New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 815 - Patient Rights
Section 815.10 - Patient screening

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 815.10

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The purpose of screening is to ensure a safe and therapeutic environment for all patients. However, patients shall be free from screening except as authorized pursuant to this section.

(b) Subject to the following requirements, a provider may choose to screen patients by establishing written policies and procedures provided to each patient at admission. Such policies may include the following:

(1) Routine screens of patients at admission or when returning to the service are permitted. Routine screening does not involve any physical contact between patient and staff; it does not involve having the patient remove all clothing; and the patient must consent to routine screening by the program.

(2) Screening of a patient's room or a patient's belongings may be conducted at any time with reasonable cause; consent for room screening may be requested by a program and granted upon admission.

(c) When a provider suspects that a patient may have items that may create an unsafe environment in the program, in lieu of a search that requires the patient to remove all clothing, or a body cavity search which is not permissible under any circumstances, providers should arrange for and develop alternative policies in accordance with guidance issued by the Office.

(d) If a patient refuses to consent to program identified alternatives to a body cavity search, they may be discharged in accordance with this Part.

(e) All items that may create an unsafe environment in the program must be disposed of in accordance with the applicable law including but not limited to 10 NYCRR Part 80.51, and 21 CFR Part 1307.21.

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