14 CRR-NY 815.5NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 14. DEPARTMENT OF MENTAL HYGIENE
CHAPTER XXI. OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
PART 815. PATIENT RIGHTS
14 CRR-NY 815.5
14 CRR-NY 815.5
815.5 Patient rights.
(a) Each patient has the following rights:
(1) to receive services responsive to individual needs in accord with an individualized treatment/recovery plan, which the patient helps develop and periodically update;
(2) to receive services from provider staff who are competent, respectful of patient dignity and personal integrity, and in sufficient numbers to deliver needed services consistent with the requirements of the provider’s operating certificate;
(3) to receive services in a therapeutic environment that is safe, sanitary, and free from the presence of addictive substances;
(4) to know the name, position, and function of any person providing treatment to the patient, and to communicate with the provider director, medical director, board of directors, other responsible staff or the commissioner;
(5) to receive information concerning treatment, such as diagnosis, condition or prognosis in understandable terms, and to receive services requiring a medical order only after such order is executed by an appropriate medical professional;
(6) to receive information about provider services available on site or through referral, and how to access such services;
(7) to receive a prompt and reasonable response to requests for provider services, or a stated future time to receive such services in accordance with an individual treatment/recovery plan;
(8) to be informed of and to understand the standards that apply to their conduct, to receive timely warnings for conduct that could lead to discharge and to receive incremental interventions for conduct contrary to program rules;
(9) to receive in writing the reasons for a recommendation of discharge and to be informed of the process to appeal such discharge recommendation;
(10) to voice a grievance, file a complaint, or recommend a change in procedure or service to provider staff and/or the office, free from intimidation, reprisal or threat;
(11) to examine, obtain a receipt, and receive an explanation of provider bills, charges, and payments, regardless of payment source;
(12) to receive a copy of the patient's records for a reasonable fee;
(13) to be free from physical, verbal or psychological abuse;
(14) to be treated by provider staff who are free from chemical dependence;
(15) to be free from any staff or patient coercion, undue influence, intimate relationships and personal financial transactions;
(16) to be free from performing labor or personal services solely for provider or staff benefit, that are not consistent with treatment goals, and to receive compensation for any labor or employment services in accordance with applicable State and Federal law; and
(17) the following rights apply to patients who reside in an inpatient/residential setting:
(i) to practice religion in a reasonable manner not inconsistent with treatment plans or goals and/or have access to spiritual counseling if available;
(ii) to communicate with outside persons in accord with the individualized treatment/recovery plan;
(iii) to freely communicate with the office, public officials, clergy and attorneys;
(iv) to receive visitors at reasonable times in relative privacy in accord with the individualized treatment/recovery plan;
(v) to be free from restraint or seclusion;
(vi) to have a reasonable degree of privacy in living quarters and a reasonable amount of safe personal storage space;
(vii) to retain ownership of personal belongings, to the extent such belongings are not contrary to program rules; and
(viii) to have a balanced and nutritious diet.
(18) participants referred to a faith-based provider have the right to be given a referral to a non-faith based provider.
14 CRR-NY 815.5
Current through April 15, 2020
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