N.Y. Mental Hygiene Law § 33.02: Notice of rights of individuals with mental disabilities

§ 33.02 Notice of rights of individuals with mental disabilities.

(a) In order to ensure that residents of facilities or programs

operated or licensed by the office of mental health and facilities or

programs operated or certified by the office for people with

developmental disabilities are treated consistently with the laws and

regulations assuring quality care, the commissioner of the office of

mental health and the commissioner of the office for people with

developmental disabilities shall promulgate regulations informing

residents of their rights under law. Such regulations shall include, but

not be limited to, informing residents that they have the right to:

1. a safe and sanitary environment;

2. a balanced and nutritious diet;

3. appropriate personal clothing for residents of hospitals and

developmental centers;

4. practice religion;

5. freedom from abuse and mistreatment by employees or other residents

of the facility;

6. adequate grooming and personal hygiene supplies for residents of

hospitals and developmental centers;

7. a reasonable amount of safe storage space for clothing and other

personal property;

8. a reasonable degree of privacy in sleeping, bathing and toileting

areas;

9. receive visitors at reasonable times, to have privacy when visited,

and to communicate freely with persons within or outside the facility;

10. appropriate medical and dental care for residents of hospitals and

developmental centers;

11. an individualized plan of treatment or services and to participate

in the development of that plan including the opportunity for a patient

sixteen years of age or older to request a significant individual to

himself or herself including any relative, close friend or individual

otherwise concerned with such person's welfare to participate in the

development of such plan, except that at comprehensive psychiatric

emergency programs such plan shall be in accordance with the

commissioner's regulations and the opportunity for participation by a

significant individual shall be provided where practicable. For the

purposes of this paragraph, a written treatment plan may include the

program narrative for clients served by an integrated community

certified by the office for people with developmental disabilities;

12. bring any questions or complaints, including complaints regarding

any orders limiting such residents' rights, to the facility director,

the mental hygiene legal service, the board of visitors if applicable,

and the commission on quality of care for the mentally disabled; and

13. authorize those family members and other adults who will be given

priority to visit consistent with the patient's ability to receive

visitors.

(b) The foregoing rights may not be limited as a punishment or for the

convenience of staff. Any limitation on the rights enumerated shall be

permitted for an individual resident of a hospital operated or licensed

by the office of mental health or developmental center operated by the

office for people with developmental disabilities only upon written

order of a physician in the resident's clinical record stating the

clinical justification for such limitation and the specific period of

time such limitation shall remain in effect. Any limitation on the

rights enumerated shall be permitted for an individual resident of any

other residential facility or program operated or licensed by the office

of mental health or operated or certified by the office for people with

developmental disabilities only upon written order by the director or

chief executive officer of such facility or program upon receipt of a

recommendation by the treating practitioner as defined by paragraph

seven of subdivision (a) of section 33.16 of this article with such

order to be placed in the resident's clinical record stating the

clinical justification for such limitation and the specific period of

time such limitation shall remain in effect.

(c) The commissioners and the facility director shall ensure that a

notice of the rights included in regulations promulgated pursuant to

this section is posted in each ward or living area of every hospital

operated or licensed by the office of mental health and every

developmental center operated by the office for people with

developmental disabilities, and that such notice is provided to every

individual resident of any other residential facility or program

operated or licensed by the respective offices upon admission to such

facility or program, upon limitation on any right, or at the

individual's request. The notice shall include the address and telephone

numbers of the office of the facility director or such person's designee

responsible for receiving questions or complaints, the board of visitors

if applicable, the mental hygiene legal service, the vulnerable persons'

central register and the justice center for the protection of people

with special needs.