12/3/08 N.Y. St. Reg. MRD-39-08-00003-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 633.4 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 13.07, 13.09(b) and 16.00
Subject:
Rights and Responsibilities of Persons Receiving Services.
Purpose:
To amend the current language in the regulation regarding the right to a balanced diet.
Text or summary was published
in the September 24, 2008 issue of the Register, I.D. No. MRD-39-08-00003-P.
Text of final rule:
• Paragraph 633.4(a)(3) is amended as follows:
(3) The rights set forth in this section are intended to establish the living and/or program environment that protects individuals and contributes to providing an environment in keeping with the community at large, to the extent possible, given the degree of the disabilities of those individuals. Rights that are self-initiated or involve privacy or sexuality issues may need to be adapted to meet the need of certain persons with the most severe handicaps and/or persons whose need for protection, safety and health care will justify such adaptation. It is the responsibility of the agency/facility or the sponsoring agency to ensure that rights are not arbitrarily denied. [ Limitations of client rights ] Rights limitations must be documented and must be on an individual basis, for a specific period of time, and for clinical purposes only.
• Subparagraph 633.4(a)(4)(xvii) is amended as follows:
(xvii) a balanced and nutritious diet[, served at appropriate times and in as normal a manner as possible, and which is not altered or totally denied for behavior management or disciplinary (punishment) purposes;] . This right shall provide that:
(a) meals are served at appropriate times and in as normal a manner as possible; and
(b) altering the composition or timing of regularly served meals for disciplinary or punishment purposes, for the convenience of staff, or for behavior modification shall be prohibited;
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 633.4(a)(4)(xvii)(b).
Text of rule and any required statements and analyses may be obtained from:
Barbara Brundage, Director, Regulatory Affairs Unit, OMRDD, 44 Holland Avenue, Albany, New York, (518) 474-1830, email:
barbara.brundage@omr.state.ny.usAdditional matter required by statute:
Pursuant to the requirements of SEQRA and 14 NYCRR Part 602, OMRDD has filed a Negative Declaration with respect to this Action. OMRDD has determined that the action described herein will have no effect on the environment, and an E.I.S. is not needed.
Revised Job Impact Statement
The non-substantive change made to the text was simply a punctuation change and makes no substantive difference to the text whatsoever and therefore does not necessitate a revision to the previously published JIS.
Assessment of Public Comment
The agency received no public comment.
