New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter II - All Facilities
Subchapter B - INSTITUTIONAL CARE AND TREATMENT
Part 25 - Work Activities Of Patients
Section 25.7 - Exceptions
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 25.7
Current through Register Vol. 46, No. 39, September 25, 2024
(a) No provision of this Part shall be deemed to limit the ability of a facility to hire any patient or former patient in accordance with regular employment practices of the facility.
(b) This Part shall not apply to patients who volunteer to participate in an organized system of volunteer services, provided that:
(1) the patient has the mental capacity
to volunteer, does volunteer, and a written record of the determination of
mental capacity is retained in the patient's clinical record;
(2) such services would not be compensated by
the facility if performed by a person other than a patient;
(3) such work shall be directed and
supervised in accordance with the patient's individual service plan;
and
(4) a record of such volunteer
work shall be maintained in accordance with section
25.6 of this
Part.
(c) This Part shall not apply to clients who reside and work within an integrated residential community pursuant to sections 27.2(g) and 27.3(f) of this Title. However:
(1) an integrated
residential community shall design and implement a means to ensure that clients
are protected from exploitation; and
(2) under no conditions shall a client of an
integrated residential community be permitted to perform work tasks or
activities without appropriate supervision or perform on equipment and under
conditions which do not adequately provide for the client's health, safety and
welfare.
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