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 Part 524 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, section 7.09
Subject:
Incident Management.
Purpose:
To correct outdated references.
Text of proposed rule:
1. Subdivisions (c), (d), (e) and (f) of section 524.2 of Title 14 NYCRR are amended to read as follows:
(c) Section 29.29 of the Mental Hygiene Law requires the establishment of uniform standards and procedures for the compilation and analysis of incident reports in department facilities; the submission of aggregated information by department facilities to the Commissioner of the Office of Mental Health; the establishment of a committee in department facilities to review incidents; and the submission of reports, by the Commissioner of the Office of Mental Health, to the Commission on Quality of Care [for the Mentally Disabled] and Advocacy for Persons with Disabilities in response to recommendations following investigations of abuse or neglect involving clients under 18 years of age.
(d) Section 31.11 of the Mental Hygiene Law requires programs licensed by the Office of Mental Health to notify the district attorney or other law enforcement official and the [commissioner] Commissioner if it appears that a crime may have been committed against a client.
(e) Section 45.07 of the Mental Hygiene Law provides the Commission on Quality of Care [for the Mentally Disabled] and Advocacy for Persons with Disabilities the authority to make recommendations of preventive and remedial actions to the Office of Mental Health in response to investigations of allegations of abuse or neglect involving clients under 18 years of age.
(f) Section 45.19 of the Mental Hygiene Law requires that directors of State-operated facilities and directors of licensed programs report deaths of individuals in their care and any allegations of abuse or neglect to the Commission on Quality of Care [for the Mentally Disabled] and Advocacy for Persons with Disabilities.
2. Subdivisions (c), (e) and (g) of section 524.7 of Title 14 NYCRR are amended to read as follows:
(c) Reportable deaths shall be reported immediately, and in any event within three working days, to the Commission on Quality of Care [for the Mentally Disabled] and Advocacy for Persons with Disabilities. Other types of client deaths, which are not otherwise subject to the requirements of this Part, shall be reported to the Commission on Quality of Care [for the Mentally Disabled] and Advocacy for Persons with Disabilities in accordance with the requirements of that agency.
(e) Allegations of abuse or neglect shall be reported immediately to the Commission on Quality of Care [for the Mentally Disabled] and Advocacy for Persons with Disabilities.
(g) Allegations of abuse or neglect of clients under the age of 18 shall be reported immediately to the New York [State] Statewide Central Register of Child Abuse and Maltreatment [Register] in accordance with the requirements of the New York State [Department of Social Services] Office of Children and Family Services. Such reports shall not alter the responsibilities of persons, pursuant to Social Services Law, who are required to report cases of suspected abuse or neglect of children other than as defined in section 524.4 of this Part (e.g., suspected abuse or neglect of a child by a parent). However, such an event does not constitute an incident.
Text of proposed rule and any required statements and analyses may be obtained from:
Joyce Donohue, NYS Office of Mental Health, 44 Holland Avenue, 8th Floor, Albany, NY 12229, (518) 474-1331, email: cocbjdd@omh.state.ny.us
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
This rulemaking is filed as a Consensus rule on the grounds that its purpose is to make technical corrections and is non-controversial. No person is likely to object to this rulemaking since it merely updates the incorrect names of two State agencies and clarifies the proper title of a State registry.
Pursuant to Chapter 58 of the Laws of 2005, two State agencies (the former Commission on Quality of Care for the Mentally Disabled and the former New York State Office of Advocate for Persons with Disabilities) merged on April 1, 2005, and the new name of the combined agency is Commission on Quality of Care and Advocacy for Persons with Disabilities.
Chapter 436 of the Laws of 1997 transferred certain functions, powers, duties and obligations of the former Department of Social Services and all of the functions, powers, duties and obligations of the former Division for Youth to the New York State Office of Children and Family Services.
Statutory Authority: Section 7.09 of the Mental Hygiene Law authorizes the Commissioner of the Office of Mental Health to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction.
Job Impact Statement
A Job Impact Statement is not submitted with this notice because it merely corrects outdated references in the regulation. There will be no impact on jobs and employment opportunities as a result of this rulemaking.
