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 633.7 - Conduct of employees, volunteers, family care providers and custodians

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1)
				Every agency/facility or sponsoring agency shall have policies/procedures that
				address the conduct of employees, volunteers and family care providers while
				functioning in a work- related capacity.
(2) At a minimum, employees, volunteers and
				family care providers shall be advised of the following:
(i) Employees and volunteers shall not
				distribute, sell, possess, purchase or consume illegal substances or alcohol
				while at the workplace or while performing in a work-related capacity. However,
				the consumption of alcohol on special occasions shall be permitted with the
				prior written permission of the program administrator. Family care providers
				shall not distribute, sell, possess, purchase or use illegal
				substances.
(ii) Employees and
				volunteers shall not come to work, or work, if their ability to perform their
				job is impaired due to the use of alcohol, a controlled substance, an illegal
				substance or a prescribed medication. Family care providers shall make
				alternative care arrangements.
(iii) Individuals receiving services at the
				facility shall not carry out the duties of employees, unless such tasks are
				described in his or her plan of services by the program planning team for the
				purpose of increasing the person's skills.
(iv) Individuals receiving services at the
				facility shall not be subject to inappropriate exposure to firearms or other
				weapons in or on the grounds of a facility. There shall be policies/procedures
				governing the presence and safekeeping of firearms or other weapons in the
				facility or on the grounds. Nothing in this subdivision shall preclude a person
				from pursuing the opportunity to receive certification of successful completion
				of a hunter safety course for a specified firearm or weapon, and the subsequent
				appropriate use of such firearm or other weapon.
(v) There shall be no personal financial
				transactions between employees, volunteers or family care providers and persons
				receiving services which may be construed as exploitation of that person or
				result in greater benefit to the employee, volunteer or family care provider
				than to the person.
(vi) Employees,
				volunteers and family care providers shall treat all client information about
				the person being served as confidential and utilize such information in a
				professional manner at all times. To the extent employees, volunteers or family
				care providers obtain HIV-related information concerning a person, such
				information shall be maintained in confidence as required by 10 NYCRR Part 63
				and the provisions of section
				633.19 
				of this Part.
(3) The
				agency/facility or sponsoring agency shall take appropriate action in the event
				that misconduct occurs relative to paragraph (2) of this subdivision.