N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 69-5.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 69-5.2 - Eligibility for rape crisis program approval

To be eligible for approval:

(a) The program must provide services to alleviate the immediate and long term negative physical and emotional effects of sexual assault and abuse. Services shall be accessible, confidential, provided without coercion, and available to individuals regardless of age, gender, race, ethnicity, sexual orientation, disability status, or ability to pay. Nothing herein, however, shall prevent the operation of a program formed to meet the special needs of persons from a particular community or group, provided that the program gives the department a written assurance that it will not refuse to provide services to any person who seeks assistance from the program who is not a member of the target community or group that the program serves. These services must include but need not be limited to:

(1) twenty-four hour access to crisis intervention services including telephone hotline and phone counseling capabilities;

(2) in-person individual or group counseling;

(3) community prevention education programs;

(4) training of professionals concerning sexual assault issues;

(5) accompaniment of victims to medical facilities;

(6) advocacy on behalf of victims within the criminal justice system; and

(7) information and referral services, based on established relationships with human service providers, medical personnel, and law enforcement officials.

(b) The program must provide information to victims of sexual offenses, sexual abuse or incest that is designed to enable them to make informed decisions regarding medical and legal options and support services. Information must be provided regarding:

(1) sexually transmitted diseases;

(2) HIV/AIDS counseling and testing options;

(3) post-coital contraception;

(4) options regarding any pregnancy that may occur as a result of sexual assault or rape;

(5) evidence collection policies and procedures;

(6) civil and criminal court proceedings and availability of accompaniment and support throughout the legal process;

(7) availability of crime victims' compensation benefits; and

(8) availability of crisis intervention, telephone and in-person counseling services.

(c) Programs must have a written policy regarding client confidentiality and a protocol for obtaining an agreement signed by each counselor to adhere to that policy.

(d) Programs must be responsive to the cultural and language needs of the population served.

(e) The governing authority of the rape crisis program shall designate a training coordinator, whose training and/or experience is relevant to the services provided at the program and who shall have the authority and responsibility to oversee the training and certification of the program's rape crisis counselors.

(f) Programs must have a system in place to ensure that the minimum training standards set forth in this section are consistently met.

(g) The rape crisis program shall permit on-site program review by representatives of the department of Health and, upon request, shall make available to such representatives any records and reports related to department approval of the rape crisis program.

(h) Nothing contained in this section shall prohibit a program, with approval of the department of Health, from subcontracting for, or otherwise ensuring that the required services are available.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 69-5.2

Amended New York State Register November 13, 2019/Volume XLI, Issue 46, eff. 11/13/2019