OMH-21-10-00010-A Operation of Psychiatric Inpatient Units of General Hospitals and Operation of Hospitals for Persons with Mental Illness

8/4/10 N.Y. St. Reg. OMH-21-10-00010-A

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 31

August 04, 2010

RULE MAKING ACTIVITIES

OFFICE OF MENTAL HEALTH

NOTICE OF ADOPTION

 

I.D No. OMH-21-10-00010-A

Filing No. 751

Filing Date. Jul. 20, 2010

Effective Date. Aug. 04, 2010

Operation of Psychiatric Inpatient Units of General Hospitals and Operation of Hospitals for Persons with Mental Illness

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Amendment of Parts 580 and 582 of Title 14 NYCRR.

Statutory authority:

Mental Hygiene Law, arts. 7 and 31

Subject:

Operation of Psychiatric Inpatient Units of General Hospitals and Operation of Hospitals for Persons with Mental Illness.

Purpose:

To update provisions that reflect outdated statutory references, nomenclature, practices or principles.

Substance of final rule:

The complete text of this rulemaking is available at: www.omh.state.ny.us.

Summary

This rule amends 14 NYCRR Part 580, Operation of Psychiatric Inpatient Units of General Hospitals, and 14 NYCRR Part 582, Operation of Hospitals for the Mentally Ill, by providing greater accuracy and clarity to providers of mental health services with respect to the standards under which they are expected to operate.

Changes Made to the Final Rule

Only non-substantive modifications were made to the final rule. The changes are consistent within both Part 580 and Part 582. They are as follows:

1. Statutory Authority header has been amended to reflect Mental Hygiene Law Section 29.15.

2. Section 580.2(c) and Section 582.2(d) have been amended to reflect the provisions of Mental Hygiene Law Section 29.15 regarding discharges and conditional releases of patients from hospitals operated by the Office of Mental Health (OMH) or from psychiatric inpatient services subject to licensure by OMH.

3. Section 580.8(e)(2) and Section 582.8(e)(2) have been amended to clarify the requirements of facilities administering electroconvulsive therapy (ECT). The proposed rule referenced a specific journal published by the American Psychiatric Association. As it would be necessary to amend the regulations should the journal be updated in the future, OMH believes it is more expeditious, and ultimately, less confusing to providers, if the reference to the specific publication is removed and clarifying language is added to the regulations which states that facilities administering ECT must remain current with standards of practice supported by the American Psychiatric Association. The intent of the proposed rule remains unchanged.

Final rule as compared with last published rule:

Nonsubstantive changes were made in the statutory authority and sections 580.2(c), 580.8(e)(2), 582.2(d) and 582.8(e)(2).

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

Joyce Donohue, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229, [phone], email: [e-mail]

Revised Regulatory Impact Statement

A revised regulatory impact statement is not submitted with this notice because the changes to the final version of the rulemaking are non-substantive and do not impact upon the regulatory impact statement submitted with the proposed rule. The changes include the addition of a reference to statute and clarification regarding requirements of facilities administering electroconvulsive therapy. The meaning and intent of the proposed rule remains unchanged.

Revised Regulatory Flexibility Analysis

A Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments is not being submitted with this adoption notice because the changes to the final rule do not impose any new reporting, record keeping or other compliance requirements on small businesses or local governments. The changes include the addition of a reference to statute and clarification of requirements of facilities administering electroconvulsive therapy. The meaning and intent of the proposed rule remains unchanged. There will be no adverse economic impact on small businesses or local governments.

Revised Rural Area Flexibility Analysis

A revised Rural Area Flexibility Analysis is not being submitted with this notice because the minor, non-substantial changes made to the final rule do not impact upon the rural area flexibility analysis originally submitted with the proposed rule. The changes include a point of reference for facilities administering electroconvulsive therapy, as well as the addition of a reference to Mental Hygiene Law Section 29.15.

Revised Job Impact Statement

A Job Impact statement is not being submitted with this notice because the changes made to the final rule are non-substantive and do not alter the original job impact statement submitted with the Notice of Proposed Rule Making.

Assessment of Public Comment

The Office of Mental Health (OMH) received one letter regarding the amendments to Part 580 and Part 582 of Title 14 NYCRR. The letter expressed general agreement and support of the proposed rule. However, the writer felt the regulations should be amended to reflect provisions regarding discharging of patients from inpatient settings. The writer suggested the inclusion of a subdivision entitled, “Discharges”, as well as a reference to Mental Hygiene Law Section 29.15, which establishes requirements for discharge and conditional release of individuals from psychiatric inpatient settings. OMH believes that the regulations adequately address requirements pertaining to discharging patients from hospitals operated by OMH or from psychiatric inpatient services subject to licensure by OMH; therefore, a “Discharges” subdivision has not be added to the regulations. However, the agency has added a reference to Mental Hygiene Law Section 29.15 in both the Statutory Authority and Legal Base sections of Part 580 and 582.