N.Y. Comp. Codes R. & Regs. tit. 9 § 7651.26

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

Section 7651.26 - Inmates' rights as patients

(a) Consistent with the requirements of this Part, the department shall afford inmate patients the right to:

(1) considerate and respectful care;

(2) obtain, upon request, the name of the physician responsible for coordinating his/her care;

(3) the name and function of any person providing health care services to him/herself;

(4) obtain from the facility medical director or his/her designee current information concerning his/her diagnosis, treatment and prognosis in terms the inmate can reasonably be expected to understand. When it is not medically advisable to give such information to the inmate, the information shall be made available to an appropriate person on his/her behalf;

(5) receive from his/her physician information necessary to give informed consent prior to the start of any procedure or treatment involving either a nonemergency treatment procedure or surgery or a diagnostic procedure which involves invasion or disruption of the physical integrity of the body. Such informed consent shall include, at a minimum: the specific procedure or treatment; the reasonably foreseeable risks involved; and alternatives to care and treatment, if any;

(6) refuse treatment to the extent permitted by law and be informed of the medical consequences of this action;

(7) privacy to the extent consistent with providing adequate medical care to the inmate and with the safety and good order of the facility; and

(8) privacy and confidentiality of all records pertaining to the inmate's treatment, except as otherwise provided by law and consistent with the safety and good order of the facility.

(b) No punitive action shall be taken against any inmate based exclusively upon his/her requests for health care services, or exclusively upon assertion of the rights set forth in subdivision (a) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7651.26

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