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

(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.

(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.

(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.