N.Y. Comp. Codes R. & Regs. tit. 9 § 7402.7

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

Section 7402.7 - Confidentiality and disclosure of resident medical and mental health records

(a) Each secure facility shall adhere to the requirements of section 7410.23 of this Title, article 27-F of the Public Health Law, article 33 of the Mental Hygiene Law, all applicable Department of Health regulations and Part 164 of this Title to ensure the confidentiality of a resident's medical, mental health, and facility records.

(b) The facility director of each secure facility shall make provisions for maintaining all medical and mental health records in confidential files separate from other residents' records at the secure facility.

(c) Except as otherwise prohibited or restricted by law, the facility medical director and/or mental health supervisory staff of each secure facility shall promptly disclose to the facility director, person acting in that capacity or designee information received concerning a resident which is or may be relevant in determining the resident's risk, security and supervision and special needs requirements, or may affect the life, safety, or welfare of the resident or any other person. The facility director, person acting in that capacity or designee shall then promptly disclose information appropriate to the staff responsible for making classification, assessment, and/or reassessment decisions.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7402.7

Renumbered from subtitle AA of chapter III New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018