N.Y. Comp. Codes R. & Regs. tit. 14 § 527.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 527.5 - Notice of recipients' rights

(a) Definitions.

(1) Community-based residential program means a community residence, a licensed residential program for adults, a licensed housing program for children and adolescents, a residential care center for adults, or a family care home.

(2) Hospital means a psychiatric hospital operated by the Office of Mental Health, a psychiatric hospital, a psychiatric unit of a general hospital, a comprehensive psychiatric emergency program, or a residential treatment facility for children and youth.

(3) Practitioner means a person employed by or rendering a service in a community-based residential program or a hospital who is licensed in a profession relevant to the treatment of mental illness under article 131 of the Education Law, or is not prohibited by law from providing mental health services.

(b) Each person residing in a hospital or community-based residential program, unless otherwise indicated, has the right to:

(1) a safe and sanitary environment;

(2) a balanced and nutritious diet;

(3) appropriate personal clothing for residents of hospitals;

(4) practice religion;

(5) freedom from abuse and mistreatment by employees or other residents of the facility;

(6) adequate grooming and personal hygiene supplies for residents of hospitals;

(7) a reasonable amount of safe storage space for clothing and other personal property;

(8) a reasonable degree of privacy in sleeping, bathing and toileting areas;

(9) receive visitors at reasonable times, to authorize those family members and other adults who will be given priority to visit, to have privacy when visited, and to communicate freely with persons within or outside the facility;

(10) appropriate medical and dental care for residents of hospitals;

(11) an individualized plan of treatment or services and to participate in the development of that plan including the opportunity for a person, 16 years of age or older, to request a significant individual to himself or herself, including any relative, close friend or individual otherwise concerned with such person's welfare, to participate in the development of such plan, except that in comprehensive psychiatric emergency programs, the opportunity for participation by a significant individual shall be provided where practicable; and

(12) bring any questions or complaints, including complaints regarding any orders limiting such persons' rights, to the facility director, the Mental Hygiene Legal Service, the board of visitors if applicable, and the Commission on Quality of Care and Advocacy for Persons with Disabilities.

(c) The rights described in subdivision (b) of this section may not be limited as a punishment or for the convenience of staff. Any limitation on such rights shall be permitted only upon a written order, which is included in the person's clinical record, and which states the clinical justification for such limitation and the specific period of time such limitation shall remain in effect. For an individual residing in a hospital, such written order shall be by a physician. For an individual residing in a community-based residential program, such written order shall be by the facility director, upon receipt of a recommendation by the practitioner who has primary responsibility for the person or, if such practitioner is not available, a practitioner designated by the facility.

(d) Directors of hospitals shall ensure that a notice of the rights described in this section is posted in each ward or living area of such hospitals or, in comprehensive psychiatric emergency programs, in each waiting or treatment area of such programs.

(e) Directors of community-based residential programs shall ensure that a notice of the rights described in this section is provided to every person upon his or her admission to such facilities, upon limitation of any right, or at the individual's request.

(f) Notices provided pursuant to subdivisions (d) and (e) of this section shall include the address and telephone numbers of the office of the facility director, or such person's designee responsible for receiving questions or complaints, the board of visitors if applicable, the Mental Hygiene Legal Service, and the Commission on Quality of Care and Advocacy for Persons with Disabilities.

(g) In the event that other provisions of this Title include rights of recipients, in addition to those described in this section, which are required to be included in a written notice, a single, combined notice will be deemed to satisfy the requirements of this section.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 527.5