N.Y. Comp. Codes R. & Regs. tit. 14 § 25.7

Current through Register Vol. 46, No. 39, September 25, 2024

Section 25.7 - Exceptions

(a) No provision of this Part shall be deemed to limit the ability of a facility to hire any patient or former patient in accordance with regular employment practices of the facility.

(b) This Part shall not apply to patients who volunteer to participate in an organized system of volunteer services, provided that:

(1) the patient has the mental capacity to volunteer, does volunteer, and a written record of the determination of mental capacity is retained in the patient's clinical record;

(2) such services would not be compensated by the facility if performed by a person other than a patient;

(3) such work shall be directed and supervised in accordance with the patient's individual service plan; and

(4) a record of such volunteer work shall be maintained in accordance with section 25.6 of this Part.

(c) This Part shall not apply to clients who reside and work within an integrated residential community pursuant to sections 27.2(g) and 27.3(f) of this Title. However:

(1) an integrated residential community shall design and implement a means to ensure that clients are protected from exploitation; and

(2) under no conditions shall a client of an integrated residential community be permitted to perform work tasks or activities without appropriate supervision or perform on equipment and under conditions which do not adequately provide for the client's health, safety and welfare.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 25.7