2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 33 - Rights of Patients › 33.02 - Notice of Rights of Individuals With Mental Disabilities.

§ 33.02 Notice of rights of individuals with mental disabilities.
(a)  In  order  to  ensure  that  residents  of facilities or programs
operated or licensed by the office of mental health  and  facilities  or
programs   operated   or   certified  by  the  office  for  people  with
developmental disabilities are treated consistently with  the  laws  and
regulations  assuring  quality  care,  the commissioner of the office of
mental health and  the  commissioner  of  the  office  for  people  with
developmental   disabilities   shall  promulgate  regulations  informing
residents of their rights under law. Such regulations shall include, but
not be limited to, informing residents that they have the right to:
1. a safe and sanitary environment;
2. a balanced and nutritious diet;
3. appropriate  personal  clothing  for  residents  of  hospitals  and
developmental centers;
4. practice religion;
5. freedom from abuse and mistreatment by employees or other residents
of the facility;
6.  adequate  grooming  and personal hygiene supplies for residents of
hospitals and developmental centers;
7. a reasonable amount of safe storage space for  clothing  and  other
personal property;
8.  a  reasonable degree of privacy in sleeping, bathing and toileting
areas;
9. receive visitors at reasonable times, to have privacy when visited,
and to communicate freely with persons within or outside the facility;
10. appropriate medical and dental care for residents of hospitals and
developmental centers;
11. an individualized plan of treatment or services and to participate
in the development of that plan including the opportunity for a  patient
sixteen  years  of  age  or older to request a significant individual to
himself or herself including any relative, close  friend  or  individual
otherwise  concerned  with  such  person's welfare to participate in the
development of such  plan,  except  that  at  comprehensive  psychiatric
emergency   programs   such   plan  shall  be  in  accordance  with  the
commissioner's regulations and the opportunity for  participation  by  a
significant  individual  shall  be  provided  where practicable. For the
purposes of this paragraph, a written treatment  plan  may  include  the
program   narrative  for  clients  served  by  an  integrated  community
certified by the office for people with developmental disabilities;
12. bring any questions or complaints, including complaints  regarding
any  orders  limiting  such residents' rights, to the facility director,
the mental hygiene legal service, the board of visitors  if  applicable,
and the commission on quality of care for the mentally disabled; and
13.  authorize those family members and other adults who will be given
priority to visit consistent  with  the  patient's  ability  to  receive
visitors.
(b) The foregoing rights may not be limited as a punishment or for the
convenience  of  staff. Any limitation on the rights enumerated shall be
permitted for an individual resident of a hospital operated or  licensed
by  the  office of mental health or developmental center operated by the
office for people with  developmental  disabilities  only  upon  written
order  of  a  physician  in  the  resident's clinical record stating the
clinical justification for such limitation and the  specific  period  of
time  such  limitation  shall  remain  in  effect. Any limitation on the
rights enumerated shall be permitted for an individual resident  of  any
other residential facility or program operated or licensed by the office
of  mental health or operated or certified by the office for people with
developmental disabilities only upon written order by  the  director  or

chief  executive  officer  of such facility or program upon receipt of a
recommendation by the treating  practitioner  as  defined  by  paragraph
seven  of  subdivision  (a)  of  section 33.16 of this article with such
order  to  be  placed  in  the  resident's  clinical  record stating the
clinical justification for such limitation and the  specific  period  of
time such limitation shall remain in effect.
(c)  The  commissioners  and the facility director shall ensure that a
notice of the rights included in  regulations  promulgated  pursuant  to
this  section  is  posted  in each ward or living area of every hospital
operated  or  licensed  by  the  office  of  mental  health  and   every
developmental   center   operated   by   the   office  for  people  with
developmental disabilities, and that such notice is  provided  to  every
individual  resident  of  any  other  residential  facility  or  program
operated or licensed by the respective offices upon  admission  to  such
facility   or   program,  upon  limitation  on  any  right,  or  at  the
individual's request. The notice shall include the address and telephone
numbers of the office of the facility director or such person's designee
responsible for receiving questions or complaints, the board of visitors
if applicable, the mental hygiene legal service, the vulnerable persons'
central register and the justice center for  the  protection  of  people
with special needs.