New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 633 - Protection of Individuals Receiving Services in Facilities and Services Operated and/or Certified by OPWDD › Section 633.3 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section
				13.01 of the New York State Mental Hygiene Law establishes that New York State
				has responsibility for the comprehensively planned care, treatment and
				rehabilitation of New York State's citizens with developmental
				disabilities.
(b) Section 13.07 (c)  of the Mental
				Hygiene Law establishes that OPWDD shall have responsibility for seeing that
				persons with developmental disabilities receiving care and treatment have their
				personal and civil rights protected.
(c) Section 13.09 (b)  of the Mental
				Hygiene Law grants the commissioner (see glossary, section
				633.99  of
				this Part) of OPWDD the authority to adopt rules and regulations necessary and
				proper to implement any matter under his or her jurisdiction.
(d) Sections 13.21 (b) and
				16.13 (b)  of the Mental
				Hygiene Law require the reporting of apparent crimes related to alleged abuse
				to the district attorney or other appropriate law enforcement official within
				three working days of the event.
(e) Section 16.17  of the Mental Hygiene Law authorizes
				the commissioner to revoke, suspend or limit an operating certificate or impose
				a fine, or temporarily suspend or limit an operating certificate, for failure
				to comply with the provisions of applicable statutes, rules or regulations; and
				permits the removal of any or all persons if there is a situation that poses
				imminent danger to their health or safety.
(f) Section 16.19  of the Mental Hygiene Law addresses
				the confinement, care and treatment of persons who have a developmental
				disability.
(g) Section 16.29  of the Mental Hygiene Law requires
				the promulgation of regulations establishing standards for protection of
				children from abuse by addressing applicant background verification,
				supervision of employees and volunteers, reporting and responding to
				allegations of abuse, removal when an individual is at risk, appropriate
				preventive and remedial actions, and training of both staff and individuals
				receiving services in all certified facilities.
(h) Section 29.29  of the Mental Hygiene Law requires
				the promulgation of regulations establishing standards for protection of
				children from abuse by addressing applicant background verification,
				supervision of employees and volunteers, reporting and responding to
				allegations of abuse, removal when an individual is at risk, appropriate
				preventive and remedial actions, and training of both staff and individuals in
				all developmental centers.
(i)
				Article 33 of the Mental Hygiene Law establishes the basic civil rights
				pertaining to persons receiving services for mental disabilities. Section 33.02
				provides a mechanism for notifying each person residing in a developmental
				center of certain rights, including freedom from abuse and mistreatment by
				employees and other residents. Section 33.04 sets forth requirements for the
				use of an apparatus for restraint purposes as specifically stated therein.
				Section 33.13 addresses the content and confidentiality of clinical records.
				Section 33.16 establishes rules for access to clinical records by the person
				for whom the record is maintained and certain other qualified
				parties.
(j) Section 41.41  of the Mental Hygiene Law provides a
				mechanism for setting forth certain rights for persons residing in a community
				residence, including the right to be free from physical or psychological
				restraint or pressure, subject to section 33.04 of such law.
(k) Article 80 of the Mental Hygiene Law
				provides a mechanism for surrogate decisionmaking relative to certain medical
				treatment.
(l) Sections 131-o and
				366 of the New York State Social Services Law provide information on the
				determination of personal allowance (see glossary). Section 131-o also provides
				guidance on the management of personal allowances.