be continued as state hospital commissioners for the respective terms for which they were appointed. (As amended by chapter 121 of the Laws of 1912.)
§ 4. Office and clerical force of commission; engineers, medical and other inspectors. The commission shall be provided by the proper authorities with a suitably furnished office in the state capitol. It may employ a secretary, a stenographer, inspectors, engineers and such other employees as may be necessary. The salaries and reasonable expenses of the commission, inspectors, engineers, experts and of the necessary clerical assistants shall be paid by the treasurer of the state on the warrant of the comptroller, out of any moneys appropriated for the support of the insane.
The commission may also appoint a medical inspector, who shall be a well educated physician, a graduate of an incorporated medical college, and who shall have had at least five years' actual experience in an institution for the care and treatment of the insane. Such inspector shall receive an annual salary to be fixed by the commission subject to the approval in writing of the governor and the action of the legislature, not to exceed five thousand five hundred dollars, and all his actual and necessary traveling expenses incurred by him in the performance of his duties, which shall be audited and paid in the same manner as the other expenses of the commission. He shall, subject to the direction of the commission, visit and inspect the several state hospitals and other institutions for the insane which are subject to the supervision, visitation and inspection of the commission. He shall, subject to the direction of the commission, make an examination, so far
as the circumstances may permit, of the patients confined in such hospitals and institutions, especially those admitted thereto since his preceding visit, giving such as may request it suitable opportunity to converse with him apart from the officers and attendants. He shall perform such other duties as may be prescribed and directed by the commission. The commission may employ such other experts, regularly or from time to time, as may be necessary to enable it to advise the purchasing committee and the state hospitals as to purchasing, handling and consumption of supplies; the operation of the farms, and engineering matters.
The commission shall furnish the purchasing committee clerical and advisory help. Expenses of the purchasing committee shall be apportioned by the commission among the hospitals on such basis as it deems equitable (As amended by chapter 157 of the Laws of 1909, chapter 768 of the Laws of 1911, and chapter 121 of the Laws of 1912.)
§ 5. Official seal and execution of papers. The commission shall have an official seal. Every process, order or other paper issued or executed by the commission, may, by the direction of the commission, be attested, under its seal, by its secretary or by any member of the commission, and when so attested shall be deemed to be duly executed by the commission.
§ 6. General powers. The commission is charged with the execution of the laws relating to the custody, care and treatment of the insane, as provided in this chapter, not including feebleminded persons and epileptics as such and idiots. They shall examine all institutions, public and private, authorized by law to receive and care for the insane, and inquire into their methods. of government and the management of all such persons therein. They shall examine into the condition of all buildings, grounds and other property connected with any such institution, and into all matters relating to its management. For such purpose each commissioner shall have free access to the grounds, buildings and all books and papers relating to any such institution. All persons connected with any such institution shall give such information, and afford such facilities for any such examination or inquiry as the commissioners may require. The commission may, by order,
appoint a competent person to examine the books, papers and accounts, and also into the general condition and management of any institution to the extent deemed necessary and specified in the order. The commission may endeavor to secure legislation from congress to provide more effectually for the removal of alien and nonresident insane, and may expend a reasonable sum therefor, from the moneys appropriated for the use of the hospitals. The commission may permit any religious or missionary corporation or society to erect a building on the grounds of any state hospital, for the holding of religious services, to be used exclusively for the benefit of the inmates and employees of the state hospital, subject to such conditions as may be imposed by the commission.
§ 7. General powers as to state hospitals. The commission shall, subject to the powers hereinafter granted to boards of managers:
1. Have the general oversight of the state hospitals, and the control of all the property thereof, and see that the purposes of such hospitals are carried into effect by the boards of managers according to law.
2. Accept and hold in behalf of the state, if for the public interest, a grant, gift, devise or bequest, of money or property, to the state of New York, to the commission in lunacy, or to any state hospital or the managers thereof, heretofore or hereafter made in trust for the maintenance or support of an insane person or persons in a state hospital or hospitals, or for any other legitimate purpose connected with any such hospital or hospitals. The commission shall cause each said gift, grant, devise or bequest to be kept as a distinct fund, and shall invest the same in the manner provided by the laws of this state as the same now exist, or shall hereafter be enacted, relating to securities in which the deposits in savings banks may be invested. But the commission may, in its discretion, deposit in a proper trust company or savings bank during the continuance of the trust, any fund so left in trust for the life of a single person, and shall adopt rules and regulations governing the deposit, transfer or withdrawal of such fund. The commission shall on the expiration of any trust as provided in any
instrument creating the same, dispose of the fund thereby created in the manner provided in such instrument. The commission shall include in its annual report a statement showing what funds are so held by it and the condition thereof.
§ 8. Official visits. The commission, or a majority thereof, shall visit every such state hospital jointly or by a majority of the commission and every such private institution by one member of the commission at least twice in each calendar year. Such visits shall be made on such days and at such hours of the day or night, and for such length of time, as the visiting commissioner may choose. But each commissioner may make such other visits as he or the commission may deem necessary. Each visit shall include, to the fullest extent deemed necessary, an inspection of every part of each institution, and all the outhouses, places, buildings and grounds belonging thereto or used in connection therewith. The commissioners shall, from time to time, make an examination of all the records and methods of administration, the general and special dietary, the stores and methods of supply, and, as far as circumstances may permit, of every patient confined therein, especially those admitted since the preceding visit, giving such as may require it suitable opportunity to converse with the commissioners apart from the officers and attendants. They shall, as far as they deem necessary, examine the officers, attendants and other employees, and make such inquiries as will determine their fitness for their respective duties. At the next regular or special meeting of the commission, after any such visit, the visiting commissioners shall report the result thereof, with such recommendations for the better management or improvement of any such institution, as they may deem necessary. But such recommendations shall not be contrary to the doctrines of the particular school of medicine adopted by such institutions. The commissioners shall, at least once each year, at a time to be appointed by the commission, meet the managers of such institutions, or as many of the number as practicable, in conference, and consider, in detail, all questions of management and improvement of the institution, and they or one or more of them with the managers shall inspect the institution or such parts thereof as they may deem necessary and shall also send
to the managers, in writing, if approved by a majority of the commissioners, such recommendations in regard to the management and improvement of the institution as they may deem necessary or desirable.
§ 9. Visitation and inspection of certain institutions. Any member of the commission or the medical inspector may visit any sanitarium or other institution, wherein sick or infirm persons are received, cared for or treated, for the purpose of ascertaining whether insane persons are confined therein without. authority, and contrary to the provisions of law. All persons having charge of, and connected with, any such sanitarium or institution shall permit any member of the commission and the medical inspector to have free access to any portion thereof, and shall give such information and afford such facilities for inspection or inquiry, as the member of the commission, or the medical inspector, making such visit and inspection, may require. (As amended by chapter 121 of the Laws of 1912.)
§ 10. Regulations and forms. The commission shall make such regulations in regard to the correspondence of the insane in custody as in its judgment will promote their interests, and it shall be the duty of the proper authorities of each institution to comply with and enforce such rules and regulations. All such insane shall be allowed to correspond without restriction with the county judge and district attorney of the county from which they were committed. The books of record and blank forms for the official use of the hospitals shall be uniform, and shall be approved by the commission.
§ 11. Annual report. The commission shall, annually, report to the legislature its acts and proceedings for the year ending September thirtieth last preceding, with such facts in regard to the management of the institutions for the insane as it may deem necessary for the information of the legislature, including estimates of the amounts required for the use of the state hospitals and the reasons therefor; and also so much of the annual reports. made to the commission by the State Charities Aid Association