New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 527 - Rights Of Patients
Section 527.12 - Restriction of rights

(a) A right set forth in article 33 of the Mental Hygiene Law and this Part may be restricted within the resident's treatment plan by a written order signed by a physician stating the clinical justification for the restriction. The order imposing the restriction and a notation detailing the clinical justification therefor and the specific period of time in which the restriction shall be in effect must be entered into the resident's record. In no event may any right set forth in this section be restricted or limited as a punishment or for the convenience of staff.

(b) Any restriction on a right identified in this section shall be the least restrictive appropriate method for protecting the interest or interests involved.

(c) The treatment team or its designee shall discuss any restrictions of a right set forth in this section and the reason for such decision with the resident, and his or her family (if the resident does not object), and/or other authorized representative of the resident, and shall advise such persons of the resident's right to appeal this decision to the director of the facility. A notation that such persons were advised of the restriction, and the resident's right to appeal the decision, must be entered in the resident's record.

(d) In cases where a restriction is placed on incoming and/or outgoing mail in accordance with section 527.11(c)(2) of this Part, such mail may be withheld from the resident during the time the restriction is in place, or may be opened by a member of the treatment team in the presence of the resident. In no case may a staff member other than a member of the treatment team open such packages or letters, unless there exists an overriding compelling safety or security concern. In such cases, the reason why a treatment team member did not open a package or document, and a description of how the matter was handled (e.g., in consultation with the United States Postal Service, or other appropriate security intervention) must be appropriately documented in accordance with facility procedure.

(e) Appeals. Residents whose rights have been restricted in accordance with this section shall be notified of their right to appeal such decision in accordance with section 27.8 of this Title.