Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Recipients admitted to an outpatient program certified pursuant to this Part
are entitled to the rights defined in this subdivision. A provider of service
shall be responsible for ensuring the protection of these rights.
(1) Recipients have the right to an
individualized plan of treatment services and to participate to the fullest
extent consistent with the recipient's capacity in the establishment and
revision of that plan.
(2)
Recipients have the right to a full explanation of the services provided in
accordance with their treatment or psychiatric rehabilitation service
plan.
(3) Participation in
treatment in an outpatient program is voluntary and recipients are presumed to
have the capacity to consent to such treatment. The right to participate
voluntarily in and to consent to treatment shall be limited only to the extent
that:
(i) section 330.20 of the Criminal Procedure Law and
Part 541 of this Title provide for court-ordered receipt of outpatient
services;
(ii) article 81 of the
Mental Hygiene Law provides for the surrogate consent of a court- appointed
guardian for personal needs;
(iii)
section 33.21 of the Mental Hygiene Law provides
for the surrogate consent of a parent or guardian of a minor;
(iv) a recipient is enrolled in an assisted
outpatient treatment program established pursuant to section 9.60 of the Mental Hygiene Law;
or
(v) a recipient engages in
conduct which poses a risk of physical harm to himself or others.
(4) While a recipient's full
participation in treatment is a central goal, a recipient's objection to his or
her treatment or psychiatric rehabilitation service plan, or disagreement with
any portion thereof, shall not, in and of itself, result in his or her
termination from the program unless such objection renders continued
participation in the program clinically inappropriate or would endanger the
safety of the recipient or others.
(5) The confidentiality of recipients'
clinical records shall be maintained in accordance with section 33.13 of the Mental Hygiene Law.
(6) Recipients shall be assured access to
their clinical records consistent with section 33.16 of the Mental Hygiene Law.
(7) Recipients have the right to receive
clinically appropriate care and treatment that is suited to their needs and
skillfully, safely and humanely administered with full respect for their
dignity and personal integrity.
(8)
Recipients have the right to receive services in such a manner as to assure
nondiscrimination.
(9) Recipients
have the right to be treated in a way which acknowledges and respects their
cultural environment.
(10)
Recipients have the right to a maximum amount of privacy consistent with the
effective delivery of services.
(11) Recipients have the right to freedom
from abuse and mistreatment by employees.
(12) Recipients have the right to be informed
of the provider's recipient grievance policies and procedures, and to initiate
any question, complaint or objection accordingly.
(b) A provider of service shall provide a
notice of recipients' rights as described in subdivision (a) of this section to
each recipient upon admission to an outpatient program. Such notice shall be
provided in writing and posted in a conspicuous location easily accessible to
the public. The notice shall include the address and telephone number of the
Commission on Quality of Care and Advocacy for Persons with Disabilities, the
nearest regional office of the Protection and Advocacy for Mentally Ill
Individuals Program, the nearest chapter of the Alliance on Mental Illness of
New York State and the Office of Mental Health.
