N.Y. Comp. Codes R. & Regs. tit. 14 § 25.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 25.5 - Employment of patients

(a) Work by a patient may be an appropriate part of the patient's overall service plan only in accordance with this section.

(b) Sheltered work may be provided to patients only in workshops having appropriate certification in accordance with applicable Federal and State laws and regulations. Such work shall be provided, supervised and compensated in accordance with the certificate issued.

(c) A patient may engage in work involved in the ongoing operation and maintenance of the facility only if he or she is qualified, has agreed voluntarily to perform such work, and is compensated as a regular employee or under a special certificate issued by the Federal or State Department of Labor at rates applicable thereto.

(d) A patient may be involved in the care (feeding, clothing, bathing), treatment, training or supervision of other patients only if he or she has agreed voluntarily to perform such work, has been specifically trained in the necessary skills, has the humane judgment required for such activities, is adequately supervised, and is compensated as a regular employee or under a special certificate issued by the Federal or State Department of Labor at rates applicable thereto.

(e) Patients may be employed by an outside employer only if the employer complies with all applicable State laws and regulations.

(f) Nothing in this section shall diminish the expectation that whenever patients are able, they will maintain their personal possessions and living areas.

(g) Under no circumstances shall any patient be allowed to perform work tasks under conditions, in facilities, or on machines or equipment which are not in full compliance with all applicable Federal and State laws and regulations.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 25.5