reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7405 - Discipline › Section 7405.5 - Assistance to residents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a
				  resident is non-English speaking, illiterate, and for any other reason unable
				  to prepare a defense, assistance shall be provided to the resident.
(b) Such assistance shall be provided to the
				  resident by a person selected from a list approved by the facility director or
				  designee, and shall commence at least 24 hours prior to the hearing.
(c) Consistent with the requirements of this
				  Part, such assistance shall include, but not be limited to:
(1) interviewing witnesses; and
(2) obtaining evidence and written
				  statements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7405 - Discipline › Section 7405.7 - Disciplinary sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
				  the charges against a resident are affirmed as a result of a hearing, one or
				  more of the following sanctions may be imposed based upon the resident's past
				  record and the severity of the offense:
(1)
				  counseling and/or written reprimand;
(2) loss of one or more specified privileges
				  for a period consistent with the facility rules of resident conduct for the
				  particular offense(s);
(3)
				  restitution for the loss or damage of property made from existing or future
				  funds in the resident's account;
(4) loss of a specified period of good
				  behavior allowance, subject to restoration pursuant to applicable laws and
				  regulations; and
(5) the assigning
				  of a facility service activity for a length of time not to exceed 40
				  days.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7405 - Discipline › Section 7405.8 - Appeal procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Residents shall have the right to appeal the hearing disposition and any
				  sanction(s). Such appeal shall be submitted in writing within 15 days of the
				  resident's receipt of the disposition, specifying the grounds for
				  appeal.
(b) The facility director
				  or designee shall be required to send the resident's appeal and hearing
				  proceeding paperwork, within 15 days of receipt, to the Deputy Commissioner of
				  Rehabilitative Services or designee for review.
(c) The Deputy Commissioner of Rehabilitative
				  Services or designee review shall be completed within 45 days of receipt of the
				  resident's appeal and hearing paperwork.
(d) The Deputy Commissioner of Rehabilitative
				  Services or designee may confirm, reduce or modify all or part of the
				  sanction(s), but not increase them.
(e) Residents shall be notified in writing of
				  the Deputy Commissioner of Rehabilitative Services' decision regarding their
				  disciplinary appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7405 - Discipline › Section 7405.9 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
Each secure facility shall maintain a disciplinary record
					 which shall include:
(a) the rule
				  violation report;
(b) the
				  investigation report, if prepared;
(c) the formal disposition;
(d) the sanction(s) imposed, if any;
				  and
(e) the appeal
				  documents.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7406 - Reportable Incidents › Section 7406.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
				  provide a mechanism by which secure facility operations, policies and
				  procedures can be monitored, evaluated and improved, each secure facility shall
				  internally review and assess all incidents of a serious or potentially
				  problematic nature, and report such incidents to the State Commission of
				  Correction (the commission) pursuant to the requirements of this
				  Part.
(b) Consistent with the
				  requirements of this Part, the Office of Children and Family Services (OCFS)
				  shall develop written policies and procedures that govern the reporting of
				  secure facility incidents to the commission. These policies and procedures
				  shall be reviewed annually and updated as needed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7406 - Reportable Incidents › Section 7406.2 - Reportable incidents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  following incidents shall be reported to the commission pursuant to the
				  requirements of this Part:
(1)
				  assaults;
(2) sexual
				  abuse;
(3) sexual
				  assaults;
(4) employee
				  misconduct;
(5) communicable
				  reportable disease;
(6)
				  contraband;
(7) deaths;
(8) escapes;
(9) escape attempts;
(10) fires;
(11) personnel group actions;
(12) resident group actions;
(13) hostage situations;
(14) major disturbances;
(15) major maintenance/service
				  disruptions;
(16) natural/civil
				  emergencies;
(17) attempted
				  suicides;
(18) self-inflicted
				  injuries; and
(19) serious
				  accidental injuries.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7406 - Reportable Incidents › Section 7406.3 - Reporting incidents other than resident deaths

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As required in section
				  7406.2  of
				  this Part, whenever a reportable incident occurs at a secure facility, OCFS
				  shall report such incident to the Commission pursuant to the following
				  requirements:
(1) all major disturbances,
				  escapes, resident group actions, personnel group actions, hostage situations,
				  natural/civil emergencies, major maintenance/service disruptions, or any
				  incident during which control at a secure facility is lost or partially lost
				  shall be reported immediately upon occurrence or discovery in a form and manner
				  as required by the Commission.
(2)
				  all assaults, sexual assaults, sexual abuse, employee misconduct, communicable
				  reportable disease, contraband, escape attempts, fires, attempted suicides,
				  self-inflicted injuries, serious accidental injuries, or occurrence(s) that
				  disrupt the normal operations of a secure facility or that involve injury to
				  residents or staff resulting in hospital treatment shall be reported, in a form
				  and manner as required by the commission, within 24 hours of occurrence or
				  discovery.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7406 - Reportable Incidents › Section 7406.4 - Reporting resident deaths

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  OCFS shall report the death of any resident listed on its official count of
				  secure facility residents to the commission within six hours of pronouncement
				  of death, in a form and manner prescribed by the commission.
(b) Within three days after the pronouncement
				  of a resident's death, a copy of the deceased's entire medical record,
				  including the preliminary autopsy report, if available, shall be forwarded to
				  the commission.
(c) Any copies of
				  medical records provided pursuant to subdivision (b) of this section shall be
				  certified as being a true copy of such record by the authority responsible for
				  maintaining the record.
(d) Within
				  10 days after the pronouncement of a resident's death, the facility medical
				  director shall forward a follow-up report in writing to the commission which
				  shall include, but not be limited to:
(1) a
				  narrative medical history of the deceased covering the period 90 days prior to
				  death;
(2) the deceased's primary
				  medical and/or psychiatric diagnosis and the therapy provided, if any, as a
				  result of such diagnosis;
(3) a
				  narrative description of the terminal event occurring immediately prior to the
				  pronouncement of death; and
(4) a
				  final copy of the autopsy report, if available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7406 - Reportable Incidents › Section 7406.5 - Maintenance of reportable incident information

Current through Register Vol. 46, No. 28, July 10, 2024
A copy of all completed reports and supplementary
					 information prepared by OCFS secure facility staff pertaining to reportable
					 incidents, including copies of all information forwarded to the commission
					 pursuant to the requirements of this Part, shall be maintained on file as
					 applicable per OCFS policies and procedures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7406 - Reportable Incidents › Section 7406.6 - Review and assessment of reportable incidents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS shall develop and implement
				  procedures for the review, investigation, and assessment of reportable
				  incidents.
(b) OCFS shall regularly
				  review all reports prepared by secure facility staff in conjunction with the
				  review and/or investigation of reportable incidents, including pertinent
				  facility log entries.
(c) The
				  facility director or person acting in that capacity shall take appropriate
				  actions, based upon review of prior incidents, to reduce the possibility of
				  recurrence.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7407 - Printed Material And Publications › Section 7407.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Residents
				  placed in a secure facility operated by the Office of Children and Family
				  Services (OCFS) are entitled to receive printed material and publications
				  suitable for minors. Residents shall be permitted to receive such material from
				  any approved vendor, including but not limited to bookstores or
				  publishers.
(b) Consistent with the
				  requirements of this Part, OCFS shall develop written policies and procedures
				  that govern access to printed material and publications at each secure
				  facility. The written policy and procedures shall be reviewed annually and
				  updated as needed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7407 - Printed Material And Publications › Section 7407.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the term censor shall mean the
					 exclusion of any printed material or publications, or any portion
					 thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7407 - Printed Material And Publications › Section 7407.3 - Facility review of incoming printed material and publications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Incoming printed material and
				  publications may be read and reviewed. Incoming printed material and
				  publications may be censored only when it is determined that an item of printed
				  material or a publication constitutes a threat to the safety or security of a
				  secure facility, or the resident's treatment or rehabilitation
				  program.
(b) When the introduction
				  of any printed material or publication into a secure facility is thought to
				  constitute a threat to the safety or security of a secure facility, or the
				  resident's treatment or rehabilitation, such printed material or publication
				  shall be forwarded to the facility director, or person acting in that capacity,
				  for appropriate disposition. The facility director or designee shall read and
				  review such printed material and shall make a determination as to whether it
				  shall be censored.
(c) Any
				  determination made pursuant to subdivision (b) of this section shall be made in
				  writing and shall state the specific facts and reasons underlying such
				  determination. A copy of such determination shall be given to the intended
				  resident recipient.
(d) The
				  reading, review and determination made pursuant to subdivision (b) of this
				  section shall be completed within 10 days after receipt of the printed material
				  or publication at the facility.
(e)
				  When any incoming printed material or publication may involve a criminal
				  offense, it shall be forwarded by the facility director or person acting in
				  that capacity for appropriate disposition.
(f) Except as provided in subdivision (b) of
				  this section, the deletion of any portion of any printed material or
				  publication that has been censored pursuant to subdivision (c) of this section
				  shall be permitted only when the intended resident recipient consents in
				  writing to such deletion, in which case the censored portion of the printed
				  material or publication shall be deleted and the remainder forwarded to the
				  intended resident recipient.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7407 - Printed Material And Publications › Section 7407.4 - Limitation of incoming printed material and publications

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS may adopt policies and procedures which limit the
					 amount of printed material and other paper materials retained within a
					 resident's living area, in furtherance of the safety, security and good order
					 of the facility, especially safety from the risk of fire.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Adequate health
				  care and health care services shall be provided to all residents in order to
				  promote the well being of residents through the prevention, detection,
				  treatment and management of disease and disability.
(b) Consistent with the requirements of this
				  Part, the Office of Children and Family Services (OCFS) shall develop written
				  policies and procedures that govern health services. The written policies and
				  procedures shall be reviewed annually and updated as needed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply to each secure
					 facility and OCFS in its operation of such secure facilities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.4 - Residents' rights as patients

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Consistent with the requirements of this Part, OCFS shall afford resident
				  patients the right to:
(1) considerate and
				  respectful care;
(2) obtain, upon
				  request, the name of the physician responsible for coordinating their
				  care;
(3) the name and function of
				  any person providing health care services to the resident;
(4) obtain from the agency medical director
				  or designee current information concerning a resident's diagnosis, treatment
				  and prognosis in terms the resident can reasonably be expected to understand.
				  When it is not medically advisable to give such information to the resident,
				  the information shall be made available to an appropriate person on behalf of
				  the resident;
(5) receive from the
				  physician or qualified health professional information necessary for the
				  resident, parent or legal guardian to give informed consent prior to the start
				  of any procedure or treatment involving a non-emergency treatment procedure or
				  surgery, diagnostic procedure, or medical test which involves invasion or
				  disruption of the physical integrity of the body. Such information shall
				  include, at a minimum: the specific procedure, treatment, or medical test, the
				  reasonably foreseeable risks involved, and alternatives to care and treatment,
				  if any;
(6) refuse treatment,
				  diagnostic procedures, and medical tests to the extent permitted by law and to
				  be informed of the medical consequences of this action;
(7) privacy, to the extent consistent with
				  providing adequate medical care to the resident and consistent with the safety
				  and good order of the facility; and
(8) privacy and confidentiality of all
				  records pertaining to the resident's treatment, except as otherwise provided by
				  law and consistent with the safety and good order of the facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.5 - Administrative health services authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS shall establish an administrative
				  health services authority and shall require that the health care delivery in
				  secure facilities is governed by an administrative health services
				  authority.
(b) Every administrative
				  health services authority shall fall under the management of a health services
				  administrator.
(c) OCFS shall
				  develop a written job description for the position of health services
				  administrator.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.6 - Clinical health services authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS shall establish clinical health
				  services authorities, and shall require that direct health care delivery in
				  secure facilities is governed by a clinical health services
				  authority.
(b) At a minimum, each
				  clinical health services authority shall consist of a medical director,
				  registered professional nurse and licensed health care professionals.
(c) OCFS shall develop written job
				  descriptions outlining the duties and responsibilities of the medical director
				  and all other licensed health care professionals.
(d) Each clinical health services authority
				  responsible for more than one secure facility shall be staffed by a full time
				  medical director.
(e) Each medical
				  director shall be responsible for the quality, continuity and availability of
				  all health care provided to residents within each secure facility.
(f) OCFS shall provide each clinical health
				  services authority with licensed health care professionals sufficient to meet
				  the health care needs of the resident population. In determining the adequacy
				  of each health care staff, OCFS shall take into account factors including, but
				  not limited to:
(1) the annual average size of
				  the resident population under the care of the clinical health services
				  authority;
(2) the level(s) of care
				  to be delivered by the clinical health services authority, as defined by OCFS
				  and consistent with the requirements of this Part; and
(3) impediments to or limitations upon
				  resident access to health services associated with security imperatives and/or
				  physical plant location or configuration.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.7 - Medical treatment areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each secure
				  facility shall provide medical treatment areas for diagnosis and treatment
				  adequate to meet the needs of the resident population.
(b) In newly constructed or renovated
				  facilities that operate infirmary units, each medical treatment area shall
				  contain a nurses' station which shall be an enclosed area and be proximate to
				  the infirmary and observation rooms.
(c) Consistent with the requirements of
				  Subparts 70-1 and 70-2 of Title 10 NYCRR, solid waste originating in medical
				  treatment areas, including but not limited to: garbage, rubbish and other
				  refuse, medical waste and infectious materials shall be disposed of in such a
				  manner that will prevent the transmission of disease and not create a nuisance,
				  fire hazard or breeding place for insects or rodents.
(d) OCFS shall develop, implement and enforce
				  a comprehensive medical housekeeping and infection control policy and procedure
				  specifically tailored to each medical treatment area.
(e) OCFS shall provide that all details,
				  finishes and furnishings in medical treatment areas are able to be easily
				  cleaned and in a condition which facilitates infection control.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.8 - Independent health care services

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS shall require that all independent providers of health
					 care treatment and services to residents comply with the pertinent requirements
					 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.9 - Health appraisal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS
				  shall develop and implement an admission health appraisal process for each
				  resident which includes, but is not limited to:
(1) a health screening which consists of a
				  visual assessment and interview which shall be performed as soon as possible
				  after each resident's admission into a secure facility, but in no event later
				  than 24 hours after admission;
(2)
				  a complete written medical history which shall be obtained from each resident
				  within seven days following initial admission to a secure facility and shall
				  include assessments of chemical dependency and risk behaviors for HIV infection
				  and blood-borne viruses such as hepatitis B and C. If a resident has a
				  documented complete written medical history within the previous 12 months, an
				  update of the medical history is required, except as determined by a licensed
				  health care professional; and
(3) a
				  complete physical examination which shall be provided to each resident within
				  seven days of initial admission to a secure facility and at yearly intervals
				  thereafter. If a resident has documented evidence of a physical examination
				  within the previous 12 months, a new physical examination is not required,
				  except as determined by a licensed health care professional.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.10 - Ambulatory health care services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS shall require each secure facility
				  to provide access to ambulatory health care services (sick call).
(b) Each secure facility shall provide
				  ambulatory services adequate to meet the needs of the resident population. No
				  resident shall be denied access to sick call services.
(c) Treatment plans shall be formulated and
				  implemented for all residents in need of continuing medical treatment on an
				  ambulatory service basis. Such treatment plans shall provide for regular,
				  periodic medical re-evaluation of such resident.
(d) OCFS shall require that each secure
				  facility's ambulatory services clinic provide sufficient space which shall
				  include, but is not limited to:
(1) a storage
				  area for medical records and medical supplies;
(2) adequate space and equipment to handle
				  routine emergency situations;
(3) a
				  private examination and treatment room; and
(4) an adequate waiting space if
				  necessary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.11 - Possession of medication by residents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS may develop and implement policies
				  and procedures that govern the possession of medication by residents for whom
				  medication is prescribed.
(b) All
				  approvals for individual residents to keep a supply of medication in their
				  possession shall be recorded by the facility medical director and recorded in
				  the resident's medical record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.12 - Storage of medications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  medications shall be stored in a safe and secure manner consistent with the
				  requirements of this section to insure control only by authorized personnel
				  designated by the facility medical director.
(b) Each facility shall store all
				  pharmaceuticals in sanitary, locked compartments under proper temperature
				  controls.
(c) Each facility shall
				  store controlled drugs, needles and syringes in separately locked, permanently
				  affixed compartments in accordance with Part 80 of Title 10 NYCRR. Adequate
				  records of administration of such drugs and stocks on hand, including perpetual
				  inventory and shift count records, shall be maintained.
(d) Medications whose shelf life has expired
				  or which are otherwise no longer in use shall be disposed of or destroyed in
				  accordance with State and Federal laws and regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.13 - Disposal of unused medications

Current through Register Vol. 46, No. 28, July 10, 2024
Unused resident controlled substance medication shall be
					 disposed of in compliance with section
					 80.51
					 of Title 10 NYCRR.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.14 - Medical emergency services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each secure facility shall provide access
				  to emergency services which permit the medical evaluation, treatment and
				  disposition of medical emergency cases on a 24-hour basis each day.
(b) Each secure facility shall designate a
				  primary and, if practicable, secondary certified or registered ambulance
				  service. Such designations shall be documented and approved by OCFS.
(c) Each secure facility shall designate a
				  primary and, if practicable, secondary nearby hospital emergency room to
				  provide emergency medical services on a 24-hour basis each day. Such
				  designations shall be recorded and approved by OCFS.
(d) Each secure facility shall develop
				  security procedures providing for the timely medical transport of residents to
				  a designated hospital emergency room.
(e) Residents requiring hospital emergency
				  room service shall get personally presented at such emergency room for
				  treatment. Every refusal of hospital emergency room service to residents so
				  presented which, in the opinion of the agency medical director constitutes a
				  violation of section
				  405.19(e)
				 of Title 10, shall be reported in complaint form to the New York State
				  Department of Health (DOH), Bureau of Hospital Services by such medical
				  director.
(f) Every refusal by DOH
				  certified or registered ambulance service to respond to a medical emergency at
				  a secure facility shall be reported in complaint form by the agency medical
				  director to DOH, Bureau of Emergency Medical Services.
(g) Each secure facility shall provide first
				  aid kits adequate in number, distribution and content to meet the needs of
				  security and health care staff as determined by the agency medical
				  director.
(h) Direct care staff
				  shall receive training and maintain certification in approved first aid and
				  emergency life support techniques.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.15 - Hospital services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Consistent with the requirements of this Part, OCFS shall provide access for
				  all residents to the services of a hospital.
(b) Each secure facility shall designate, in
				  writing, hospitals for acute care and outpatient hospital services adequate to
				  meet the needs of the resident population.
(c) OCFS shall determine acute care hospital
				  services needs, including future needs. In making such determination, OCFS
				  shall take into account the utilization review activities as they relate to
				  hospital services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.16 - Quality assurance program

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS shall establish and maintain a formal, coordinated
					 quality assurance program which periodically evaluates the health care delivery
					 activities for each secure facility within the context of the overall health
					 care delivery system for the purpose of enhancing the quality of
					 resident-patient care and identifying and preventing medical and dental
					 malpractice.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.17 - Skilled professional health care services

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS shall provide every total care patient access to
					 skilled professional health care services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.18 - Special diagnostic and therapeutic services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS shall provide access to special
				  diagnostic and therapeutic services provided by a qualified medical specialist
				  to all residents as ordered by the facility medical director.
(b) OCFS shall require that:
(1) residents requiring emergency surgery are
				  presented to an appropriate medical facility for such surgery
				  immediately;
(2) residents
				  requiring diagnostic surgery are presented to a appropriate medical facility
				  for such surgery in a timely manner; and
(3) residents requiring elective surgery
				  approved by the medical director to correct conditions determined by the
				  medical director to be progressively deteriorating are presented to an
				  appropriate medical facility for such surgery within a time span recommended by
				  the medical director in each case, but in no event more than 120 days after
				  completion of such pre-surgical approval in each case.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.19 - Radiology services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  secure facility shall have access to radiology services adequate to make
				  satisfactory X-rays as ordered by the facility medical director and sufficient
				  to meet the needs of its population.
(b) All X-rays other than dental X-rays shall
				  be interpreted by a board-eligible radiologist. Interpretations shall be
				  recorded, signed and dated by the radiologist.
(c) Only licensed X-ray technicians shall
				  operate facility radiology equipment except that dentists and dental hygienists
				  under the supervision of a dentist may operate facility dental radiology
				  equipment.
(d) All secure facility
				  radiology equipment shall be licensed and registered by State or local
				  authorities.
(e) A radiation
				  physicist, other than OCFS staff, shall inspect each secure facility's
				  radiology equipment on an annual basis to provide that it is free of hazards
				  for residents and staff members. Such inspections shall be recorded and
				  forwarded to OCFS.
(f) OCFS shall
				  establish a radiation protection program for each secure facility which
				  operates radiology services.
(g)
				  Facility radiology services shall be used solely for medical diagnostic
				  purposes and only when ordered by a physician.
(h) OCFS shall establish a process for
				  storing, identifying and promptly retrieving resident X-rays.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.20 - Laboratory services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  secure facility shall have access to licensed clinical laboratory services
				  which meet clinical laboratory operating standards set forth by DOH sufficient
				  to meet the needs of its population as ordered by the facility medical
				  director.
(b) Clinical laboratory
				  services shall be provided only by registered clinical laboratory technologists
				  or physicians or as otherwise permitted by applicable Federal and NYS laws,
				  rules and regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.21 - Medical diets

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS shall require every secure facility to establish a
					 program of prescription and provision of therapeutic nutrition as ordered by
					 the facility medical director or dentist, for all residents in need of such
					 program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.22 - Experimentation and research

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS
				  shall prohibit resident participation in medical, pharmaceutical or cosmetic
				  experiments.
(b) Nothing in this
				  section shall prohibit the provision of investigational therapies to residents
				  in need of such medical therapies or their consensual participation in
				  therapeutic research programs consistent with the requirements of this Part and
				  article 24-A of the Public Health Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.23 - Medical records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  permanent individual medical record shall be established and maintained for
				  every resident.
(b) All health care
				  services provided to residents by facility health care staff or by independent
				  health care providers shall be recorded in the medical record.
(c) Medical records shall contain sufficient
				  information to justify the diagnosis and warrant the treatment and
				  results.
(d) Each active resident
				  medical record shall contain a current medical history and a written, regularly
				  updated list of diagnosed medical problems located at the beginning of the
				  record.
(e) OCFS shall maintain a
				  professional review system which ensures that a representative sample of
				  resident medical records in every facility is periodically reviewed for
				  completeness and for quality of medical care based upon evidence in the medical
				  record.
(f) OCFS shall provide each
				  clinical health services authority with trained staff responsible for resident
				  medical records.
(g) Each clinical
				  health services authority shall maintain a system of storage and identification
				  to ensure the prompt location and retrieval of every resident medical
				  record.
(h) The medical record of
				  every resident transferred between secure facilities shall be forwarded in a
				  confidential manner, consistent with section 2782 of the Public Heath Law, with
				  the resident at the time of transfer to the receiving secure facility. If, due
				  to an emergency situation, it is not possible to forward the medical record at
				  the time of a resident's transfer, such record shall be forwarded to the
				  receiving facility within 24 hours of the time of transfer.
(i) All resident medical records shall be
				  safely and securely retained as required by law.
(j) All resident records shall be
				  confidential and access to them restricted as required by law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.24 - Isolation for contagious diseases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with the requirements of this
				  Part, each secure facility which operates an infirmary shall develop and
				  implement procedures for medical isolation.
(b) There shall be at least one medical
				  isolation room in each secure facility which operates a facility
				  infirmary.
(c) Any resident
				  admitted to a facility infirmary who the facility medical director determines
				  may have an infectious reportable disease shall be placed in
				  isolation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.25 - Resident mortality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  secure facility shall report the death of any resident on its official count of
				  residents to the Commission of Correction by telephonic facsimile, in a form
				  and manner prescribed by the commission, within six hours of pronouncement of
				  death.
(b) Each secure facility
				  shall mail a certified copy of any deceased resident's entire health care
				  record to the commission within three days of pronouncement of death.
(c) Each secure facility shall immediately
				  report the death of any resident on its official count of residents to the
				  coroner or medical examiner having jurisdiction in the place where such
				  resident is pronounced dead.
(d)
				  OCFS shall not, absent approval of identifiable next of kin, dispose of
				  resident remains by cremation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.26 - HIV/AIDS

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS shall develop and implement written policy, procedure
					 and practice that specify approved actions to be taken by staff concerning
					 juveniles who have been diagnosed as HIV positive. This policy shall be
					 consistent with article 27-F of the Public Health Law, and all other applicable
					 laws, rules and regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.27 - Emergency and disaster preparedness

Current through Register Vol. 46, No. 28, July 10, 2024
Each secure facility shall have in effect a written health
					 services emergency and disaster preparedness plan. Written policy and procedure
					 shall require that the health aspects of the facility's disaster plan be
					 approved by the clinical health services authority and the facility director.
					 The emergency and disaster preparedness plan shall be reviewed and drilled
					 annually. All review and drills shall be recorded.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.28 - Health systems records and data

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in this Part shall prevent access, including but
					 not limited to telephonic consultation, by the commission, or any employee
					 designated by the chairman of the commission, pertaining to any resident's
					 medical treatment, to any and all records maintained by OCFS or any secure
					 facility, or to any information from any OCFS employee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7410 - Health Services › Section 7410.29 - Education and training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  secure facility shall provide a formal orientation and training program for new
				  health care staff which shall include an orientation to the secure facility and
				  OCFS' written policies and procedures for health services.
(b) A continuing training program appropriate
				  to the position shall be provided for all health care staff member employed at
				  each secure facility. Such continuing training program shall include, but is
				  not limited to:
(1) training in physical
				  assessment for registered professional nurses who conduct ambulatory clinic
				  screening of residents;
(2)
				  training in counseling, prevention education and clinical management protocols
				  of HIV disease, including associated psychosocial aspects, provision of current
				  effective therapies, associated techniques and infection control; and
(3) training in all aspects of the emergency
				  and disaster preparedness plan required pursuant to section
				  7410.27 
				  of this Part.