N.Y. Comp. Codes R. & Regs. tit. 14 § 37.4

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

Section 37.4 - Patients deemed dangerous

(a) When a inpatient leaves the facility in which he is receiving care and treatment, and without consent of the facility, and the patient's physician or treatment team leader believes or has reason to believe that the patient poses a danger to another person or persons outside the facility, the facility staff shall notify:

(1) the person or persons believed to be in danger;

(2) the local police in the area in which the facility is located;

(3) the police agency with jurisdiction over the area in which the person or persons believed to be in danger resides; and

(4) any person the facility believes would be able to apprise the endangered person that the patient has left the facility without consent. Such notice shall be of the fact that the patient has left the facility without consent, the identity of the patient, the fact that the facility believes the patient is dangerous to another person or persons, the identity of the persons known to be in danger and the nature of the danger. Such notice shall be given as soon as the facility staff know that the patient has left the facility without consent.

(b) Notices required by subdivision (a) of this section shall be given by the patient's physician or, if unavailable, by the patient's treatment team leader. If neither is immediately available, notice may be given by any other member of the clinical staff of the facility.

(c) Notice required by subdivision (a) of this section shall be given by telephone. If contact cannot be made by telephone, the police shall be so notified and a telegram to the person entitled to notice shall be sent immediately. The facility shall request that such a telegram be hand-delivered. A record of notice given pursuant to this section shall be made and retained in the patient's record.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 37.4