§ 33.01 Protection of patients’ rights. Notwithstanding any other provision of law, no person shall be deprived of any civil right, if in all other respects qualified and eligible, solely by reason of receipt of services for a mental disability nor shall the receipt of such services modify or vary any civil right of any […]
§ 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 […]
§ 33.03 Quality of care and treatment. (a) Each patient in a facility and each person receiving services for mental disability shall receive care and treatment that is suited to his needs and skillfully, safely, and humanely administered with full respect for his dignity and personal integrity. (b) Subject to regulations of the commissioner, the […]
§ 33.04 Restraint of patients. (a) As used in this section, “restraint” means the use of an apparatus on a patient which prevents the free movement of both arms or both legs or which totally immobilizes such patient, and which the patient is unable to remove easily. (b) Restraint shall be employed only when necessary […]
§ 33.05 Communications and visits. (a) Each patient in a facility shall have the right to communicate freely and privately with persons outside the facility as frequently as he wishes, subject to regulations of the commissioner designed to assure the safety and welfare of patients and to avoid serious harassment to others. Correspondence addressed to […]
§ 33.06 Reports of abuse, neglect, and significant incidents. The executive director of the justice center for the protection of people with special needs, in consultation with the commissioner of the office of mental health, the commissioner of the office of alcoholism and substance abuse services and the commissioner of the office for people with […]
§ 33.07 * Care and custody of the personal property of persons receiving services. * NB Effective until June 30, 2024 * Care and custody of the personal property of patients. * NB Effective June 30, 2024 (a) A patient’s right to retain his personal belongings upon admission to a facility shall be respected. The […]
§ 33.08 Personal needs allowance for residents of state psychiatric centers and state operated alcoholism facilities. (a) For the purposes of this section: 1. “countable resources” shall mean cash or other liquid assets or any real or personal property that an individual or couple owns and could convert to cash to be used for his […]
§ 33.09 Employment of patients. (a) The department shall encourage employment of patients as part of therapeutic, community care, or release programs and shall promote training of patients for gainful employment. The commissioner shall adopt regulations to further the purposes of this section. (b) A patient employed by a facility shall receive compensation for his […]
§ 33.11 Education for children with mental disabilities. The office of mental health and the office for people with developmental disabilities shall provide the same education for patients in office of mental health hospitals and residents in office for people with developmental disabilities schools who are between the ages of five and twenty-one which they […]
§ 33.12 Hearing evaluation. The office for people with developmental disabilities shall provide suitable hearing evaluations periodically for the residents in state schools. Upon the ascertainment that any resident so evaluated is deaf or hard of hearing, it shall be the duty of the office to provide suitable remedial efforts, to include, but not be […]
§ 33.13 Clinical records; confidentiality. (a) A clinical record for each patient or client shall be maintained at each facility licensed or operated by the office of mental health or the office for people with developmental disabilities, hereinafter referred to as the offices. For the purposes of this section, the term “facility” shall mean “facility” […]
§ 33.14 Sealing of records pertaining to treatment for mental illness. (a) (1) Any person who has been admitted to receive inpatient or outpatient services for mental illness may commence a special proceeding in the supreme court for an order directing the sealing of those records held by the office of mental health, a facility, […]
§ 33.15 Habeas corpus. (a) A person retained by a facility or the department or a relative or friend on his behalf is entitled to a writ of habeas corpus to question the cause and legality of detention upon proper application. (b) Upon the return of such a writ of habeas corpus, the court shall […]
§ 33.16 Access to clinical records. (a) Definitions. For the purposes of this section: 1. “Clinical record” means any information concerning or relating to the examination or treatment of an identifiable patient or client maintained or possessed by a facility which has treated or is treating such patient or client, except data disclosed to a […]
§ 33.17 Transportation of individuals. Within staffing limitations and upon request, an individual who is being transported to or from a facility may be accompanied by same gender staff.
§ 33.21 Consent for mental health treatment of minors. (a) For the purposes of this section: (1) “minor” shall mean a person under eighteen years of age, but shall not include a person who is the parent of a child, emancipated, has married or is on voluntary status on his or her own application pursuant […]
§ 33.23 Incident notifications and reports. (a) The director of a facility, as defined in subdivision six of section 1.03 of this chapter, shall provide telephone notice of an incident involving a patient receiving care and treatment at such facility to a qualified person, as defined in paragraph six of subdivision (a) of section 33.16 […]
§ 33.25 Release of records pertaining to allegations and investigations of abuse and mistreatment. (a) Records and documents pertaining to allegations and investigations into reportable incidents at a facility, as defined in subdivision six of section 1.03 of this chapter, including but not limited to all complaints and reports made pursuant to article eleven of […]
§ 33.27 Independent substance use disorder and mental health ombudsman. (a) There is hereby established the office of the independent substance use disorder and mental health ombudsman program that will be operated or selected by the office of addiction services and supports, in consultation with the office of mental health for the purpose of assisting […]
