2006 New York Code - Notice Of Rights Of The Mentally Disabled.

 
  § 33.02 Notice of rights of the mentally disabled.
    (a)  In  order  to  ensure  that  residents  of facilities or programs
  operated or licensed by the office of mental health  and  facilities  or
  programs  operated  or certified by the office of mental retardation and
  developmental disabilities are treated  consistent  with  the  laws  and
  regulations  assuring  quality  care,  the commissioner of the office of
  mental health and the commissioner of the office of  mental  retardation
  and  developmental  disabilities  shall promulgate regulations informing
  residents of their rights under law. Such regulations shall include, but
  not be limited to, informing residents that they have the right to:
    1. a safe and sanitary environment;
    2. a balanced and nutritious diet;
    3. appropriate  personal  clothing  for  residents  of  hospitals  and
  developmental centers;
    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 and developmental centers;
    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 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 and
  developmental centers;
    11. an individualized plan of treatment or services and to participate
  in the development of that plan including the opportunity for a  patient
  sixteen  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  at  comprehensive  psychiatric
  emergency   programs   such   plan  shall  be  in  accordance  with  the
  commissioner's regulations and the opportunity for  participation  by  a
  significant  individual  shall  be  provided  where practicable. For the
  purposes of this paragraph, a written treatment  plan  may  include  the
  program   narrative  for  clients  served  by  an  integrated  community
  certified  by  the  office  of  mental  retardation  and   developmental
  disabilities;
    12.  bring any questions or complaints, including complaints regarding
  any orders limiting such residents' rights, to  the  facility  director,
  the  mental  hygiene legal service, the board of visitors if applicable,
  and the commission on quality of care for the mentally disabled; and
    13. authorize those family members and other adults who will be  given
  priority  to  visit  consistent  with  the  patient's ability to receive
  visitors.
    (b) The foregoing rights may not be limited as a punishment or for the
  convenience of staff. Any limitation on the rights enumerated  shall  be
  permitted  for an individual resident of a hospital operated or licensed
  by the office of mental health or developmental center operated  by  the
  office  of  mental  retardation and developmental disabilities only upon
  written order of a physician in the resident's clinical  record  stating
  the  clinical  justification for such limitation and the specific period
  of time such limitation shall remain in effect. Any  limitation  on  the
  rights  enumerated  shall be permitted for an individual resident of any
  other residential facility or program operated or licensed by the office
  of mental health or operated  or  certified  by  the  office  of  mental
  retardation  and  developmental  disabilities only upon written order by
  the director or chief executive officer of such facility or program upon
  receipt of a recommendation by the treating practitioner as  defined  by
  paragraph seven of subdivision (a) of section 33.16 of this article with
  such  order  to  be placed in the resident's clinical record stating the
  clinical justification for such limitation and the  specific  period  of
  time such limitation shall remain in effect.
    (c)  The  commissioners  and the facility director shall ensure that a
  notice of the rights included in  regulations  promulgated  pursuant  to
  this  section  is  posted  in each ward or living area of every hospital
  operated  or  licensed  by  the  office  of  mental  health  and   every
  developmental  center  operated  by the office of mental retardation and
  developmental disabilities, and that such notice is  provided  to  every
  individual  resident  of  any  other  residential  facility  or  program
  operated or licensed by the respective offices upon  admission  to  such
  facility   or   program,  upon  limitation  on  any  right,  or  at  the
  individual's  request.    The  notice  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 for the mentally disabled.