reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 25 - Work Activities Of Patients › Section 25.5 - Employment of patients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Work by a
				  patient may be an appropriate part of the patient's overall service plan only
				  in accordance with this section.
(b) Sheltered work may be provided to
				  patients only in workshops having appropriate certification in accordance with
				  applicable Federal and State laws and regulations. Such work shall be provided,
				  supervised and compensated in accordance with the certificate issued.
(c) A patient may engage in work involved in
				  the ongoing operation and maintenance of the facility only if he or she is
				  qualified, has agreed voluntarily to perform such work, and is compensated as a
				  regular employee or under a special certificate issued by the Federal or State
				  Department of Labor at rates applicable thereto.
(d) A patient may be involved in the care
				  (feeding, clothing, bathing), treatment, training or supervision of other
				  patients only if he or she has agreed voluntarily to perform such work, has
				  been specifically trained in the necessary skills, has the humane judgment
				  required for such activities, is adequately supervised, and is compensated as a
				  regular employee or under a special certificate issued by the Federal or State
				  Department of Labor at rates applicable thereto.
(e) Patients may be employed by an outside
				  employer only if the employer complies with all applicable State laws and
				  regulations.
(f) Nothing in this
				  section shall diminish the expectation that whenever patients are able, they
				  will maintain their personal possessions and living areas.
(g) Under no circumstances shall any patient
				  be allowed to perform work tasks under conditions, in facilities, or on
				  machines or equipment which are not in full compliance with all applicable
				  Federal and State laws and regulations.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 25 - Work Activities Of Patients › Section 25.6 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
Any facility in which patients perform work tasks shall
					 establish and maintain for each such patient a record in addition to the
					 patient's service plan and record (as indicated in section
					 25.1[c] and
					 [d]  of this Part) which includes the
					 following in addition to any information required by Federal or State
					 laws:
(a) a cumulative record of dates
				  and hours worked;
(b) a description
				  of the work performed;
(c) the name
				  of the immediate supervisor;
(d)
				  the rate of payment; and
(e) a
				  summary total of payments made.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 25 - Work Activities Of Patients › Section 25.7 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No provision of this Part shall be deemed
				  to limit the ability of a facility to hire any patient or former patient in
				  accordance with regular employment practices of the facility.
(b) This Part shall not apply to patients who
				  volunteer to participate in an organized system of volunteer services, provided
				  that:
(1) the patient has the mental capacity
				  to volunteer, does volunteer, and a written record of the determination of
				  mental capacity is retained in the patient's clinical record;
(2) such services would not be compensated by
				  the facility if performed by a person other than a patient;
(3) such work shall be directed and
				  supervised in accordance with the patient's individual service plan;
				  and
(4) a record of such volunteer
				  work shall be maintained in accordance with section
				  25.6  of this
				  Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 27 - QUALITY OF CARE AND TREATMENT › Section 27.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
This Part shall apply to facilities in the department and
					 to facilities which are required to have operating certificates from the
					 department unless the context indicates otherwise or the said facility is an
					 integrated residential community as defined in section
					 27.2(g) 
					 of this Part, in which case the requirements of the said section will
					 apply.
(b)
Right to
				  individual program.
Patients have a right to an individual program of services
					 which will maximize their abilities to cope with their environment, will foster
					 social and vocational competence and will enable them to live as independently
					 as possible.
(c)
Adequate services.
Patients have a right to receive services from staff which
					 is competent and of sufficient number to administer services
					 adequately.
(d)
Respect for cultural identity.
Patients have a right to be treated in a way which
					 acknowledges and respects their cultural identity.
(e)
Privacy.
Patients have a right to a maximum amount of privacy
					 consistent with the effective delivery of services. This includes, but is not
					 restricted to, privacy of person, of personal belongings, and of
					 communications.
(f)
Objection to treatment.
Patients have a right to object to any form of care or
					 treatment and to appeal decisions with which they disagree.
(g)
Complaints.
Patients may object to conditions at the facility that are
					 not directly related to care and treatment by following the general procedures
					 for objection and appeal set forth in this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 27 - QUALITY OF CARE AND TREATMENT › Section 27.3 - Individual service plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General requirements.
Directors of facilities and their staff shall develop
					 services which are commensurate with each patient's needs and well-being, the
					 well-being of others, and are least restrictive to a patient's
					 rights.
(b)
Formulation of the plan.
Directors of facilities and their staff shall assure each
					 patient the opportunity to participate to the fullest extent possible in the
					 establishment and revision of his or her individual service plan, except in the
					 case of those programs which comply with the requirements of section
					 27.2(g) 
					 of this Part. Integrated residential communities are required to comply with
					 subdivision (f) of this section. An appropriate staff member of the facility
					 shall note the nature of the participation in the patient's clinical
					 record.
(c)
Contents
				  of plan.
Appropriate members of each facility's staff shall
					 establish for each patient a written individual service plan. For outpatients,
					 this plan shall include those elements below which are appropriate to the goals
					 of service. For inpatients, the plan shall include:
(1) a comprehensive statement of the
				  physical, psychological, social, economic, educational and vocational assets
				  and disabilities stated in terms of performance and functional capabilities of
				  the patient;
(2) a statement of the
				  goals of the services to be provided, derived from and based on the statement
				  of assets and disabilities and related to plans for return to the larger
				  community; and
(3) a statement of
				  the methods, procedures, techniques and activities to be provided towards the
				  attainment of these goals; the statement shall identify the specific staff who
				  will be involved in carrying out the several aspects of the plan.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 27 - QUALITY OF CARE AND TREATMENT › Section 27.4 - Requirements for patient care and treatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Nondiscrimination.
Staff of facilities shall provide services in such a manner
					 as to assure that they do not discriminate against a patient in terms of his or
					 her race, color, sex, creed, religion, age or national origin.
(b)
Physical environment.
Staff of facilities shall provide services in such a manner
					 as to assure that the physical environment is safe, sanitary and conducive to
					 effective treatment.
(c)
Socialization.
Consistent with a patient's service plan, directors of
					 facilities shall assure patients a reasonable opportunity to associate with any
					 staff member, or patient or members of the general community in order to foster
					 the development of the patient's social competences and preferences. The staff
					 of facilities shall not permit socialization with individual patients to
					 interfere with staff duties.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 27 - QUALITY OF CARE AND TREATMENT › Section 27.5 - Medical care and treatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
Directors and staff of facilities shall provide services
					 for mental disability in such a manner that patients receive care and treatment
					 that is suited to their needs and skillfully, safely, and humanely administered
					 with full respect for their dignity and personal integrity.
(b)
Periodic physical
				  examinations.
Directors and staff of facilities shall provide each
					 patient with a physical examination at not less than 12-month intervals. A
					 chest X-ray shall be part of the examination for adults of middle age and
					 older. Annual physical examinations for outpatients should be provided through
					 the usual medical resources in the community.
(c)
Emergency care.
Directors and staff of facilities shall provide each
					 patient, directly or by formal agreement with a qualified provider, emergency
					 medical care for illness or injuries whenever such care is
					 needed.
(d)
Serious
				  illness or injury.
Appropriate members of staff of facilities shall
					 immediately notify the legal guardian, family, or close friend of any patient
					 who develops a serious illness or sustains a serious injury.
(e)
Physician's orders.
Directors and medical staff of facilities shall assure that
					 treatments which require a physician's order include a termination date and are
					 written and signed within 24 hours after they are issued. A physician should
					 review, rewrite, and sign new orders on the termination date of the old
					 orders.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 27 - QUALITY OF CARE AND TREATMENT › Section 27.6 - Family planning services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Availability.
The staff of facilities operated by the Department of
					 Mental Hygiene and the staff of facilities receiving State funds through the
					 department shall arrange for the availability of family planning services for
					 all patients and shall make known to such patients the existence of these
					 services.
(1) Any patient has the
				  right to receive, upon request, information about contraception.
(2) A patient who is 16 years of age or
				  older, or who is the parent of a child, or who has married has the right to
				  receive, upon his or her request, drugs or devices designated to regulate
				  conception.
(3) Any patient under
				  16 years of age, who is unmarried and is not the parent of a child, requesting
				  such drugs or devices may receive them at the discretion of the facility staff
				  which should consult with the patient's parent or legal guardian whenever
				  practicable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 27 - QUALITY OF CARE AND TREATMENT › Section 27.8 - Care and treatment; right to object and appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
Patients may object to any form of care and treatment and
					 may appeal decisions with which they disagree.
(b)
Effect of objection on treatment
				  process.
(1) Emergency treatment.
				  Facilities may give treatment, other than treatment for which informed consent
				  is required by section
				  27.9 
				  of this Part, at any time to all patients, despite objection in a case where
				  the treatment appears necessary to avoid serious harm to life or limb of the
				  patients themselves or others. Emergency treatment in situations covered by
				  section
				  27.9 
				  shall be pursuant to such section.
(2) Patients on voluntary or informal status.
				  Patients who are on a voluntary or informal status may not be given treatment
				  over their objection. When any such patient objects to all recommended forms of
				  treatment, the facility director may, after notification to the patient,
				  discharge the patient with recommendations for outpatient care if indicated,
				  or, if appropriate, take steps to convert the patient to involuntary status as
				  set forth in the Mental Hygiene Law. When a patient is discharged because of
				  objection to all recommended forms of treatment, the facility director should
				  have the patient's family notified if feasible.
(3) Patients on involuntary status. Patients
				  held on involuntary status may be given treatment over their objections only if
				  the following conditions are compiled with:
(i) If the objections raised by the patient
				  are disposed of as set forth in subdivisions (c), (d) and (e) of this
				  section.
(ii) If the objection is
				  based on an assertion that the treatment is in conflict with a religious belief
				  of the patient, only if there is a court order authorizing the particular
				  treatment.
(iii) If the type of
				  treatment to be provided required informed consent as required by section
				  27.9 
				  of this Part, only to the extent allowed by such section.
(iv) If conditions specified in paragraph (1)
				  of this subdivision (need for emergency treatment) are present.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 27 - QUALITY OF CARE AND TREATMENT › Section 27.10 - Research involving human subjects

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Patient participation.
The understanding, prevention and amelioration of mental
					 disability is enhanced by knowledge gained through research. Patients may
					 participate only in research which does not come in substantial conflict with
					 their individual service plans. Participation as a subject in any research
					 project or activity shall not deprive any patient of the rights, privileges and
					 protections provided to all patients by this Part. Directors of facilities
					 shall maintain an up-to-date list of all patients who are involved in research
					 projects and shall make the list available to the Mental Health Information
					 Service representative on request.
(b)
Informed consent of patients in
				  research projects.
(1) Informed
				  written consent of patients who participate as subjects must be obtained in
				  accordance with the requirements of section
				  27.9(a) or
				  (c)  of this Part as applicable.
(2) If it is clear that a patient does not
				  have sufficient mental capacity to give consent for participation, consent may
				  be obtained from the facility director if the research project director clearly
				  demonstrates to the institution review committee that (i) the project has
				  overriding therapeutic importance for a condition presented by the patient in
				  question, and (ii) that the project could not be carried out without the
				  participation of patients such as the one in question.
(3) The informed consent required by
				  paragraphs (1) and (2) of this subdivision must be secured in accordance with
				  applicable policies of the department, and the regulations of Federal agencies
				  which are applicable to such research before projects or activities may be
				  approved.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter B - INSTITUTIONAL CARE AND TREATMENT › Part 27 - QUALITY OF CARE AND TREATMENT › Section 27.11 - Participation of patients in teaching activities

Current through Register Vol. 46, No. 28, July 10, 2024
Each patient has the right to refuse participation in any
					 staff training activity which is not an integral part of that patient's
					 individual service plan.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter C - Termination Of Inpatient Care › Part 36 - Discharge And Conditional Release Of Patients › Section 36.1 - Statement of philosophy

Current through Register Vol. 46, No. 28, July 10, 2024
The long-term rehabilitation of mentally disabled persons
					 is promoted by maintenance of relationships with other persons and agencies in
					 the community, avoidance of institutionalization, and minimization of
					 disruption of life rhythms. The civil rights of mentally disabled persons
					 require that such persons be treated and served in the least restrictive
					 setting possible in which treatment or service goals can be met. Therefore,
					 periods of inpatient service should be as short as possible in accordance with
					 the individual patient's plan of care and treatment. This philosophy will, in
					 many cases, require continued service to a patient on an outpatient basis at
					 the conclusion of inpatient service.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter C - Termination Of Inpatient Care › Part 36 - Discharge And Conditional Release Of Patients › Section 36.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Discharge means
				  the act of ending an inpatient facility's legal responsibility for a patient
				  under articles 29, 31, 33, or 35 of the Mental Hygiene Law. Such act shall not
				  prevent the continuation of a discharged patient in treatment as an
				  outpatient.
(b) Conditional release
				  means the act of ending the inpatient period of service to a patient without
				  ending the facility's legal tie to the patient under articles 29, and 31 or 33
				  or 35 of the Mental Hygiene Law. The conditions involved in the conditional
				  release are ordinarily that the facility will provide or arrange for the
				  provision of continuing services on an outpatient basis and that the patient
				  will accept such services. Normally, it is preferable for a patient receiving
				  outpatient services to be discharged and treated on only outpatient status.
				  Conditional release includes "convalescent care", "community status" and
				  "family care" as those terms are used in the Social Services Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter C - Termination Of Inpatient Care › Part 36 - Discharge And Conditional Release Of Patients › Section 36.3 - Use of conditional release

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The provisions of this section shall not apply to patients conditionally
				  released to family care by department facilities.
(b) Patients who are released from inpatient
				  services who are to be provided outpatient services by the facility should not
				  ordinarily be placed on conditional release but should be discharged from
				  inpatient services and continued in outpatient care and treatment on outpatient
				  status only.
(c) Conditional
				  release may be provided to any patient except an informal patient. Patients
				  retained under provisions of the Criminal Procedure Law or against whom a
				  warrant has been issued, may be conditionally released only with the consent of
				  the district attorney or court.
(d)
				  Voluntary and non-objecting patients may be released conditionally only if they
				  don't object and retained on such status only as long as they do not object to
				  such status.
(1) No voluntary or
				  non-objecting patient may be retained on conditional release status for more
				  than one continuous year. If he or she has no contact with facility staff
				  during a 90 day period within that year he or she must be discharged at the end
				  of the 90 day period.
(2) No
				  voluntary or non-objecting patient conditionally released may be returned to
				  inpatient status in the facility over his objection except in accordance with
				  the Mental Hygiene Law and procedures established thereunder for involuntary
				  admission. A voluntary or non-objecting patient returned to the facility shall
				  be provided with notice of status and rights at the time of return and
				  periodically thereafter, as specified in the section of the law under which the
				  patient was admitted. A copy of each such notice shall be given to the Mental
				  Health Information Service.
(3) The
				  requirements of the Mental Hygiene Law in regard to periodic notice of status
				  and rights shall not apply to a voluntary or non-objecting patient
				  conditionally released and living outside the facility.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter C - Termination Of Inpatient Care › Part 36 - Discharge And Conditional Release Of Patients › Section 36.4 - Community placement of patients discharged or conditionally released

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The goal of
				  community placement shall be to provide the most independent residential
				  accommodation which is also physically safe and convenient and appropriate to
				  the needs of the patient.
(1) The facility, in
				  cooperation with county departments of social services and community mental
				  hygiene services and other public and private community agencies or individuals
				  shall take all necessary steps to obtain an adequate supply of safe, convenient
				  and appropriate housing for patients to be discharged or conditionally
				  released.
(2) In some cases, this
				  goal can be met by organization and arrangement of physical facilities and
				  property of the facility when appropriate placement resources in the community
				  are inadequate.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter C - Termination Of Inpatient Care › Part 37 - Procedure When Patients Leave Without Notice To The Facility › Section 37.1 - Patients held pursuant to the family court act

Current through Register Vol. 46, No. 28, July 10, 2024
The director of a facility in the department and the
					 director of a facility issued an operating certificate by the department shall,
					 with respect to any patient admitted to such facility pursuant to an order of
					 the Family Court, give immediate written notice to the Family Court when any
					 such patient leaves the facility without the consent of the director or is
					 discharged, placed on leave without consent status or transferred. When a
					 patient admitted pursuant to an order of the Family Court to a facility issued
					 an operating certificate by the department is transferred from such facility
					 and admitted to a facility in the department, or is discharged from such
					 facility to be admitted to a facility in the department, the director of the
					 facility to which said person was originally admitted under court order shall
					 notify the director of the facility to which said patient is transferred of the
					 status of the Family Court proceeding involving said patient, and shall notify
					 the Family Court of the patient's transfer or discharge.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter C - Termination Of Inpatient Care › Part 37 - Procedure When Patients Leave Without Notice To The Facility › Section 37.2 - Patients in state-operated psychiatric facilities

Current through Register Vol. 46, No. 28, July 10, 2024
In responding to absences of patients from State-operated
					 psychiatric facilities, such facilities shall comply with the requirements of
					 the Office of Mental Health policy manual rather than this
					 Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter C - Termination Of Inpatient Care › Part 37 - Procedure When Patients Leave Without Notice To The Facility › Section 37.3 - Notices to family and others

Current through Register Vol. 46, No. 28, July 10, 2024
If a patient leaves a department facility or facility
					 issued an operating certificate without notice or fails to return when expected
					 from a known visit away from the facility, the family or near friend of the
					 patient shall be notified immediately and written record shall be made of the
					 time and method of notification and persons notified. If the facility deems it
					 appropriate, police authorities may be notified and requested to assist in
					 locating the patient.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter C - Termination Of Inpatient Care › Part 37 - Procedure When Patients Leave Without Notice To The Facility › Section 37.4 - Patients deemed dangerous

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				  inpatient leaves the facility in which he is receiving care and treatment, and
				  without consent of the facility, and the patient's physician or treatment team
				  leader believes or has reason to believe that the patient poses a danger to
				  another person or persons outside the facility, the facility staff shall
				  notify:
(1) the person or persons believed to
				  be in danger;
(2) the local police
				  in the area in which the facility is located;
(3) the police agency with jurisdiction over
				  the area in which the person or persons believed to be in danger resides;
				  and
(4) any person the facility
				  believes would be able to apprise the endangered person that the patient has
				  left the facility without consent. Such notice shall be of the fact that the
				  patient has left the facility without consent, the identity of the patient, the
				  fact that the facility believes the patient is dangerous to another person or
				  persons, the identity of the persons known to be in danger and the nature of
				  the danger. Such notice shall be given as soon as the facility staff know that
				  the patient has left the facility without consent.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter C - Termination Of Inpatient Care › Part 37 - Procedure When Patients Leave Without Notice To The Facility › Section 37.5 - Patients deemed not dangerous

Current through Register Vol. 46, No. 28, July 10, 2024
If the patient is deemed not to be dangerous, he shall be
					 sought by the staff using methods appropriate to the patient's
					 condition.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter C - Termination Of Inpatient Care › Part 37 - Procedure When Patients Leave Without Notice To The Facility › Section 37.6 - Status changes

Current through Register Vol. 46, No. 28, July 10, 2024
If the patient is not located within 24 hours, his status
					 must be changed and reported.
(a) If
				  the patient was an informal patient, he or she must be discharged.
(b) If the patient is on any status other
				  than informal and is deemed to be dangerous, he or she must be placed on leave
				  without consent status.
(c) If the
				  patient is on any status other than informal and deemed not to be dangerous, he
				  or she may be placed on leave without consent status or discharged.
(d) A voluntary or nonobjecting patient who
				  leaves without notice and is placed on leave without consent status shall be
				  discharged after 72 hours if he or she has not been located and
				  returned.
(e) All patients placed
				  on leave without consent status shall be discharged after 30 days if not
				  discharged or returned to the facility prior to that time.
(f) Efforts to locate the patient shall
				  continue as long as required by his or her condition regardless of the status
				  originally or subsequently assigned.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter C - Termination Of Inpatient Care › Part 37 - Procedure When Patients Leave Without Notice To The Facility › Section 37.7 - Seeking assistance in case of possible physical harm

Current through Register Vol. 46, No. 28, July 10, 2024
If a patient is considered to be in danger of physical harm
					 based on the circumstances of his or her disappearance, e.g., from an outing in
					 wilderness or at a beach, all possible assistance should be sought to aid in
					 locating the patient.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter C - Termination Of Inpatient Care › Part 37 - Procedure When Patients Leave Without Notice To The Facility › Section 37.8 - Voluntary, informal and nonobjecting patients

Current through Register Vol. 46, No. 28, July 10, 2024
Voluntary, informal and nonobjecting patients who leave
					 without notice and are subsequently located shall not be returned to the
					 facility if they object. If continued inpatient service is deemed necessary,
					 their readmission to the facility or another facility must be on an involuntary
					 form of admission.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter C - Termination Of Inpatient Care › Part 37 - Procedure When Patients Leave Without Notice To The Facility › Section 37.9 - Encouragement of outpatient services

Current through Register Vol. 46, No. 28, July 10, 2024
Patients who leave without notice and are subsequently
					 located but not returned to the facility should be encouraged to accept
					 outpatient services in accordance with Part 36 of this Title, and their status
					 should be changed and reported accordingly.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter D - Safety › Part 45 - Firearms › Section 45.1 - Prohibition on firearms

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall bring into or possess a firearm at any
					 facility of the Department of Mental Hygiene, or any residential facility which
					 has an operating certificate issued by the department, except with permission
					 of the director of the facility as hereinafter stated.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter II - All Facilities › Subchapter D - Safety › Part 45 - Firearms › Section 45.2 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The director of any such facility may grant an exception to
					 the prohibition contained in section
					 45.1  of
					 this Part in the following cases:
(a)
				  Permission may be granted, in the director's discretion, to employees living on
				  the grounds of the facility who require for hunting purposes shotguns, rifles
				  or similar weapons, but excluding revolvers and concealed weapons. Employees
				  may be permitted to keep such weapons, needed for hunting, in their rooms or
				  homes, provided these weapons shall not be kept in cars, lockers, offices or
				  elsewhere on the grounds. Employees wishing to avail themselves of this
				  exception must receive prior approval from the director.
(b) Police officers of organized police
				  departments and correction officers employed by the Department of Correctional
				  Services who are on the grounds of a facility in the performance of their
				  official duties may be excepted.
(c) The director may set aside a secure
				  place, under his control, for the temporary deposit of firearms.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter III - Department Facilities › Part 57 - Transfer Of Involuntary Patients To Authorized Secure Facilities › Section 57.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The forensic
				mental health system offers care to New Yorkers pursuant to Mental Hygiene,
				Criminal Procedure, and Correction Laws. The office ensures that mental health
				services are available to members of this population at multiple geographical
				points throughout the forensic system. In addition to the Mid-Hudson Forensic
				Psychiatric Center and Kirby Forensic Psychiatric Center, the office operates
				two maximum security regional forensic units: the Rochester Regional Forensic
				Unit, located on the grounds of the Rochester Psychiatric Center, and the
				Northeast Regional Forensic Unit, located at Central New York Psychiatric
				Center.
(b) These forensic
				facilities and units offer a range and variety of programs and services for the
				care, treatment, and rehabilitation of persons age 16 and over with mental
				illness, comparable with those offered at other hospitals in the Office of
				Mental Health. In addition, they have the staff and physical surroundings to
				enable them to offer such programs and services to patients requiring closer
				supervision than can be given at other hospitals.
(c) Patients whose behavior is such as to
				raise the likelihood of their causing harm to others cannot be given the care
				and treatment they require at such other hospitals operated by the Office of
				Mental Health since, for the protection of other patients and staff of such
				hospitals, they must be kept in closed wards while in a civil
				facility.
(d) The Mid-Hudson
				Forensic Psychiatric Center, Kirby Forensic Psychiatric Center, Rochester
				Regional Forensic Unit and Northeast Regional Forensic Unit have specially
				trained staff and a secure perimeter. As such, these settings permit freer
				movement, within facility grounds, of patients who pose a risk of harm to
				others, as well as offer them an opportunity for rehabilitation, recreation,
				and therapies which, because of their need for close supervision, would not be
				available for them at the other hospitals.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter III - Department Facilities › Part 57 - Transfer Of Involuntary Patients To Authorized Secure Facilities › Section 57.2 - Procedure for transfer to mid-hudson psychiatric center, kirby forensic psychiatric center, rochester regional forensic unit and northeast regional forensic unit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application.
				The director of a hospital operated by the Office of Mental Health may make
				application in writing to the commissioner or his designee for transfer of an
				involuntary patient at his facility to the Mid-Hudson Forensic Psychiatric
				Center, Kirby Forensic Psychiatric Center, Rochester Regional Forensic Unit or
				Northeast Regional Forensic Unit. Such application must be supported by a
				statement of facts showing that:
(1) there is
				a substantial risk that such patient may cause physical harm to other persons,
				as manifested by homicidal or other violent behavior by which others are placed
				in reasonable fear of serious physical harm;
(2) reasonable efforts at treatment have been
				made without eliminating such substantial risk of physical harm to
				others;
(3) the patient needs the
				close supervision provided at the Mid-Hudson Forensic Psychiatric Center, Kirby
				Forensic Psychiatric Center, Rochester Regional Forensic Unit or Northeast
				Regional Forensic Unit. A copy of the application together with a copy of this
				Part shall be given to the patient, to the nearest relative of the patient, if
				there be known to the director, and to the Mental Hygiene Legal Service. Proof
				of service of such copy and proof of service of any paper required by this Part
				shall be placed in the patient's record.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter III - Department Facilities › Part 57 - Transfer Of Involuntary Patients To Authorized Secure Facilities › Section 57.3 - Immediate transfer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				application may be made for the immediate transfer of a patient to Mid-Hudson
				Forensic Psychiatric Center, Kirby Forensic Psychiatric Center, Rochester
				Regional Forensic Unit or Northeast Regional Forensic Unit. In such case, the
				application shall set forth all the facts required by section
				57.2 
				of this Part and, in addition shall set forth facts showing that the hospital
				where he is being held cannot manage the patient and that a delay in the
				transfer would seriously jeopardize the safety of the patient, other patients
				at the facility, or employees thereof. A copy of the application shall be
				served upon the nearest relative of the patient, if there be any known to the
				director, and upon the Mental Hygiene Legal Service. If the commissioner or his
				designee approves the application, he shall order, within 48 hours of receipt
				of the application the immediate transfer of the patient. The order shall
				contain a provision that the transfer is conditional upon full review by the
				commissioner or his designee. A copy of the order shall be served upon the
				patient, the Mental Hygiene Legal Service, and any relative served with a copy
				of the application.
(b) Within 24
				hours of the patient's arrival at Mid-Hudson Forensic Psychiatric Center, Kirby
				Forensic Psychiatric Center, Rochester Regional Forensic Unit or Northeast
				Regional Forensic Unit, the director of the Mid-Hudson Forensic Psychiatric
				Center, Kirby Forensic Psychiatric Center, Rochester Psychiatric Center or
				Central New York Psychiatric Center shall serve notice upon the patient, the
				nearest relative of the patient, if there be any known to him, and upon the
				Mental Hygiene Legal Service of the patient's rights to object to the transfer.
				The procedure set forth in section
				57.2 
				of this Part shall apply. If the decision of the commissioner or his designee
				is to uphold the transfer, he shall issue an order confirming the transfer. If
				the decision is to the contrary, he shall rescind the transfer.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter III - Department Facilities › Part 57 - Transfer Of Involuntary Patients To Authorized Secure Facilities › Section 57.4 - Review of patient's condition

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				An involuntary patient transferred to Mid-Hudson Forensic Psychiatric Center,
				Kirby Forensic Psychiatric Center, Rochester Regional Forensic Unit or
				Northeast Regional Forensic Unit shall be retained at such hospital only as
				long as his condition requires retention at such hospital in accordance with
				the criteria set forth in section
				57.2(a) 
				of this Part.
(b) The director of
				Mid-Hudson Forensic Psychiatric Center, Kirby Forensic Psychiatric Center,
				Rochester Psychiatric Center or Central New York Psychiatric Center shall
				comply with the provisions of article 31 of the Mental Hygiene Law and apply,
				in accordance with such article, for the required periodic orders authorizing
				retention of involuntary patients. In addition, such director shall
				periodically review the need for retention in the Mid-Hudson Forensic
				Psychiatric Center, Kirby Forensic Psychiatric Center, Rochester Regional
				Forensic Unit or Northeast Regional Forensic Unit of each involuntary patient
				and shall file a report with the commissioner or his designee for each such
				patient at intervals of not more than six months setting forth reasons why the
				patient needs continued retention at such facility. A copy of such report shall
				be served on the patient and the Mental Hygiene Legal Service.
(c) Involuntary patients who no longer need
				retention in the Mid-Hudson Forensic Psychiatric Center, Kirby Forensic
				Psychiatric Center, Rochester Regional Forensic Unit or Northeast Regional
				Forensic Unit but who still require involuntary care and treatment shall be
				transferred to another hospital in the Office of Mental Health.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter III - Department Facilities › Part 57 - Transfer Of Involuntary Patients To Authorized Secure Facilities › Section 57.5 - Transitional provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Each involuntary patient previously transferred to the
				  Mid-Hudson Forensic Psychiatric Center, Kirby Forensic Psychiatric Center,
				  Rochester Regional Forensic Unit or Northeast Regional Forensic Unit who is a
				  patient therein on the effective date of this Part, shall be served within one
				  month of such date with a copy of this Part, a statement setting forth reasons
				  why such patient needs continued retention therein, and a notice of the
				  patient's rights to object to further retention at such facility. A copy of
				  such statement and notice shall be served upon the nearest relative of the
				  patient, if there be any known to the director, and upon the Mental Hygiene
				  Legal Service. If there is no written objection made by or on behalf of the
				  patient, the patient may be retained at Mid-Hudson Forensic Psychiatric Center,
				  Kirby Forensic Psychiatric Center, Rochester Regional Forensic Unit or
				  Northeast Regional Forensic Unit subject to the provisions of section
				  57.4 
				  of this Part. If there is an objection, the procedure set forth in sections
				  57.2
				  and
				  57.3  of this
				  Part shall apply.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter III - Department Facilities › Part 57 - Transfer Of Involuntary Patients To Authorized Secure Facilities › Section 57.6 - Right to court review

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Part shall affect any right of the patient or
				  someone acting on his behalf to initiate a proceeding allowed to him by law
				  before a court of competent jurisdiction to challenge his transfer to or
				  retention at Mid-Hudson Forensic Psychiatric Center, Kirby Forensic Psychiatric
				  Center, Rochester Regional Forensic Unit or Northeast Regional Forensic
				  Unit.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter III - Department Facilities › Part 57 - Transfer Of Involuntary Patients To Authorized Secure Facilities › Section 57.7 - Return to sending or other appropriate facility

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner or his designee may, when supported by
				  documentation that retention at Mid-Hudson Forensic Psychiatric Center, Kirby
				  Forensic Psychiatric Center, Rochester Regional Forensic Unit or Northeast
				  Regional Forensic Unit is no longer appropriate, authorize the return of a
				  patient to the sending facility or other appropriate
				  facility.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter A - General Provisions › Part 70 - Classes Of Operating Certificates › Section 70.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part is
				  intended to establish an all-inclusive set of categories, named classes, to
				  which all providers of services to the mentally disabled subject to the
				  requirement to obtain an operating certificate from the Commissioner of Mental
				  Hygiene will be assigned, for purposes of determining compliance with the most
				  appropriate standards of operation and construction pursuant to the issuing of
				  an operating certificate.
(1) A provider of
				  services which has been issued an operating certificate to engage in the
				  operation of any facility may designate itself or that facility to the public
				  by any term it chooses, except that no such designation shall denote any class
				  herein established which is not specified in the operating certificate of that
				  facility.
(2) No entity which is
				  ineligible to be issued an operating certificate in accordance with the Mental
				  Hygiene Law and this Title shall designate itself to the public by terms which
				  denote any class herein established or which express or imply any approval by
				  the department.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter A - General Provisions › Part 70 - Classes Of Operating Certificates › Section 70.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
The Mental Hygiene Law, section
					 13.03, authorizes the commissioner to
					 adopt regulations establishing classes of operating certificates. Section 13.01
					 sets forth the applicability of and exceptions to the general requirements for
					 operating certificates. Section 1.05 sets forth the statutory definitions of
					 terms used in this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter IV - Regulation And Quality Control › Subchapter A - General Provisions › Part 70 - Classes Of Operating Certificates › Section 70.3 - Definitions pertaining to this chapter

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A class shall mean a category of
				  facilities subject to the issuance of an operating certificate and
				  distinguished by certain common characteristics of persons served, programs of
				  services provided, staff skills, and premises.
(b) An operating certificate shall mean a
				  written document, pertinent to the appropriate class, conveying to the public
				  the authorization by the commissioner of a provider of services to operate
				  programs stated thereon through specified facilities.