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 633.8 - Training of employees, volunteers, family care providers and persons receiving services with regard to their safety and the prevention of abuse to those persons
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 633.8
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Principles of compliance.
(1) It
is the responsibility of the agency or the sponsoring agency to heighten the
awareness of its employees, volunteers, and family care providers to those
factors which affect and/or contribute to situations that can be potentially
abusive or harmful. To this end, there shall be training (see section
633.99 of
this Part) of employees, volunteers and family care providers to meet the needs
of staff, volunteers and persons who receives services in the following topics:
(i) principles of human growth and
development;
(ii) characteristics
of the persons served;
(iii)
promoting positive relationships;
(iv) abuse prevention, identification,
reporting, and processing of allegations of abuse;
(v) laws, regulations and policies/procedures
governing protection from abuse;
(vi) incident and abuse reporting and
processing;
(vii) the agency's
safety and security procedures (including fire safety);
(viii) the prevention of circumstances that
would result in exposure to body substances which could put persons or others
at significant risk (see glossary) for HIV infection (see glossary);
(ix) the program for managing anyone exposed
to significant risk body substances during circumstances which meet the
criteria for significant risk contact; and
(x) other appropriate topics relative to
safety and welfare, especially those that may be related to the functions of
the employee, volunteer or family care provider.
(2) Individuals receiving services shall be
provided training in techniques and procedures to protect themselves from abuse
and other events and circumstances that constitute reportable incidents as
defined in Part 624 of this Title.
(i)
Training is only required for individuals who have been identified by their
program planning team as being capable of benefiting from such
training.
(ii) Training shall be
provided to the extent possible consistent with an individual's disabilities,
age, needs, and circumstances.
(3) The agency or sponsoring agency shall
monitor the need for and supervise the provision of such training specified in
paragraphs (1)-(2) of this subdivision.
(4) All reasonable and necessary actions
shall be taken to ensure that employees, volunteers and family care providers
are kept apprised on a current basis of all applicable policies and procedures
relating to the protection of individuals receiving services from
abuse.
(b) Standards of certification.
(1)
OPWDD shall verify that employees, volunteers, and family care providers have
received or will receive training within three months of initial employment,
commencing volunteer activities, or initial certification as a family care
provider. The training shall be on:
(i)
principles of human growth and development;
(ii) characteristics of the persons
served;
(iii) promoting positive
relationships;
(iv) abuse
prevention, identification, reporting, and processing of allegations of
abuse;
(v) laws, regulations and
policies/procedures governing protection from abuse;
(vi) incident reporting and
processing;
(vii) the agency's
safety and security procedures (including fire safety); and
(viii) other appropriate topics relative to
the safety and welfare as may have been specified by the agency.
(2) Employees, volunteers and
family care providers shall receive training in the following areas on at least
an annual basis:
(i) promoting positive
relationships;
(ii) abuse
prevention, identification, reporting, and processing of allegations of
abuse;
(iii) laws, regulations and
policies/procedures governing protection from abuse;
(iv) incident reporting and processing;
and
(v) the agency's safety and
security procedures (including fire safety).
(3) There is a mechanism for monitoring the
type, frequency and amount of training employees, volunteers or family care
providers need and received, and that:
(i) the
records are current; and
(ii)
employees, volunteers or family care providers, through interview, concur that
they have received the specified training.
(4) OPWDD shall verify that persons
identified by their program planning team as being capable of benefiting from
training in techniques/procedures which will enable them to protect themselves
from abuse, have received such training.
(5) Effective November 1, 2011, members of
boards of directors of certain not-for-profit corporations shall receive a
one-time training within three months of the date the party becomes a board
member.
(i) This requirement applies only to
not-for-profit corporations which operate certified facilities and/or provide
home and community based waiver services and/or provide Medicaid service
coordination.
(ii) Training of
board members is required in the following topics:
(a) abuse prevention, identification,
reporting, and processing of allegations of abuse;
(b) laws, regulations and policies/procedures
governing protection from abuse; and
(c) incident reporting and
processing.
(iii) All
parties serving on boards of directors on November 1, 2011 shall receive the
specified training by February 1, 2012 (if the party remains on the board of
directors on February 1, 2012).
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
