Transportation of Female Patients at OPWDD Facilities
NY-ADR
5/1/19 N.Y. St. Reg. PDD-18-19-00002-P
NEW YORK STATE REGISTER
VOLUME XLI, ISSUE 18
May 01, 2019
RULE MAKING ACTIVITIES
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PDD-18-19-00002-P
Transportation of Female Patients at OPWDD Facilities
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to repeal section 17.7 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 13.07, 13.09(b), 13.15(a) and 16.00
Subject:
Transportation of female patients at OPWDD facilities.
Purpose:
Repeal as statutory language has been revised and on longer is reflective in this regulation.
Text of proposed rule:
Existing section 17.7 is REPEALED.
Text of proposed rule and any required statements and analyses may be obtained from:
Mary Beth Babcock, Office for People with Developmental Disabilities, 44 Holland Avenue, 3rd Floor, Albany, NY 12229, (518) 474-7700, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
60 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Consensus Rule Making Determination
OPWDD is repealing Title 14 NYCRR Section 17.7 to coincide with chapter 251 of the laws of 2018. This correction is necessary to comply with state law.
OPWDD has determined that due to the nature and purpose of the amendment, no person is likely to object to the rule as written.
Job Impact Statement
A Job Impact Statement for the repeal of Section 17.7 is not being submitted because it is apparent from the nature and purposes of the amendments that they will not have a substantial adverse impact on jobs and/or employment opportunities.
The regulations repeal Title 14 NYCRR Section 17.7 which requires the treatment team to determine who will accompany a female patient when being transferred to or from a facility. Under chapter 251 of the laws of 2018 any patient may be accompanied by a same sex staff member within staffing limitations when requested. The repeal will not result in costs, including staffing costs, or new compliance requirements for providers and consequently, the repeal will not have a substantial impact on jobs or employment opportunities in New York State. Rather, the repeal will provide fairness, independence, and treat each patient with dignity.
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