N.Y. Comp. Codes R. & Regs. tit. 9 § 3.35
WHEREAS, the quality of care provided to the mentally disabled in State facilities is a matter of great concern to the People of the State; and
WHEREAS, one indicator of the quality of care provided to the mentally disabled in State facilities is the number of unusual deaths which occur in such facilities; and
WHEREAS, it is essential to determine the causes of such deaths in order to continue the process of upgrading the quality of care to the mentally disabled in State facilities;
NOW, THEREFORE, I, Hugh L. Carey, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State, do hereby establish a Mental Hygiene Medical Review Board to be composed of five members, including specialists in forensic pathology, forensic psychiatry and internal medicine, to be appointed by the Governor to serve at his pleasure. The Governor shall designate one of the members to serve as chairman of the Mental Hygiene Medical Review Board. Members of the Board shall receive no compensation for their [continued] services but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
make a preliminary determination whether the death of a patient in a facility operated by the Department of Mental Hygiene, which has been brought to its attention, is unusual or whether such death reasonably appears to have resulted from other than natural causes and warrants investigation;
investigate the causes of and circumstances surrounding such unusual death or deaths from other than natural causes of patients in facilities operated by the Department of Mental Hygiene;
visit and inspect any facility in which such a death has occurred;
cause the body of the deceased to undergo such examinations, including an autopsy where authorized by law, as in the opinion of the Board are necessary to determine the cause of death, irrespective of whether such examination or autopsy shall have been previously performed;
upon review of the cause of and circumstances surrounding such death, submit its report to the Special Assistant to the Governor for Health Affairs and, where appropriate, shall make recommendations to prevent the recurrence of such deaths; and upon request of the Special Assistant to the Governor for Health Affairs or of the Commissioner, investigate and report on the adequacy and quality of medical care provided to the mentally disabled by the Department, a facility or a part thereof.
Signed: Hugh L. CareyDated: May 19, 1976
[FN*] [Amended by Executive Order No. 44 (Hugh L. Carey), § 3.44, infra.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.35