N.Y. Comp. Codes R. & Regs. tit. 14 § 587.7

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

Section 587.7 - Rights of recipients

(a) Recipients admitted to an outpatient program certified pursuant to this Part are entitled to the rights defined in this subdivision. A provider of service shall be responsible for ensuring the protection of these rights.

(1) Recipients have the right to an individualized plan of treatment services and to participate to the fullest extent consistent with the recipient's capacity in the establishment and revision of that plan.

(2) Recipients have the right to a full explanation of the services provided in accordance with their treatment or psychiatric rehabilitation service plan.

(3) Participation in treatment in an outpatient program is voluntary and recipients are presumed to have the capacity to consent to such treatment. The right to participate voluntarily in and to consent to treatment shall be limited only to the extent that:

(i) section 330.20 of the Criminal Procedure Law and Part 541 of this Title provide for court-ordered receipt of outpatient services;

(ii) article 81 of the Mental Hygiene Law provides for the surrogate consent of a court- appointed guardian for personal needs;

(iii) section 33.21 of the Mental Hygiene Law provides for the surrogate consent of a parent or guardian of a minor;

(iv) a recipient is enrolled in an assisted outpatient treatment program established pursuant to section 9.60 of the Mental Hygiene Law; or

(v) a recipient engages in conduct which poses a risk of physical harm to himself or others.

(4) While a recipient's full participation in treatment is a central goal, a recipient's objection to his or her treatment or psychiatric rehabilitation service plan, or disagreement with any portion thereof, shall not, in and of itself, result in his or her termination from the program unless such objection renders continued participation in the program clinically inappropriate or would endanger the safety of the recipient or others.

(5) The confidentiality of recipients' clinical records shall be maintained in accordance with section 33.13 of the Mental Hygiene Law.

(6) Recipients shall be assured access to their clinical records consistent with section 33.16 of the Mental Hygiene Law.

(7) Recipients have the right to receive clinically appropriate care and treatment that is suited to their needs and skillfully, safely and humanely administered with full respect for their dignity and personal integrity.

(8) Recipients have the right to receive services in such a manner as to assure nondiscrimination.

(9) Recipients have the right to be treated in a way which acknowledges and respects their cultural environment.

(10) Recipients have the right to a maximum amount of privacy consistent with the effective delivery of services.

(11) Recipients have the right to freedom from abuse and mistreatment by employees.

(12) Recipients have the right to be informed of the provider's recipient grievance policies and procedures, and to initiate any question, complaint or objection accordingly.

(b) A provider of service shall provide a notice of recipients' rights as described in subdivision (a) of this section to each recipient upon admission to an outpatient program. Such notice shall be provided in writing and posted in a conspicuous location easily accessible to the public. The notice shall include the address and telephone number of the Commission on Quality of Care and Advocacy for Persons with Disabilities, the nearest regional office of the Protection and Advocacy for Mentally Ill Individuals Program, the nearest chapter of the Alliance on Mental Illness of New York State and the Office of Mental Health.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 587.7

Amended, New York State Register, Volume XXXVI, Issue 22, effective 6/4/2014