New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 527 - Rights Of Patients › Section 527.8 - Care and treatment; right to object

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) Best interests means, with respect to any
				proposed treatment, that it will promote the well-being of a patient, taking
				into account the benefits, including improvement in the quality of the
				patient's life, risks and alternatives to the treatment.
(2) Capacity means the patient's ability to
				factually and rationally understand and appreciate the nature and consequences
				of proposed treatment, including the benefits, risks and alternatives to the
				proposed treatment, and to thereby make a reasoned decision about undergoing
				the proposed treatment.
(3)
				Clinical director means the individual in charge of clinical services at the
				hospital or a secure treatment facility operated by the Office of Mental Health
				as defined in section 10.03  of the Mental Hygiene Law, where the
				patient is receiving care and treatment, or a physician designated by that
				individual to carry out the responsibilities of the clinical director described
				in this section.
(4) Dangerous
				means that a patient engages in conduct or is imminently likely to engage in
				conduct posing a risk of physical harm to himself or others.
(5) Minor means a patient who is under the
				age of 18 and is not married or the parent of a child, and is not on voluntary
				status on his or her own application. A patient under the age of 18 who does
				not meet the above criteria shall, for the purposes of this section, be
				considered an adult.
(6) Patients
				on involuntary status for the purposes of this section includes patients
				retained on an involuntary basis pursuant to article 9 of the Mental Hygiene
				Law, patients retained pursuant to the Criminal Procedure Law, Family Court Act
				or Correction Law, patients on voluntary status for whom application to a court
				for involuntary retention has been made, minors, other than those admitted on
				their own application, for whom consent of a parent or guardian cannot be
				obtained, and persons confined or committed to a secure treatment facility
				operated by the Office of Mental Health as defined in section 10.03  of the Mental Hygiene Law.
(7) Treatment for purposes of this section
				means diagnostic procedures or therapeutic actions on behalf of a patient,
				including administration of psychotropic medications, extraction of bodily
				fluids for analysis (excluding routine blood work), dental care performed with
				a local anesthetic, biopsies, CAT/PET scans, or similar medical or dental
				procedures. For purposes of this section, such term also includes
				electroconvulsive therapy. Such term does not include, and this section does
				not apply to, routine medical procedures such as physical examinations, routine
				blood work, X-rays and nonpsychotropic medication. It also does not include,
				and does not apply to, procedures for which informed consent is required under
				section
				27.9 
				of this Title, except electroconvulsive therapy, or under other provisions of
				law.
(8) Inmate patient means a
				person committed to the custody of the Department of Corrections and Community
				Supervision who is an outpatient of Central New York Psychiatric Center at the
				regional medical units operated by the Department of Corrections and Community
				Supervision at which the Office of Mental Health provides outpatient
				psychiatric treatment, and at correctional facilities operated by the
				Department of Corrections and Community Supervision at which the Office of
				Mental Health operates a residential crisis treatment program.