14 CRR-NY 815.10NY-CRR

STATE 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 815.10
14 CRR-NY 815.10
815.10 Patient screening.
(a) The purpose of screening is to ensure a safe and therapeutic environment for all patients. However, patients shall be free from screening except as authorized pursuant to this section.
(b) Subject to the following requirements, a provider may choose to screen patients by establishing written policies and procedures provided to each patient at admission. Such policies may include the following:
(1) Routine screens of patients at admission or when returning to the service are permitted. Routine screening does not involve any physical contact between patient and staff; consent for routine screening may be requested by a program and granted upon admission.
(2) Screens of a patient's room or a patient's belongings may be conducted at any time with reasonable cause; consent for room screening may be requested by a program and granted upon admission.
(c) Under extenuating circumstances, a provider may elect to conduct a body cavity search of a patient. Such a search must be:
(1) based upon a good faith suspicion that the patient is harboring contraband;
(2) authorized by the program director;
(3) at the consent of the patient; and
(4) conducted only by a member of the provider's medical staff. If the provider does not employ medical staff, the provider must utilize a physician, nurse practitioner, registered physician's assistant, registered nurse, or licensed practical nurse to conduct the search.
(d) Any body-cavity search must be reported as a significant incident consistent with the requirements of Part 836 of this Title.
(e) If a patient refuses to consent to a proper request to conduct a screen or body cavity search he or she may be discharged in accordance with this Part.
(f) All contraband must be disposed of in accordance with the applicable law including but not limited to 10 NYCRR section 80.51, and 21 CFR part 1307.21.
14 CRR-NY 815.10
Current through May 31, 2021
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.