New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter IV - Regulation And Quality Control
Subchapter D - Operation Of Facilities
Part 81 - Operation Of Schools For The Mentally Retarded
Section 81.6 - Program
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 81.6
Current through Register Vol. 46, No. 39, September 25, 2024
(a) General.
(1) The governing body shall develop program
policies which indicate the diagnostic and functional group or groups to be
served, upper and lower age limits, any limitations on the length of residence,
the provision of medical and nursing care, the administration of discipline,
the assurance of proper hygiene and clothing, sources of referral, admission
and discharge criteria and procedures, criteria for functional groupings and
other aspects that help to define the operation of the school.
(2) Direct services to residents shall be
provided in accordance with an individual written plan of care, treatment and
training specifying the nature of the conditions and the disabilities found to
be present and those which are to be affected, relating these to the methods of
care, treatment and training to be provided, identifying the intended benefits
of care and treatment and providing for appropriate review and revision.
Integrated residential communities, as defined in section
27.2(g)
of this Title, shall be exempt from the requirements of this section and shall
instead comply with section
27.3(f)
of this Title.
(3) The program
shall be sufficiently comprehensive to provide residents with opportunities to
engage in social and recreational activities both at the school and in the
community to the extent of their capability.
(4) The school shall maintain a congenial
group living spirit and shall encourage those activities which contribute to
personal development and satisfaction and are common in normal homes.
(5) There shall be supervisory personnel on
duty at the school at all times.
(6) A single case record, which contains
current information regarding diagnosis, treatment and training, and evaluation
of results of care, treatment and training for each person served, shall be
available to all professional staff involved in the care or treatment of that
person. In the circumstance of an integrated residential community, as defined
in section
27.2(g)
of this Title, paragraph (7) of this subdivision shall be
controlling.
(7) Appropriate access
to the case records of an integrated residential community which contain
current information regarding diagnosis, treatment, training, and assessment of
the results of care for each person served, shall be guaranteed by the provider
agency. Information will be made available to staff interacting with the
client, consulting professionals, parents and OMRDD staff in accordance with
the facility's policies, subject to the review and approval of OMRDD.
(b) Admissions.
(1) All admissions shall be in accordance
with the provisions of article 33 of the Mental Hygiene Law, and on the forms
prescribed therefor.
(2) The
certified bed capacity of the school shall not be exceeded at any
time.
(c) Education program.
(1) Schools serving children of
legal school age shall make available an education program which meets
standards established by the New York State Education Department. Any
exceptions to the foregoing shall be on an individual basis and the reasons
therefor shall be documented, retained in the case record and reviewed at least
twice annually.
(2) There shall be
a written teaching plan for each class with modifications where necessary to
meet specific needs of residents.
(3) Work-study or vocational training
programs shall be available for all residents older than legal school
age.
(d) Medical and health services.
(1) Medical care shall be
provided as needed for each resident, and all such care shall be coordinated
and approved by a single, named physician for all residents.
(i) There shall be periodic medical, dental,
eye and hearing examinations, for preventive and remedial purposes, at least
twice annually for residents up to age 18 and once annually
thereafter.
(ii) There shall be a
written communicable disease control plan, including provisions to assure new
admissions being free of communicable disease, to provide regularly scheduled
immunization and to control the spread of communicable diseases.
(iii) There shall be a written plan for
obtaining medical care in an emergency.
(2) Psychiatric consultation shall be
utilized in the preparation of the treatment plan for each resident who is
mentally ill or emotionally disturbed in addition to being mentally
retarded.
(3) Therapies such as
physical therapy, occupational therapy, indoor and outdoor recreational and
social therapy, speech and hearing therapy, and others shall be provided at the
school or by arrangement with outside resources as needed for individual
residents.
(4)
(i) The school shall provide full-time
nursing services under the direction of a currently registered professional
nurse experienced in the care of the mentally retarded if any of the following
are served on a regular basis: the severely or profoundly retarded, the mildly
or moderately retarded who are also physically handicapped, or the mentally
retarded under five years of age.
(ii) If the facility is not required to
provide full-time nursing services, all usual and necessary activities and
procedures for the maintenance of physical well-being of the residents shall be
provided under the supervision of a regularly scheduled part-time currently
registered professional nurse.
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