New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 501 - Mental Health Services-general Provisions › Section 501.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Title:
(a)
Case record, clinical record,
				medical record, or patient record
means clinical record as such term
				is defined in section 33.16  of the Mental Hygiene Law, whether
				created or maintained in writing or electronically. All such records shall use
				accepted mechanisms for clinician signatures, be maintained in a secure manner,
				and be readily accessible to the office upon request. This definition is set
				forth for the purposes of Title 14, and is not intended to, and does not,
				supplement, expand or further define the term "record" as used and as
				independently defined in Article 9 of the Mental Hygiene Law, nor is "case
				record, clinical record, medical record, or patient record" as defined herein
				intended to be construed or interpreted as "accompanying data" as such term is
				used in the definition of "record" set forth in Section 9.01  of the Mental Hygiene Law, such
				"accompanying data" properly relating only to medical certificates providing
				the basis for the admission of patients and requests for transfer or
				retention.
(b)
Commissioner
means the commissioner of the New York State
				Office of Mental Health.
(c)
Office
means the New York State Office of Mental
				Health.
(d)
Provider of
				services
means a provider of services, as defined in section 1.03  of the Mental Hygiene Law, which is
				responsible for the operation of a program or network of programs. Such entity
				may be an individual, partnership, association, corporation, limited liability
				company, or public or private agency, other than an agency of the State, which
				provides services for persons with mental illness.
(e)
Mental illness
means an
				affliction with a mental disease or mental condition which is manifested by a
				disorder or disturbance in behavior, feeling, thinking, or judgment to such an
				extent that the person afflicted requires care, treatment and
				rehabilitation.
(f)
Minor
means a person who has not attained the age of 18
				years.
(g)
Serious
				emotional disturbance
means a child or adolescent has a designated
				mental illness diagnosis according to the most current Diagnostic and
				Statistical Manual of Mental Disorders (DSM) and has experienced functional
				limitations due to emotional disturbance over the past 12 months on a
				continuous or intermittent basis. The functional limitations must be moderate
				in at least two of the following areas or severe in at least one of the
				following areas:
(1) ability to care for self
				(
e.g.
, personal hygiene; obtaining and eating food; dressing;
				avoiding injuries); or
(2) family
				life (
e.g.
, capacity to live in a family or family like
				environment; relationships with parents or substitute parents, siblings and
				other relatives; behavior in family setting); or
(3) social relationships
				(
e.g.
, establishing and maintaining friendships; interpersonal
				interactions with peers, neighbors and other adults; social skills; compliance
				with social norms; play and appropriate use of leisure time); or
(4) self-direction/self-control
				(
e.g.
, ability to sustain focused attention for a long enough
				period of time to permit completion of age-appropriate tasks; behavioral
				self-control; appropriate judgment and value systems; decision-making ability);
				or
(5) ability to learn
				(
e.g.
, school achievement and attendance; receptive and
				expressive language; relationships with teachers; behavior in
				school).