New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 815 - Patient Rights › Section 815.5 - Patient rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each patient
				has the following rights:
(1) to receive
				services responsive to individual needs in accordance with an individualized
				treatment/recovery plan, which the patient helps develop and periodically
				update;
(2) to receive services
				from provider staff who are competent, respectful of patient dignity and
				personal integrity, and in sufficient numbers to deliver needed services
				consistent with the requirements of the provider's operating
				certificate;
(3) to receive
				services in a therapeutic environment that is safe, sanitary, and free from the
				presence of addictive substances;
(4) to know the name, position, and function
				of any person providing treatment to the patient, and to communicate with the
				provider director, medical director, board of directors, other responsible
				staff or the Commissioner;
(5) to
				receive information concerning treatment, such as diagnosis, condition or
				prognosis in understandable terms, and to receive services requiring a medical
				order only after such order is executed by a medical provider working within
				their scope of practice;
(6) to
				receive information about provider services available on site or through
				referral, and how to access such services;
(7) to receive a prompt and reasonable
				response to requests for provider services, or a stated future time to receive
				such services in accordance with an individual treatment/recovery
				plan;
(8) to be informed of and to
				understand the standards that apply to their conduct, to receive timely
				warnings for conduct that could lead to discharge and to receive incremental
				interventions that are strengthbased, person centered and trauma-informed for
				conduct contrary to program rules;
(9) to receive in writing the reasons for a
				recommendation of discharge and to be informed of the process to appeal such
				discharge recommendation;
(10) to
				voice a grievance, file a complaint, or recommend a change in procedure or
				service to provider staff and/or the Office, free from intimidation, reprisal
				or threat;
(11) to examine, obtain
				a receipt, and receive an explanation of provider bills, charges, and payments,
				regardless of payment source;
(12)
				to receive a copy of the patient's records for a reasonable fee;
(13) to be free from physical, verbal or
				psychological abuse;
(14) to be
				treated by provider staff who are not under the influence of substances that
				would impair their ability to perform the duties stated in their job
				description;
(15) to be free from
				any staff or patient coercion, undue influence, intimate relationships and
				personal financial transactions;
(16) to be free from performing labor or
				personal services solely for provider or staff benefit, that are not consistent
				with treatment goals, and to receive compensation for any labor or employment
				services in accordance with applicable state and federal law; and
(17) the following rights apply to patients
				who reside in an inpatient/residential setting:
(i) to practice religion in a reasonable
				manner not inconsistent with treatment/recovery plans or goals and/or have
				access to spiritual counseling if available;
(ii) to communicate with outside persons in
				accordance with the individualized treatment/recovery plan;
(iii) to communicate freely with the Office,
				public officials, clergy, attorneys and other persons identified by the
				patient;
(iv) to receive visitors at
				reasonable times in relative privacy in accordance with the individualized
				treatment/recovery plan;
(v) to be
				free from restraint or seclusion;
(vi) to have a reasonable degree of privacy
				in living quarters and a reasonable amount of safe personal storage
				space;
(vii) to retain ownership of
				personal belongings, to the extent such belongings are not contrary to program
				rules; and
(viii) to have a balanced
				and nutritious diet.
(18)
				participants referred to a faith-based provider have the right to be given a
				referral to a non-faith based provider.
(19) Patients have the right to placement in
				gender segregated settings based on their gender identity or
				expression.
(20) Patients have the
				right to culturally appropriate and affirming care and to be free from
				harassment and/or discrimination in accordance with the factors outlined in
				paragraph (21) of this subdivision.
(21) Prohibition against discrimination in
				admission. No individual that meets level of care criteria for admission shall
				be denied admission to any program based solely on the following factors,
				including but not limited to:
(i) prior
				treatment history;
(ii) referral
				source;
(iii) pregnancy;
(iv) history of contact with the criminal
				justice system;
(v) HIV
				status;
(vi) physical or mental
				disability;
(vii) lack of
				cooperation by significant others in the treatment process;
(viii) toxicology test results;
(ix) use of any substance, including but not
				limited to, benzodiazepines; or
(x)
				use of medications for substance use disorder prescribed and monitored by an
				appropriate practitioner;
(xi)
				actual or perceived gender or gender identity;
(xii) national origin;
(xiii) race or ethnicity;
(xiv) actual or perceived sexual
				orientation;
(xv) marital
				status;
(xvi) military
				status;
(xvii) familial status;
				or
(xviii) religion; or
(xix) age.
(22) Patients have the following rights with
				regard to access to medication for addiction treatment:
(1) Medication for Addiction Treatment (MAT)
				for Substance Use Disorder.
(i) Patients have
				the right to be offered or maintained on all forms of approved medication for
				substance use disorder treatment when admitted or seeking admission to any
				Office certified program, in accordance with guidance issued by the
				Office.
(ii) Patients have the
				right to be educated about all forms of FDA approved medications for the
				treatment of substance use disorders, including the benefits, risks and
				alternatives.
(23) Overdose Prevention Education.
(i) Patients have the right to receive overdose
				prevention education and naloxone education and training, and a naloxone kit or
				prescription, in accordance with guidance issued by the
				Office.