CMC-11-13-00005-P Department of Corrections and Community Supervision

3/13/13 N.Y. St. Reg. CMC-11-13-00005-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 11

March 13, 2013

RULE MAKING ACTIVITIES

STATE COMMISSION OF CORRECTION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. CMC-11-13-00005-P

Department of Corrections and Community Supervision

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 amend sections 7013.8, 7064.8, 7300.2, 7300.4, 7414.6, 7600.1, 7601.1 and 7651.3 of Title 9 NYCRR.

Statutory authority:

Correction Law, section 45(6) and (15)

Subject:

Department of Corrections and Community Supervision.

Purpose:

To amend references of the Department of Correctional Services to the Department of Corrections and Community Supervision.

Text of proposed rule:

Subparagraph (i) of paragraph (3) of subdivision (e) of section 7013.8 of Title 9 is amended to read as follows:

(i) the Department of [Correctional Services] Corrections and Community Supervision; or

Paragraphs (4) and (15) of subdivision (a) of section 7064.8 of Title 9 are amended to read as follows:

(4) a health care provider or health facility, including a health care provider employed or health facility operated by the Department of [Correctional Services] Corrections and Community Supervision, when knowledge of the HIV-related information is necessary to provide appropriate care or treatment to the protected individual or a child of the individual;

(15) an employee or agent of a provider of health or social services, including but not limited to the Department of [Correctional Services] Corrections and Community Supervision and local correctional facilities, when reasonably necessary to provide supervision, monitoring or administration of services and when these employees or agents have access in the ordinary course of business to records relating to the care, treatment, or provision of a health or social service, and in accordance with such provider's regulations promulgated in accordance with article 27-F of the Public Health Law. Disclosure to an employee or agent of a local correctional facility pursuant to this paragraph shall be consistent with section 601 of the Correction Law and Part 7033 of this Chapter and shall be authorized only when such disclosure is necessary to:

(i) enable the chief administrative officer to appropriately maintain custody and supervision of the protected person or provide for the safety and protection of the protected person or provide for the safety and protection of staff, other inmates, or the facility; and

(ii) the medical director reasonably believes that without disclosure circumstances will exist creating a significant risk of contracting or transmitting HIV infection.

Subdivisions (b) and (e) of section 7300.2 of Title 9 are amended to read as follows:

(b) Commissioner means the Commissioner of the New York State Department of [Correctional Services] Corrections and Community Supervision.

(e) Institution means a correctional facility under the jurisdiction of the New York State Department of [Correctional Services] Corrections and Community Supervision.

Subdivisions (c) and (e) of section 7300.4 of Title 9 are amended to read as follows:

(c) from a county jail or penitentiary to a facility under the jurisdiction of the New York City Department of Correction or to an institution under the jurisdiction of the New York State Department of [Correctional Services] Corrections and Community Supervision;

(e) consistent with the provisions of section 7300.6(e) of this Part, in returning such inmates from a correctional institution under the jurisdiction of the New York State Department of [Correctional Services] Corrections and Community Supervision to a county jail or penitentiary.

Subdivision (b) of section 7414.6 of Title 9 is amended to read as follows:

(b) When residents are transferred to another secure facility or to a Department of [Correctional Services] Corrections and Community Supervision facility, the resident's entire mental health record shall be forwarded by the facility director or designee to the receiving facility. The mental health record shall contain:

(1) the name and relationship of a parent, legal guardian or spouse of the resident to be notified in case of the death, serious illness or other serious incident involving the resident;

(2) a record of current medications used for mental health treatment;

(3) all physician's orders; and

(4) any parental/legal guardian consent(s).

Paragraph (3) of subdivision (b) of section 7600.1 of Title 9 is amended to read as follows:

(3) to establish procedures for the speedy and impartial review of grievances referred to it by the Commissioner of the Department of [Correctional Services] Corrections and Community Supervision (Correction Law, § 45(4));

Subdivisions (b), (d) and (f) of section 7601.1 of Title 9 are amended to read as follows:

(b) Commissioner shall mean the Commissioner of the New York State Department of [Correctional Services] Corrections and Community Supervision.

(d) Department and departmental shall mean the New York State Department of [Correctional Services] Corrections and Community Supervision.

(f) Inmate shall mean any person committed, transferred or placed in the care and custody of the Commissioner of the New York State Department of [Correctional Services] Corrections and Community Supervision for confinement in a correctional facility as defined by section 2(4) of the Correction Law.

Subdivision (e) of section 7651.3 of Title 9 is amended to read as follows:

(e) "Clinical physician" shall mean a physician licensed to practice medicine in New York State who is an independent contractor with or employee of the Department of [Correctional Services] Corrections and Community Supervision.

Text of proposed rule and any required statements and analyses may be obtained from:

Brian M. Callahan, Associate Attorney, New York State Commission of Correction, Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, New York 12210, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The Commission of Correction has determined that no person is likely to object to the rule as written because the proposed amendments serve only to change regulatory references to the Department of Correctional Services to the Department of Corrections and Community Supervision, as such agency’s title was so amended in 2011.

Job Impact Statement

The Commission of Correction has determined that the rule will have no adverse effect on jobs and employment opportunities because the proposed amendments serve only to change regulatory references to the Department of Correctional Services to the Department of Corrections and Community Supervision, as such agency’s title was so amended in 2011.