N.Y. Comp. Codes R. & Regs. tit. 14 § 81.6

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

Section 81.6 - Program

(a) General.

(1) The governing body shall develop program policies which indicate the diagnostic and functional group or groups to be served, upper and lower age limits, any limitations on the length of residence, the provision of medical and nursing care, the administration of discipline, the assurance of proper hygiene and clothing, sources of referral, admission and discharge criteria and procedures, criteria for functional groupings and other aspects that help to define the operation of the school.

(2) Direct services to residents shall be provided in accordance with an individual written plan of care, treatment and training specifying the nature of the conditions and the disabilities found to be present and those which are to be affected, relating these to the methods of care, treatment and training to be provided, identifying the intended benefits of care and treatment and providing for appropriate review and revision. Integrated residential communities, as defined in section 27.2(g) of this Title, shall be exempt from the requirements of this section and shall instead comply with section 27.3(f) of this Title.

(3) The program shall be sufficiently comprehensive to provide residents with opportunities to engage in social and recreational activities both at the school and in the community to the extent of their capability.

(4) The school shall maintain a congenial group living spirit and shall encourage those activities which contribute to personal development and satisfaction and are common in normal homes.

(5) There shall be supervisory personnel on duty at the school at all times.

(6) A single case record, which contains current information regarding diagnosis, treatment and training, and evaluation of results of care, treatment and training for each person served, shall be available to all professional staff involved in the care or treatment of that person. In the circumstance of an integrated residential community, as defined in section 27.2(g) of this Title, paragraph (7) of this subdivision shall be controlling.

(7) Appropriate access to the case records of an integrated residential community which contain current information regarding diagnosis, treatment, training, and assessment of the results of care for each person served, shall be guaranteed by the provider agency. Information will be made available to staff interacting with the client, consulting professionals, parents and OMRDD staff in accordance with the facility's policies, subject to the review and approval of OMRDD.

(b) Admissions.

(1) All admissions shall be in accordance with the provisions of article 33 of the Mental Hygiene Law, and on the forms prescribed therefor.

(2) The certified bed capacity of the school shall not be exceeded at any time.

(c) Education program.

(1) Schools serving children of legal school age shall make available an education program which meets standards established by the New York State Education Department. Any exceptions to the foregoing shall be on an individual basis and the reasons therefor shall be documented, retained in the case record and reviewed at least twice annually.

(2) There shall be a written teaching plan for each class with modifications where necessary to meet specific needs of residents.

(3) Work-study or vocational training programs shall be available for all residents older than legal school age.

(d) Medical and health services.

(1) Medical care shall be provided as needed for each resident, and all such care shall be coordinated and approved by a single, named physician for all residents.

(i) There shall be periodic medical, dental, eye and hearing examinations, for preventive and remedial purposes, at least twice annually for residents up to age 18 and once annually thereafter.

(ii) There shall be a written communicable disease control plan, including provisions to assure new admissions being free of communicable disease, to provide regularly scheduled immunization and to control the spread of communicable diseases.

(iii) There shall be a written plan for obtaining medical care in an emergency.

(2) Psychiatric consultation shall be utilized in the preparation of the treatment plan for each resident who is mentally ill or emotionally disturbed in addition to being mentally retarded.

(3) Therapies such as physical therapy, occupational therapy, indoor and outdoor recreational and social therapy, speech and hearing therapy, and others shall be provided at the school or by arrangement with outside resources as needed for individual residents.

(4)

(i) The school shall provide full-time nursing services under the direction of a currently registered professional nurse experienced in the care of the mentally retarded if any of the following are served on a regular basis: the severely or profoundly retarded, the mildly or moderately retarded who are also physically handicapped, or the mentally retarded under five years of age.

(ii) If the facility is not required to provide full-time nursing services, all usual and necessary activities and procedures for the maintenance of physical well-being of the residents shall be provided under the supervision of a regularly scheduled part-time currently registered professional nurse.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 81.6