N.Y. Comp. Codes R. & Regs. tit. 14 § 512.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 512.10 - Rights of pros participants

(a) Individuals participating in a PROS program certified pursuant to this Part are entitled to the rights defined in this subdivision. A provider of service shall be responsible for the protection of these rights.

(1) Individuals participating in a PROS program have the right to an individualized recovery plan and to participate to the fullest extent consistent with his or her capacity in the establishment and revision of that plan.

(2) Individuals have the right to a full explanation of the services provided in accordance with their IRP.

(3) Participation in a PROS program is voluntary and individuals are presumed to have the capacity to consent to such participation. The right to participate voluntarily in and to consent to participation in a PROS program shall be limited only pursuant to a court order in accordance with applicable provisions of law.

(4) The confidentiality of individuals' clinical records shall be maintained in accordance with section 33.13 of the Mental Hygiene Law and applicable Federal law and regulations.

(5) PROS participants and other qualified persons shall be assured access to their clinical records consistent with section 33.16 of the Mental Hygiene Law and applicable Federal law and regulations.

(6) Individuals have the right to receive clinically appropriate care and treatment that is suited to their needs and skillfully, safely and humanely administered with full respect for their dignity and personal integrity.

(7) Individuals have the right to receive services in a non-discriminatory manner, and to be treated in a way that acknowledges and respects their cultural environment.

(8) Individuals have the right to a maximum amount of privacy consistent with the effective delivery of services.

(9) Individuals have the right to freedom from abuse and mistreatment by staff.

(10) Individuals have the right to be informed of the provider's grievance policies and procedures, and to initiate any questions, complaints or objections accordingly.

(b) A provider of service shall provide a notice of rights as described in subdivision (a) of this section to each individual upon admission to a PROS program. Such notice shall be provided in writing and posted in a conspicuous location easily accessible to the public. The notice shall include the address and telephone number of the Commission on Quality of Care and Advocacy for Persons with Disabilities, the nearest regional office of the Protection and Advocacy for Individuals with Mental Illness Program, the nearest chapter of the National Alliance for Individuals with Mental Illness- New York State, the local governmental unit, and the Office of Mental Health.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 512.10