New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 633 - Protection of Individuals Receiving Services in Facilities and Services Operated and/or Certified by OPWDD
Section 633.7 - Conduct of employees, volunteers, family care providers and custodians
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 633.7
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Principles of compliance.
(1)
Every agency/facility or sponsoring agency shall have policies/procedures that
address the conduct of employees, volunteers and family care providers while
functioning in a work- related capacity.
(2) At a minimum, employees, volunteers and
family care providers shall be advised of the following:
(i) Employees and volunteers shall not
distribute, sell, possess, purchase or consume illegal substances or alcohol
while at the workplace or while performing in a work-related capacity. However,
the consumption of alcohol on special occasions shall be permitted with the
prior written permission of the program administrator. Family care providers
shall not distribute, sell, possess, purchase or use illegal
substances.
(ii) Employees and
volunteers shall not come to work, or work, if their ability to perform their
job is impaired due to the use of alcohol, a controlled substance, an illegal
substance or a prescribed medication. Family care providers shall make
alternative care arrangements.
(iii) Individuals receiving services at the
facility shall not carry out the duties of employees, unless such tasks are
described in his or her plan of services by the program planning team for the
purpose of increasing the person's skills.
(iv) Individuals receiving services at the
facility shall not be subject to inappropriate exposure to firearms or other
weapons in or on the grounds of a facility. There shall be policies/procedures
governing the presence and safekeeping of firearms or other weapons in the
facility or on the grounds. Nothing in this subdivision shall preclude a person
from pursuing the opportunity to receive certification of successful completion
of a hunter safety course for a specified firearm or weapon, and the subsequent
appropriate use of such firearm or other weapon.
(v) There shall be no personal financial
transactions between employees, volunteers or family care providers and persons
receiving services which may be construed as exploitation of that person or
result in greater benefit to the employee, volunteer or family care provider
than to the person.
(vi) Employees,
volunteers and family care providers shall treat all client information about
the person being served as confidential and utilize such information in a
professional manner at all times. To the extent employees, volunteers or family
care providers obtain HIV-related information concerning a person, such
information shall be maintained in confidence as required by 10 NYCRR Part 63
and the provisions of section
633.19
of this Part.
(3) The
agency/facility or sponsoring agency shall take appropriate action in the event
that misconduct occurs relative to paragraph (2) of this subdivision.
(b) Standards of certification.
(1) There are written
policies/procedures addressing the conduct of employees and
volunteers.
(2) OPWDD shall verify
that employees and volunteers have been advised of conduct requirements while
functioning in a work-related capacity.
(3) There is documentation that family care
providers have been advised of conduct expectations in writing by the
sponsoring agency.
(c) Requirements concerning the code of conduct adopted by the Justice Center for People with Special Needs (Justice Center).
(1) Applicability. The requirements of this
subdivision are applicable to facilities and programs certified or operated by
OPWDD.
(i) The agency operating the facility
or program is responsible for assuring compliance with the requirements of this
subdivision.
(ii) The sponsoring
agency is responsible for compliance concerning family care homes.
(2) Pursuant to section 554 of
the Executive Law, the Justice Center shall adopt a code of conduct for
custodians with regular and direct contact with individuals receiving services
from such facilities or programs. Such code of conduct governs the conduct of
such custodians with respect to the safety, dignity and welfare of vulnerable
persons to whom they provide care.
(3) For the purposes of this section only,
the definition of custodian is: A party that meets one of the
following criteria:
(i) a director, operator,
employee or volunteer of a facility or program which is certified or operated
by OPWDD; or
(ii) a consultant or
an employee or volunteer of a corporation, partnership, organization or
governmental entity which provides goods or services to such facility or
program pursuant to contract or other arrangement that permits such party to
have regular and substantial contact with individuals receiving services from
the facility or program; or
(iii) a
family care provider; or
(iv) a
family care respite/substitute provider.
(4) New custodians of the facility or program
with regular and direct contact must read and sign the code of conduct at the
time of employment or affiliation.
(5) All custodians with regular and direct
contact must read and sign the code of conduct adopted by the Justice Center on
at least an annual basis.
(6) Note
that the Justice Center may amend the code of conduct as appropriate.
(7) Pursuant to section 554 of
the Executive Law, the Justice Center shall establish a process which provides
for the enforcement of the code of conduct consistent with appropriate
collective bargaining agreements. The agency or sponsoring agency shall enforce
the code of conduct in accordance with the process established by the Justice
Center.
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