Current through Register Vol. 46, No. 45, November 2, 2024
(a) Safety. (1) All facilities shall be safe and suitable for the comfort and care of the patient. Facilities shall be maintained in a state of good repair and sanitation.(i) A facility maintenance plan, including provision for routine inspections of the physical plant, shall be developed, maintained, and shall be immediately available for office review upon request.(ii) A process must be established and implemented at all facilities by which staff can notify the administration of any unsafe conditions. Facility staff must routinely be made aware of such process.(2) Patient areas for children, including bedroom space, must be separate and distinct from patient areas for adults.(b) Code compliance. Facilities shall be and remain in compliance with applicable State and local building codes and regulations.(1) Prior to construction or renovation of a facility, a building permit from the applicable local authority must be obtained, and proof of same must be made available to the office upon request.(2) A current and effective copy of a Certificate of Occupancy at a facility must be maintained at each facility location.(c) Construction standards. (1) Facilities shall be and remain in compliance with the provisions of the appropriate section(s) of the current recognized edition of the National Fire Prevention Association-101 Life Safety Code (LSC).(2) Facilities shall be and remain in compliance with applicable sections of the current recognized edition of the Guidelines for Design and Construction of Health Care Facilities published by the American Institute of Architects (AIA).(3) Facilities shall be and remain in compliance with applicable sections of the Americans with Disabilities Act of 1990 (ADA) and implementing regulations ( 28 CFR Parts 35 and 36).(d) Provisions for unplanned events. (1) Facility administration must evaluate the potential for specific unplanned events including but not limited to: power outages, heat loss, water shortages, extreme temperatures, floods, earthquakes, winds, fires and explosions.(2) Facilities shall have policies and procedures in place which establish a reaction plan with respect to management of the facility in the event of unplanned events and potential disasters. (i) Such policies and procedures shall include provisions designed to ensure staff are made aware of, and are familiar with, the reaction plan.(ii) The reaction plan shall be periodically reviewed and updated as needed.(e) Electroconvulsive therapy (ECT). (1) Facilities administering ECT must have a treatment room and recovery space that is specifically dedicated for this service and which meets applicable Federal and State safety and health standards and applicable standards of practice.(2) Facilities administering ECT shall remain current with standards of practice supported by the American Psychiatric Association related to treatment and administration of this service consistent with such standards.N.Y. Comp. Codes R. & Regs. Tit. 14 § 580.8