N.Y. MHY Law § 33.02 — New York Code / Act MHY / Title E / Article 33 / Section 33.02
Notice of rights of individuals with mental disabilities
Status: in_force

§ 33.02 Notice of rights of individuals with mental disabilities.\n  (a) In order to ensure that residents of facilities or programs\noperated or licensed by the office of mental health and facilities or\nprograms operated or certified by the office for people with\ndevelopmental disabilities are treated consistently with the laws and\nregulations assuring quality care, the commissioner of the office of\nmental health and the commissioner of the office for people with\ndevelopmental disabilities shall promulgate regulations informing\nresidents of their rights under law. Such regulations shall include, but\nnot be limited to, informing residents that they have the right to:\n  1. a safe and sanitary environment;\n  2. a balanced and nutritious diet;\n  3. appropriate personal clothing for residents of hospitals and\ndevelopmental centers;\n  4. practice religion;\n  5. freedom from abuse and mistreatment by employees or other residents\nof the facility;\n  6. adequate grooming and personal hygiene supplies for residents of\nhospitals and developmental centers;\n  7. a reasonable amount of safe storage space for clothing and other\npersonal property;\n  8. a reasonable degree of privacy in sleeping, bathing and toileting\nareas;\n  9. receive visitors at reasonable times, to have privacy when visited,\nand to communicate freely with persons within or outside the facility;\n  10. appropriate medical and dental care for residents of hospitals and\ndevelopmental centers;\n  11. an individualized plan of treatment or services and to participate\nin the development of that plan including the opportunity for a patient\nsixteen years of age or older to request a significant individual to\nhimself or herself including any relative, close friend or individual\notherwise concerned with such person's welfare to participate in the\ndevelopment of such plan, except that at comprehensive psychiatric\nemergency programs such plan shall be in accordance with the\ncommissioner's regulations and the opportunity for participation by a\nsignificant individual shall be provided where practicable. For the\npurposes of this paragraph, a written treatment plan may include the\nprogram narrative for clients served by an integrated community\ncertified by the office for people with developmental disabilities;\n  12. bring any questions or complaints, including complaints regarding\nany orders limiting such residents' rights, to the facility director,\nthe mental hygiene legal service, the board of visitors if applicable,\nand the commission on quality of care for the mentally disabled; and\n  13. authorize those family members and other adults who will be given\npriority to visit consistent with the patient's ability to receive\nvisitors.\n  (b) The foregoing rights may not be limited as a punishment or for the\nconvenience of staff. Any limitation on the rights enumerated shall be\npermitted for an individual resident of a hospital operated or licensed\nby the office of mental health or developmental center operated by the\noffice for people with developmental disabilities only upon written\norder of a physician in the resident's clinical record stating the\nclinical justification for such limitation and the specific period of\ntime such limitation shall remain in effect. Any limitation on the\nrights enumerated shall be permitted for an individual resident of any\nother residential facility or program operated or licensed by the office\nof mental health or operated or certified by the office for people with\ndevelopmental disabilities only upon written order by the director or\nchief executive officer of such facility or program upon receipt of a\nrecommendation by the treating practitioner as defined by paragraph\nseven of subdivision (a) of section 33.16 of this article with such\norder to be placed in the resident's clinical record stating the\nclinical justification for such limitation and the specific period of\ntime such limitation shall remain in effect.\n  (c) The commissioners and the facility director shall ensure that a\nnotice of the rights included in regulations promulgated pursuant to\nthis section is posted in each ward or living area of every hospital\noperated or licensed by the office of mental health and every\ndevelopmental center operated by the office for people with\ndevelopmental disabilities, and that such notice is provided to every\nindividual resident of any other residential facility or program\noperated or licensed by the respective offices upon admission to such\nfacility or program, upon limitation on any right, or at the\nindividual's request. The notice shall include the address and telephone\nnumbers of the office of the facility director or such person's designee\nresponsible for receiving questions or complaints, the board of visitors\nif applicable, the mental hygiene legal service, the vulnerable persons'\ncentral register and the justice center for the protection of people\nwith special needs.\n