N.Y. Comp. Codes R. & Regs. tit. 14 § 36.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 36.3 - Use of conditional release

(a) The provisions of this section shall not apply to patients conditionally released to family care by department facilities.

(b) Patients who are released from inpatient services who are to be provided outpatient services by the facility should not ordinarily be placed on conditional release but should be discharged from inpatient services and continued in outpatient care and treatment on outpatient status only.

(c) Conditional release may be provided to any patient except an informal patient. Patients retained under provisions of the Criminal Procedure Law or against whom a warrant has been issued, may be conditionally released only with the consent of the district attorney or court.

(d) Voluntary and non-objecting patients may be released conditionally only if they don't object and retained on such status only as long as they do not object to such status.

(1) No voluntary or non-objecting patient may be retained on conditional release status for more than one continuous year. If he or she has no contact with facility staff during a 90 day period within that year he or she must be discharged at the end of the 90 day period.

(2) No voluntary or non-objecting patient conditionally released may be returned to inpatient status in the facility over his objection except in accordance with the Mental Hygiene Law and procedures established thereunder for involuntary admission. A voluntary or non-objecting patient returned to the facility shall be provided with notice of status and rights at the time of return and periodically thereafter, as specified in the section of the law under which the patient was admitted. A copy of each such notice shall be given to the Mental Health Information Service.

(3) The requirements of the Mental Hygiene Law in regard to periodic notice of status and rights shall not apply to a voluntary or non-objecting patient conditionally released and living outside the facility.

(e) Involuntary patients may be retained on conditional release only for the remainder of any period of authorized retention. At the end of such period they may be discharged, if appropriate, or the director may apply to the Supreme Court or county court in the county where the facility is located for an order authorizing further continued retention of such patient. An involuntary patient returned to a facility from conditional release shall be provided with notice of his status and rights and copies of such notice shall be forwarded to the Mental Health Information Service, the original applicant, nearest relative and persons designated by the patient.

(f) A patient discharged after a period of conditional release who requires additional outpatient services may continue in outpatient treatment on outpatient status.

(g) A facility may arrange for the provision of outpatient or nonresidential services by other facilities in the community to former inpatients who need such services regardless of whether they are discharged or conditionally released from inpatient service.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 36.3