New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 505 - Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids)
Section 505.5 - Prevention of discrimination and abuse

Current through Register Vol. 46, No. 39, September 25, 2024

(a) No individual will be subjected to discrimination because that individual is or is thought to be HIV infected. All individuals shall be appropriately served by programs operated or certified by the Office of Mental Health according to the needs of the individual's current psychiatric condition.

(1) All programs operated or certified by the Office of Mental Health shall admit, place, treat and discharge patients in accordance with established clinical criteria and shall not be used to house or quarantine individuals who do not need the psychiatric services provided.

(2) An individual's predominant need for nonpsychiatric medical care, as determined by an appropriately qualified physician, may render the individual inappropriate for care in a psychiatric treatment setting.

(b) Staff members of programs operated or certified by the Office of Mental Health have a duty to provide care to all persons who are appropriate for such programs.

(c) The Office of Mental Health will immediately investigate and take appropriate action with regard to all allegations of discrimination.

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