N.Y. Comp. Codes R. & Regs. Tit. 14 § 526.2 - Legal base

(a) Section 7.07 of the Mental Hygiene Law charges the Office of Mental Health with the responsibility for assuring the development of comprehensive plans, programs, and services in the areas of research, prevention, and care, treatment, rehabilitation, education, and training of persons with mental illness. Such section further charges the office with the responsibility for seeing that persons with mental illness are provided with care and treatment, that such care and treatment is of high quality and effectiveness, and that the personal and civil rights of persons receiving care, treatment and rehabilitation are adequately protected.

(b) Section 7.09 of the Mental Hygiene Law grants the Commissioner of the Office of Mental Health the authority and responsibility to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction and set standards of quality of care.

(c) Section 29.20 of the Mental Hygiene Law requires the Commissioner of the Office of Mental Health to promulgate regulations governing the maximum size of nasogastric feeding tubes for the purpose of protecting patients from undue discomfort.

(d) Section 31.19 of the Mental Hygiene Law provides that no individual who is or appears to be mentally disabled shall be detained, deprived of his/her liberty, or otherwise confined without lawful authority, or inadequately, unskillfully, cruelly, or unsafely cared for or supervised by any person.

(e) Section 33.03 of the Mental Hygiene Law authorizes the Commissioner of the Office of Mental Health to promulgate regulations governing the quality of care and treatment.

(f) Section 33.04 of the Mental Hygiene Law establishes requirements for the application of restraint in facilities under the jurisdiction of the Office of Mental Health.

(g) 42 CFR section 482.13(e) and (f) establish standards governing the use of restraint and seclusion in hospitals as a term and condition of participation in the Federal Medicaid program.

(h) 42 CFR sections 483.356, 483.358, 483.360, 483.362, 483.364, 483.366, 483.368, 483.370, 483.372, 483.374 and 483.376 establish standards governing the use of restraint and seclusion in psychiatric residential treatment facilities providing inpatient psychiatric services for individuals under age 21 as a term and condition of participation in the Federal Medicaid program.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 14 § 526.2

Amended, New York State Register, Volume XXXVI, Issue 22, effective 6/4/2014