N.Y. Comp. Codes R. & Regs. tit. 14 § 527.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 527.1 - Background and intent

(a) Applicability.

(1) Except as otherwise indicated by the specific context, and with the exception of sections 527.4 and 527.6, this Part shall apply to all psychiatric hospitals operated by the Office of Mental Health, all residential treatment facilities for children and youth, and to all psychiatric hospital services required to have an operating certificate from the Office of Mental Health, and provided further that section 527.8 of this Part shall also apply to all secure treatment facilities operated by the Office of Mental Health as defined in section 10.03 of the Mental Hygiene Law. Only section 527.8(c)(5) of this Part shall apply to regional medical units operated by the Department of Corrections and Community Supervision at which the Office of Mental Health provides outpatient psychiatric treatment, and to correctional facilities operated by the Department of Corrections and Community Supervision at which the Office of Mental Health operates a residential crisis treatment program, except that section 527.8(c)(5) of this Part shall not be applicable under circumstances in which it is inconsistent with the Correction Law or Department of Corrections and Community Supervision regulations.

(2) Section 527.4 of this Part applies to all facilities which are operated or licensed by the Office of Mental Health. For family care home, the program sponsor shall be responsible for ensuring compliance with the regulations.

(3) Section 527.6 of this Part applies to all psychiatric hospitals operated by the Office of Mental Health, all residential treatment facilities for children and youth, all community residences, all residential care centers for adults, and all psychiatric hospital services required to have an operating certificate from the Office of Mental Health.

(b) The intent of this Part is to define the rights of patients receiving treatment at psychiatric hospitals and to extend certain rights provided in section 527.8 of this Part to persons confined or committed to secure treatment facilities operated by the Office of Mental Health as defined in section 10.03 of the Mental Hygiene Law. Only section 527.8(c)(5) of this Part shall apply to the regional medical units operated by the Department of Corrections and Community Supervision at which the Office of Mental Health provides outpatient psychiatric treatment, and to correctional facilities operated by the Department of Corrections and Community Supervision at which the Office of Mental Health operates a residential crisis treatment program, except that section 527.8(c)(5) of this Part shall not be applicable under circumstances in which it is inconsistent with the Correction Law and Department of Corrections and Community Supervision regulations.

(c) This Part supersedes inconsistent provisions of Part 27 of this Title, as applied to services operated or subject to regulation by the Office of Mental Health. Those provisions of Part 27 which are not superseded by this Part remain in effect.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 527.1