Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Applicability.
(1) Except as otherwise
indicated by the specific context, and with the exception of sections
527.4 and
527.6,
this Part shall apply to all psychiatric hospitals operated by the Office of
Mental Health, all residential treatment facilities for children and youth, and
to all psychiatric hospital services required to have an operating certificate
from the Office of Mental Health, and provided further that section
527.8
of this Part shall also apply to all secure treatment facilities operated by
the Office of Mental Health as defined in section 10.03 of the Mental Hygiene Law. Only
section
527.8(c)(5)
of this Part shall apply to regional medical units operated by the Department
of Corrections and Community Supervision at which the Office of Mental Health
provides outpatient psychiatric treatment, and to correctional facilities
operated by the Department of Corrections and Community Supervision at which
the Office of Mental Health operates a residential crisis treatment program,
except that section
527.8(c)(5)
of this Part shall not be applicable under circumstances in which it is
inconsistent with the Correction Law or Department of Corrections and Community
Supervision regulations.
(2)
Section
527.4 of this
Part applies to all facilities which are operated or licensed by the Office of
Mental Health. For family care home, the program sponsor shall be responsible
for ensuring compliance with the regulations.
(3) Section
527.6
of this Part applies to all psychiatric hospitals operated by the Office of
Mental Health, all residential treatment facilities for children and youth, all
community residences, all residential care centers for adults, and all
psychiatric hospital services required to have an operating certificate from
the Office of Mental Health.
(b) The intent of this Part is to define the
rights of patients receiving treatment at psychiatric hospitals and to extend
certain rights provided in section
527.8
of this Part to persons confined or committed to secure treatment facilities
operated by the Office of Mental Health as defined in section 10.03 of the Mental Hygiene Law. Only
section
527.8(c)(5)
of this Part shall apply to the regional medical units operated by the
Department of Corrections and Community Supervision at which the Office of
Mental Health provides outpatient psychiatric treatment, and to correctional
facilities operated by the Department of Corrections and Community Supervision
at which the Office of Mental Health operates a residential crisis treatment
program, except that section
527.8(c)(5)
of this Part shall not be applicable under circumstances in which it is
inconsistent with the Correction Law and Department of Corrections and
Community Supervision regulations.
(c) This Part supersedes inconsistent
provisions of Part 27 of this Title, as applied to services operated or subject
to regulation by the Office of Mental Health. Those provisions of Part 27 which
are not superseded by this Part remain in effect.
