N.Y. Comp. Codes R. & Regs. tit. 14 § 580.8
Current through Register Vol. 46, No. 53, December 31, 2024
(a) Safety. (1) All facilities shall be safe and suitable for the comfort and care of the individual. Facilities shall be maintained in a state of good repair and sanitation.(i) A facility maintenance plan, including provision for routine inspections of the physical plant, shall be developed, maintained, and shall be immediately available for office review upon request.(ii) A process shall be established and implemented at all facilities by which staff can notify the administration of any unsafe conditions. Facility staff shall routinely be made aware of such process.(2) Patient areas for children, including bedroom space, shall be separate and distinct from patient areas for adults.(b) Code compliance. Facilities shall be and remain in compliance with applicable State and local building codes and regulations.
(1) Prior to construction or renovation of a facility, a building permit from the applicable local authority shall be obtained, and proof of same shall be made available to the office upon request.(2) A current and effective copy of a Certificate of Occupancy at a facility shall be maintained at each facility location.(c) Construction standards. (1) Facilities shall be and remain in compliance with the provisions of the appropriate section(s) of the current recognized edition of the National Fire Prevention Association-101 Life Safety Code (LSC).(2) Facilities shall be and remain in compliance with applicable sections of the current recognized edition of the Guidelines for Design and Construction of Health Care Facilities published by the American Institute of Architects (AIA).(3) Facilities shall be and remain in compliance with applicable sections of the Americans with Disabilities Act of 1990 (ADA) and implementing regulations (28 CFR Parts 35 and 36).(d) Provisions for unplanned events.(1) Facility administration shall evaluate the potential for specific unplanned events including but not limited to: power outages, heat loss, water shortages, extreme temperatures, floods, earthquakes, winds, fires and explosions.(2) Facilities shall have policies and procedures in place which establish a reaction plan with respect to management of the facility in the event of unplanned events and potential disasters. (i) Such policies and procedures shall include provisions designed to ensure staff are made aware of, and are familiar with, the reaction plan.(ii) The reaction plan shall be periodically reviewed and updated as needed.(e) Interventional Therapies, including Electroconvulsive therapy (ECT). (1) Facilities administering ECT or other interventional therapies shall have a treatment room and recovery space that is specifically dedicated for th e service and which meets applicable Federal and State safety and health standards and applicable standards of practice.(2) Facilities administering ECT or other interventional therapies shall remain current with standards of practice supported by the American Psychiatric Association related to treatment and administration of this service consistent with such standards.(3) ECT may not be used as an emergency procedure.(4) No facility shall use restraint or seclusion without a written plan for the use of restraint or seclusion in accordance with section 526.4 of this Title. (5) No facility shall use extraordinary risk procedures. Extraordinary risk procedures include, but are not limited to, experimental treatment modalities and aversive conditioning. N.Y. Comp. Codes R. & Regs. Tit. 14 § 580.8
Amended New York State Register December 18, 2024/Volume XLVI, Issue 51, eff. 12/18/2024