New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 517 - Transfer Or Referral Of Patients For Admission To Psychiatric Hospitals
Section 517.3 - Terms and definitions

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 517.3

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

(a) Clinical director means the person in charge of clinical services at the hospital where the patient is receiving care and treatment.

(b) Commissioner means the Commissioner of Mental Health.

(c) Director means the person in charge of a hospital, whether known or referred to as director, superintendent or otherwise.

(d) Guardian means a guardian, trustee, legal committee, conservator or other person who is charged by law with power to act for or responsibility for a person afflicted with mental illness.

(e) Hospital or psychiatric hospital means a hospital as defined in section 1.03 of the Mental Hygiene Law.

(f) Informal patient, voluntary patient, involuntary patient and emergency patient mean a patient on informal, voluntary, involuntary or emergency admission status, respectively, pursuant to article 9 of the Mental Hygiene Law.

(g) Is likely to result in immediate serious physical harm to self or others means:

(1) poses a substantial risk of immediate physical harm to self as manifested by present threats of or attempts at suicide or serious bodily harm demonstrating that the patient is dangerous to self; or

(2) poses a substantial risk of immediate physical harm to other persons as manifested by present homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm.

(h) Major renovation means rebuilding or repairing which will result in closure for six months or longer of a significant portion of one or more buildings of a psychiatric hospital and a concurrent significant reduction in bed capacity, for the purpose of:

(1) complying with the requirements of the Life Safety Code of the National Fire Protection Association;

(2) meeting or maintaining standards of eligibility for participation as a provider of inpatient psychiatric services under the Medicare or the Medicaid assistance programs, including meeting or maintaining standards of accreditation by the Joint Commission on Accreditation of Hospitals; or

(3) making significant improvement in patient care and treatment.

(i) Mental illness means an affliction with a mental disease or mental condition which is manifested by a disorder or a disturbance in behavior, feeling, thinking or judgment to such an extent that the person afflicted requires care and treatment.

(j) MHLS means the Mental Hygiene Legal Service.

(k) OMH means the Office of Mental Health.

(l) Patient means a person, other than someone committed pursuant to the Criminal Procedure Law or Correction Law, who is receiving services for the mentally ill at a psychiatric hospital.

(m) Receiving hospital means the hospital to which a patient is to be or has been transferred.

(n) Referring entity means a facility, agency or program which is referring a patient for admission to a State-operated psychiatric center. The referring entity may or may not be certified by the Office of Mental Health, but may not be operated by the Office of Mental Health.

(o) [Reserved]

(p) Sending hospital means the hospital from which a patient is to be or has been transferred.

(q) Significant other means a relative, close friend, associate or individual otherwise concerned with the welfare of a person afflicted with mental illness when that individual is directly affected by the person's mental illness.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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