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 815.9 - Patient use of prescription medicine

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 815.9

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

(a) Patients have the right to use lawfully prescribed and properly monitored medication, including controlled substances, from a duly-authorized medical practitioner(s). For all such patients:

(1) The provider shall document the medication name, purpose, and administration frequency as well as the prescribing practitioner's name, phone number and, if applicable, affiliation;

(2) The provider shall seek to obtain a proper consent from the patient, in accord with 42 CFR Part 2, so that the provider practitioner may consult with the prescribing practitioner and discuss:
(i) the patient's medical condition(s);

(ii) the prescribed medication(s), and available alternatives;

(iii) the best plan of services to be rendered by each practitioner, given the patient's concurrent treatment.

(3) If the patient refuses to consent or if the practitioners cannot agree on concurrent treatment, the provider practitioner shall discuss with the patient the possible risks of continued concurrent treatment. If refusal to consent continues or if the patient opts to continue taking the prescribed medicine in light of the explained possible risks, the provider may consider a recommendation for referral and connection to a more appropriate program.

(b) Inpatient and residential providers shall develop policies and procedures governing the handling and storage of patients' medications, including controlled substances, in accordance with applicable law, regulations and guidance issued by the Office. For such providers to take custody of such medicines lawfully, the provider must register with the New York State Department of Health as an Institutional Dispenser in accordance with the requirements of 10 NYCRR Part 80 and follow all applicable rules relating to storage of such medication.

(c) The provider shall not offer or withhold medical or pharmacological services, including prescribed medicines, for any reason other than medical necessity. The provider shall not delay, postpone, or withhold any prescribed medicine for a patient's non-adherence with a program rule, policy, or procedure. Only duly-authorized medical staff may deliver medical services and/or administer prescribed medicines.

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.
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