N.Y. Comp. Codes R. & Regs. tit. 14 § 27.8

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

Section 27.8 - Care and treatment; right to object and appeal

(a)General.

Patients may object to any form of care and treatment and may appeal decisions with which they disagree.

(b)Effect of objection on treatment process.

(1) Emergency treatment. Facilities may give treatment, other than treatment for which informed consent is required by section 27.9 of this Part, at any time to all patients, despite objection in a case where the treatment appears necessary to avoid serious harm to life or limb of the patients themselves or others. Emergency treatment in situations covered by section 27.9 shall be pursuant to such section.

(2) Patients on voluntary or informal status. Patients who are on a voluntary or informal status may not be given treatment over their objection. When any such patient objects to all recommended forms of treatment, the facility director may, after notification to the patient, discharge the patient with recommendations for outpatient care if indicated, or, if appropriate, take steps to convert the patient to involuntary status as set forth in the Mental Hygiene Law. When a patient is discharged because of objection to all recommended forms of treatment, the facility director should have the patient's family notified if feasible.

(3) Patients on involuntary status. Patients held on involuntary status may be given treatment over their objections only if the following conditions are compiled with:

(i) If the objections raised by the patient are disposed of as set forth in subdivisions (c), (d) and (e) of this section.

(ii) If the objection is based on an assertion that the treatment is in conflict with a religious belief of the patient, only if there is a court order authorizing the particular treatment.

(iii) If the type of treatment to be provided required informed consent as required by section 27.9 of this Part, only to the extent allowed by such section.

(iv) If conditions specified in paragraph (1) of this subdivision (need for emergency treatment) are present.

(c) Review of objection.

Prior to initiating a treatment procedure over the objection of a patient, such objection must be reviewed by the head of the service. The decision of the head of the service shall be communicated to the patient and his or her representative, if any, and to the Mental Health Information Service, and treatment may be initiated unless the patient or her or his representative chooses to appeal this decision to the director. The appeal procedure shall be in accordance with subdivision (e) of this section.

(d)Patient's right to representative.

Patients have the right to request that legal counsel or other concerned person represent them in the formal appeal procedures authorized in this section.

(e)Appeal.

(1) If the patient or a representative of the patient has appealed to the facility director from a decision of the head of the service with respect to an objection to treatment, the director shall consider the appeal and make a decision. The decision of the director shall be communicated to the patient and the patient's representative, if any, and to the Mental Health Information Service.

(2) A patient shall also have the right to appeal to the director any decision to which he objects relating to his care and treatment at the facility.

(3) In cases of facilities operated by the Office of Mental Health, the patient may appeal from any such decision of the director to the commissioner or his or her designee. Such request for review must be filed with the director within five days, excluding Saturdays, Sundays, and holidays, after notification of the director's decision. The director of the facility shall forthwith transmit the request to the commissioner or his or her designee. When the commissioner or his or her designee decides the issue, the patient, the patient's representative, and the director of the Mental Hygiene Legal Service shall be notified of the decision.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 27.8

Amended, New York State Register, Volume XXXVI, Issue 22, effective 6/4/2014