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11-a. Establish and maintain in connection with the hospital, patient de- subject to the approval of the state hospital commission, one or or mental more out-patient departments or mental clinics within the hospital district of such state hospital, and assign to duty in any such department or mental clinic members of the medical staff, nurses or other employees of the hospital, and make such necessary expenditures as may be required therefor, subject to the approval of the commission.

§ 45.

subd. 12 amended.

Officers and employees; rules governing.

Subd. 13 ndled to § 45.

Investigation of treatment

of patients, and

officers

and employees.

12. Subdivision twelve of section forty-five of such chapter, as last amended by chapter one hundred and twenty-one of the laws of nineteen hundred and twelve, is hereby amended to read as follows:

12. The commission shall formulate by-laws, rules and regulations governing the appointment and duties of officers and employees of all the state hospitals, and for the internal government, discipline and management of the same. Such by-laws, rules and regulations shall be subject to the approval of the quarterly conference of superintendents and managers with the commission as provided in section forty-eight of this act. Such by-laws, rules and regulations shall be uniform for all the state hospitals, and shall not be inconsistent with the provisions of this chapter nor with the provisions of the civil service law and the rules and regulations established thereunder. The by-laws, rules and regulations approved by the state hospital commission and the quarterly conference in December, nineteen hundred and twelve, shall continue in force except as they may hereafter be modified, amended or repealed as provided by this chapter.

$ 12. There is hereby added to section forty-five of such chapter, a new subdivision, to be known as subdivision thirteen, to read as follows:

13. The superintendent or other officer designated by him shall, in any investigation into the treatment and care of patients and the conduct, performance or neglect of duty of officers or emconduct of ployees, be authorized to subpoena witnesses, compel their attendance, administer oaths to witnesses, examine witnesses under oath and require the production of any books or papers deemed relevant or material to the inquiry or investigation. The attendance of the witness and the giving of testimony or production of a book or paper by him may be compelled under the provisions of sections four hundred and six, four hundred and seven, and four hundred and eight of the civil practice act.

§ 47 repealed.

$ 48

amended.

§ 14. Section forty-seven of such chapter relating to purchasing steward for the state hospitals in the metropolitan district, as last amended by chapter six hundred and eight of the laws of nineteen hundred and sixteen, is hereby repealed.

§ 15. Section forty-eight of such chapter, as last amended by chapter one hundred and twenty-one of the laws of nineteen hundred and twelve, is hereby amended to read as follows: § 48. Meetings of superintendents. The superintendents or other officers of the several state hospitals designated by them shall meet, at least four times a year, upon the call of the commission,

at the office of the commission in Albany, or at such other place as may be designated by it, to consult with such commission with reference to matters relating to the care and operations of the state hospitals, and particularly with reference to the care and treatment of the insane. Each board of managers may, in its discretion, send one or more of its members to such meetings.

§ 16. Section forty-nine of such chapter, as last amended by 49 chapter seven hundred and ninety-seven of the laws of nineteen amended. hundred and twenty, is hereby amended to read as follows: $ 49. Salaries of officers and wages of employees. The state hospital commission, from time to time shall fix, subject to the approval of the legislature, the annual salaries of the resident officers of the state hospitals, which shall be uniform for like service. They shall classify the other officers and employees into grades, and, except as provided by section fifty of this chapter, shall determine, subject to the approval of the legislature, the salaries and wages to be paid in each grade, which shall be uniform in all the hospitals. The salaries and wages shall be included in the estimates and paid in the same manner as other expenses of the state hospitals. Food supplies shall be allowed to officers and employees and the families of the superintendent, assistant superintendents, first assistant physician, directors of clinical psychiatry, pathologists and stewards, and where quarters are available in the judgment of the superintendent, such maintenance may also be allowed other resident officers, subject to the approval of the commission. Such families shall consist only of the wives and minor children of such officers. No other persons, except those regularly employed, shall be allowed rooms and maintenance, except at a rate to be fixed by the commission; food supplies shall be drawn from the supplies provided for general hospital use. With the approval of the commission, officers or employees of state hospitals may be permitted to live outside of such hospitals, and shall receive such sums in lieu of the quarters or supplies furnished by the hospitals, as may be equitable.

§ 17. Section fifty-one of such chapter, as last amended by chap 51 ter seven hundred and sixty-eight of the laws of nineteen hundred amended. and eleven, is hereby amended to read as follows:

§ 51. Quarterly estimates of expenditures; emergency fund. The superintendent of each of the state hospitals shall, once in each three months, as the commission may determine, cause to be prepared triplicate estimates in such detail as may be required by the commission, of the expenditures required by the hospital of which he is the superintendent, for the ensuing three months. He shall submit two of such triplicates to the commission and file. the third copy in the office of the superintendent. The commission may revise estimates for supplies or other expenditures either as to quantity, quality, or the estimated cost thereof, and shall certify that it has carefully examined the same and that the expenditures contained in such estimates, as approved or revised. by it, are actually required for the use of the hospital, and shali $ Previously amended by L. 1912, ch. 121; L. 1915, ch. 468.

$ 52,

subd. 3 amended.

Miscellaneous

thereupon present such estimate and certificate to the comptroller. Upon the revision and approval of such estimate by the commission, the comptroller shall authorize the superintendent as treasurer, or such other officer as the commission may designate as provided in this chapter, to make drafts on the comptroller, as the money may be required for the purposes mentioned in such estimates, which drafts shall be paid on the warrant of the comptroller, out of the funds in the treasury of the state held for the care of the insane and the maintenance of state hospitals. In every such estimate, there shall be a sum named, not to exceed one thousand dollars, as an emergency fund for which no minute detailed statement need be made. No money shall be expended for the use of any of the state hospitals, except as provided in this section. Libraries may be furnished to any state hospital by the regents of the University of the State of New York, subject to regulations adopted by them and the commission, the expense of which shall be included in the quarterly estimates of the hospitals.

§ 18. Subdivision three of section fifty-two of such chapter is hereby amended to read as follows:

3. Receive all money for the care and treatment of private and reimbursing patients and other sources of revenue of the hospital; of revenue. but where a designation of a person as treasurer is made as pro

sources

855

amended.

$ 59 amended.

vided by this chapter, the steward may be designated by the commission as deputy treasurer and he shall receive all such money and transmit the same, once each week, to the person so designated as treasurer, and report the amount so transmitted to the superintendent.

§ 19. Section fifty-five of such chapter, as last amended by chapter two hundred and ninety-three of the laws of nineteen hundred and fifteen, is hereby amended to read as follows:

§ 55. General powers and duties of the steward. The steward, under the direction of the superintendent, and subject to the rules and regulations of the hospital, shall be accountable for the careful keeping and economical use of all furniture, stores and other articles provided for the hospital, and under the direction of the superintendent, and subject to such rules and regulations, shall:

1. Make all purchases for the hospital, except as otherwise provided by law and keep full and accurate accounts of the same. 2. Prepare the pay-rolls of the hospital.

3. Keep the accounts for the care and treatment of patients and expenses incurred in their behalf, and furnish statements thereof as required.

4. Act as deputy treasurer of the hospital when so designated by the commission.

5. Where agricultural products are raised on grounds under the jurisdiction of the state hospital commission, the hospital, subject to the approval of such commission, may exchange such products for canned products of equal value.

§ 20. Section fifty-nine of such chapter, as last amended by chapter three hundred and twenty-nine of the laws of nineteen hundred and ten, is hereby amended to read as follows:

§ 59. Private institutions for the insane. No person, association or corporation shall establish or keep an institution for the care, custody or treatment of mental disease, for compensation or hire, without first obtaining a license therefor from the commission. A patient suffering from mental disease shall not be received and retained for treatment for compensation or hire in any institution for the care and treatment of persons suffering from diseases other than mental. Every application for a license shall be accompanied by a plan of the premises proposed to be occupied, describing the capacity of the buildings for the uses intended, the extent and location of grounds appurtenant thereto, and the number of patients proposed to be received therein, with such other information, and in such form, as the commission may require. The commission shall not grant any such license without first having made an examination of the premises proposed to be licensed, and being satisfied that they are substantially as described, and are otherwise fit and suitable for the purposes for which they are designed to be used, and that such license should be granted. The commission may, at any and all times, examine and ascertain how far a licensed institution is conducted in compliance with the license therefor, and after due notice to the institution and opportunity for it to be heard, the commission having made a record of the proceeding upon such hearing, may, if the interests of the inmates of the institution so demand, for just and reasonable cause then appearing and to be stated in its order, amend or revoke any such license by an order to take effect within such time after the service thereof upon the licensee, as the commission shall determine. This section shall not apply to a general hospital making provision in a pavilion or special wards for the care, nursing and observation or temporary detention of alleged insane patients, or patients pending commitment to a state hospital or an institution licensed by the state hospital commission.

amended.

§ 21. Subdivision one of section eighty-two of such chapter, s2, as last amended by chapter six hundred and seventy-three of the subd. 1 laws of nineteen hundred and twenty-one," is hereby amended to read as follows:

§ 82. Proceedings to determine the question of insanity. 1. Any person with whom an alleged insane person may reside or at whose house he may be, or the father or mother, husband or wife, brother or sister, or the child of any such person, or the nearest relative or friend available, or the committee of such person, or an officer of any well-recognized charitable institution or home, or any overseer of the poor of the town, or superintendent of the poor or other officer performing the duties of superintendent of the poor of the county in which any such person may be, may apply for such order, by presenting a verified petition containing a statement of the facts upon which the allegation of insanity is based, and because of which the application for the order is made. Such petition shall be accompanied by the certificate of lunacy of the medical examiners, as prescribed in the preceding section.

• Previously amended by L. 1912, ch. 121; L. 1914, ch. 307; L. 1919, ch. 506.

Except as hereinafter provided, notice of such application shall be served personally, at least one day before making such application, upon the person alleged to be insane, and if made by an overseer or superintendent of the poor, or other officer performing the duties of such a superintendent, also upon the husband or wife or father or mother of such alleged insane person, if there be any such known to be residing within the county, and if not, upon the nearest other relative if there be any relation known to be residing within the county, and if not upon the person with whom such alleged insane person may reside, or at whose house he may be, or, in their absence, upon a friend of the alleged insane person. Notwithstanding the foregoing provisions, if the judge to whom the application is to be made be satisfied from the petition or other papers in the proceeding or from inquiry that personal service of the notice on the alleged insane person would be ineffective or be detrimental to such person, he may, in his discretion, dispense therewith, and he shall dispense therewith if the examining physicians state in writing, under oath, that personal service on the alleged insane person would be detrimental to such person. However, if such personal service on the alleged insane person be dispensed with, and the petition be made by a person other than an overseer or superintendent of the poor or officer performing the duties of such a superintendent, the judge, by a written direction to be attached to or indorsed on the petition, shall require personal service of the notice to be made on one of the following persons, other than the petitioner, if there be any such known to be residing within the county: husband or wife, father or mother, other near relative, or a friend. Such direction shall name the person to be served and recite the reasons for dispensing with service on the insane person.

The judge to whom such application is made may, if no demand is made for a hearing in behalf of the alleged insane person, proceed forthwith to determine the question of insanity, and if satisfied that the alleged insane person is insane, may immediately issue an order for the commitment of such person to an institution for the custody and treatment of the insane. If, however, it appears that such insane person is harmless and his relatives or a committee of his person are willing and able to properly care for him, at some place other than such institution, upon their written consent, the judge may order that he be placed in the care and custody of such relatives or such committee. Such judge may, in his discretion require other proofs in addition to the petition and certificate of the medical examiners.

Upon the demand of any relative or near friend in behalf of such alleged insane person, the judge shall, or he may upon his own motion, issue an order directing the hearing of such application before him at a time not more than five days from the date of such order, which shall be served upon the parties interested in the application and upon such other persons as the judge, in his discretion, may name. Upon such day, or upon such other day to which the proceedings shall be regularly adjourned, he

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