New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 527 - Rights Of Patients
Section 527.10 - Visiting at facilities
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 527.10
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Subject to the provisions of section 527.12 of this Part, residents of facilities operated or licensed by the Office of Mental Health have a right to receive visitors at reasonable times, to have privacy when visited, to authorize those family members and other adults who will be given priority to visit, and to communicate freely with persons within or outside the facility.
(b) Visiting rights at facilities.
(1) Recognizing that,
in general, having visitors and visiting outside of the facility is part of the
recovery process which maintains ties with family and the rest of the
community, all facilities shall establish visiting hours and policies which are
designed to facilitate the exercise of the right to receive visitors. Such
policies:
(i) must not be unduly onerous to
residents;
(ii) must be as flexible
as administratively feasible;
(iii)
shall not require prior notification or request by either the resident or the
visitor, except when such visits would interfere with the regularly scheduled
therapeutic activities in which patients are engaged, or as provided in section
527.12 of
this Part;
(iv) should, in order to
preserve the therapeutic environment of the facility, be tailored in a manner
that facilitates visiting while avoiding interference with the regularly
scheduled activities in which residents are engaged, such as school attendance,
program participation, and mealtime, by ensuring that in individual cases where
an accommodation can be made without compromising the clinical care of the
resident or other residents, facilities shall make reasonable efforts to do
so;
(v) shall require the
establishment of regular visiting hours during every day and every evening of
the week, provided, however, that facilities operated by the office shall
establish regular visiting hours based on the facility's security needs and the
needs of the specific population served (i.e., adults, children, or persons
residing in forensic or secure treatment facilities), their families, and the
community, as well as all other requirements of this subdivision; and
(vi) with respect to facilities which serve
minors 18 years of age or under, may require prior authorization of visitors by
the person or entity with legal authority to consent to treatment for such
minor, if in the best clinical interests of the resident.
(2) Each facility shall establish a space
where visitors may meet with residents in comfortable surroundings with a
reasonable degree of privacy. Visitors should be encouraged to visit in the
living, dining, and recreational areas with patients, as well as to visit
outside the facility with the resident.
(3) In exceptional instances, it may be
necessary to restrict a resident's visiting right. Such restriction can only be
imposed in accordance with section
527.12 of
this Part.
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