New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 7311

Executive Department

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7 sections

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Source version current through Mar 31, 2022

All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7311.1 - Policy

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
Related Register notice
CMC-27-18-00002-A · Adopted rule
Related notice published
Sep 26, 2018
Related notice effective date
Sep 26, 2018
(a)All facility youth shall be provided uniform access to comprehensive mental health services.
(b)Consistent with the requirements of this Part, a facility shall establish written policies and procedures that govern the uniform access and delivery of comprehensive mental health services. Such policies and procedures shall be reviewed annually and updated as needed.

9 NYCRR 7311.2 - Definition

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
Related Register notice
CMC-27-18-00002-A · Adopted rule
Related notice published
Sep 26, 2018
Related notice effective date
Sep 26, 2018

As used in this Part, the term mental health professional shall mean a person licensed or certified by New York State to deliver mental health services.

9 NYCRR 7311.3 - Mental health screening

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
Related Register notice
CMC-27-18-00002-A · Adopted rule
Related notice published
Sep 26, 2018
Related notice effective date
Sep 26, 2018

Every youth shall receive a mental health screening and risk assessment upon admission to a facility to determine the necessity of an immediate referral to a mental health professional. Mental health assessments and observations shall be incorporated into the facility’s classification system, consistent with the requirements of Part 7313 of this Title. Signs, symptoms and behaviors identified by the screening and risk assessment shall be evaluated by an appropriate mental health professional to determine if mental health services are required.

9 NYCRR 7311.4 - Mental health services

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
Related Register notice
CMC-27-18-00002-A · Adopted rule
Related notice published
Sep 26, 2018
Related notice effective date
Sep 26, 2018
(a)Mental health services shall include, but not be limited to: a system of screening, risk assessment, observation, evaluation, diagnosis, treatment and case management.
(b)Each youth shall receive a mental health evaluation within 30 days of admission to a facility, as clinically indicated.
(c)Each facility shall provide adequate space for youth to be privately interviewed, evaluated and treated.

9 NYCRR 7311.5 - Mental health records

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
Related Register notice
CMC-27-18-00002-A · Adopted rule
Related notice published
Sep 26, 2018
Related notice effective date
Sep 26, 2018
(a)Mental health records shall be maintained within the facility, accessible to appropriate facility health staff, and kept confidential in compliance with all applicable laws, rules and statutes.
(b)The mental health record shall contain:
(1)a record of current medications used for mental health treatment;
(2)all physician's orders;
(3)any parental/legal guardian consent(s);
(4)all screenings, assessments and clinical notes.
(c)When a youth is transferred to another facility, a facility operated or certified by OCFS, or a facility operated by the Department of Corrections and Community Supervision, a copy of the youth's mental health record shall be forwarded, in a confidential manner, to the receiving facility.

9 NYCRR 7311.6 - Emergency and inpatient mental health services

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
Related Register notice
CMC-27-18-00002-A · Adopted rule
Related notice published
Sep 26, 2018
Related notice effective date
Sep 26, 2018
(a)A facility shall have a designated plan with a local mental health provider for youth access to emergency mental health services.
(b)A facility shall have a designated plan to provide youth access to inpatient mental health services at certified hospitals.

9 NYCRR 7311.7 - Mental health training for staff

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
Related Register notice
CMC-27-18-00002-A · Adopted rule
Related notice published
Sep 26, 2018
Related notice effective date
Sep 26, 2018
(a)All facility staff responsible for youth supervision shall be trained to recognize the signs, symptoms and behaviors that may indicate mental illness, developmental disability or chemical dependency.
(b)All facility staff responsible for youth supervision shall be trained in procedures to make referrals for mental health services.

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