New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 587 - OPERATION OF OUTPATIENT PROGRAMS › Section 587.7 - Rights of recipients

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Recipients admitted to an outpatient program certified pursuant to this Part
				are entitled to the rights defined in this subdivision. A provider of service
				shall be responsible for ensuring the protection of these rights.
(1) Recipients have the right to an
				individualized plan of treatment services and to participate to the fullest
				extent consistent with the recipient's capacity in the establishment and
				revision of that plan.
(2)
				Recipients have the right to a full explanation of the services provided in
				accordance with their treatment or psychiatric rehabilitation service
				plan.
(3) Participation in
				treatment in an outpatient program is voluntary and recipients are presumed to
				have the capacity to consent to such treatment. The right to participate
				voluntarily in and to consent to treatment shall be limited only to the extent
				that:
(i) section 330.20  of the Criminal Procedure Law and
				Part 541 of this Title provide for court-ordered receipt of outpatient
				services;
(ii) article 81 of the
				Mental Hygiene Law provides for the surrogate consent of a court- appointed
				guardian for personal needs;
(iii)
				section 33.21  of the Mental Hygiene Law provides
				for the surrogate consent of a parent or guardian of a minor;
(iv) a recipient is enrolled in an assisted
				outpatient treatment program established pursuant to section 9.60  of the Mental Hygiene Law;
				or
(v) a recipient engages in
				conduct which poses a risk of physical harm to himself or others.
(4) While a recipient's full
				participation in treatment is a central goal, a recipient's objection to his or
				her treatment or psychiatric rehabilitation service plan, or disagreement with
				any portion thereof, shall not, in and of itself, result in his or her
				termination from the program unless such objection renders continued
				participation in the program clinically inappropriate or would endanger the
				safety of the recipient or others.
(5) The confidentiality of recipients'
				clinical records shall be maintained in accordance with section 33.13  of the Mental Hygiene Law.
(6) Recipients shall be assured access to
				their clinical records consistent with section 33.16  of the Mental Hygiene Law.
(7) Recipients have the right to receive
				clinically appropriate care and treatment that is suited to their needs and
				skillfully, safely and humanely administered with full respect for their
				dignity and personal integrity.
(8)
				Recipients have the right to receive services in such a manner as to assure
				nondiscrimination.
(9) Recipients
				have the right to be treated in a way which acknowledges and respects their
				cultural environment.
(10)
				Recipients have the right to a maximum amount of privacy consistent with the
				effective delivery of services.
(11) Recipients have the right to freedom
				from abuse and mistreatment by employees.
(12) Recipients have the right to be informed
				of the provider's recipient grievance policies and procedures, and to initiate
				any question, complaint or objection accordingly.