New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7322
Executive Department
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6 sections
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9 NYCRR 7322.1 - Policy
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
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)In order to provide a mechanism by which facility operations, policies and procedures can be monitored, evaluated and improved, each facility shall internally review and assess all incidents of a serious or potentially problematic nature, and report such incidents to the commission pursuant to the requirements of this Part.
(b)Consistent with the requirements of this Part, the director shall develop written policies and procedures that govern the reporting of facility incidents to the commission. These policies and procedures shall be reviewed annually and updated as needed.
9 NYCRR 7322.2 - Reportable incidents
Source version current through Apr 15, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
The following incidents shall be reported to the commission pursuant to the requirements of this Part:
(a)assaults;
(b)sexual abuse;
(c)sexual assaults;
(d)employee misconduct;
(e)communicable reportable disease;
(f)contraband;
(g)deaths;
(h)escapes;
(i)escape attempts;
(j)fires;
(k)personnel group actions;
(l)youth group actions;
(m)hostage situations;
(n)major disturbances;
(o)major maintenance/service disruptions;
(p)natural/civil emergencies;
(q)attempted suicides;
(r)self-inflicted injuries; and
(s)serious accidental injuries.
9 NYCRR 7322.3 - Reporting incidents other than youth deaths
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
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)As required in section 7322.2 of this Part, whenever a reportable incident occurs at a facility, the director, or designee, shall report such incident to the commission pursuant to the following requirements:
(1)all major disturbances, escapes, youth group actions, personnel group actions, hostage situations, natural/civil emergencies, major maintenance/service disruptions, or any incident during which control at a facility is lost or partially lost shall be reported immediately upon occurrence or discovery in a form and manner as required by the commission;
(2)all assaults, sexual assaults, sexual abuse, employee misconduct, communicable reportable disease, contraband, escape attempts, fires, attempted suicides, self-inflicted injuries, serious accidental injuries, or occurrence(s) that disrupt the normal operations of a facility, or that involve injury to youth or staff resulting in hospital treatment shall be reported, in a form and manner as required by the commission, within 24 hours of occurrence or discovery.
(b)The director, or designee, shall provide follow-up reports for specified incidents as required by the commission. Such follow-up reports shall be submitted in writing to the commission in a form and manner as required by the commission, as soon as practicable, but no later than 30 days following the initial report.
(c)When additional pertinent facts are discovered about an incident after the director, or designee has submitted the follow-up report to the commission, such information shall be forwarded in writing, in a form and manner as required by the commission, as soon as practicable, but no later than 14 days following discovery.
9 NYCRR 7322.4 - Reporting youth deaths
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
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)The director, or designee, shall report the death of any youth listed on its official facility count to the commission within six hours of pronouncement of death, in a form and manner prescribed by the commission.
(b)Within three days after the pronouncement of a youth's death, a copy of the deceased's entire medical record, including the preliminary autopsy report, if available, shall be forwarded to the commission.
(c)Any copies of medical records provided pursuant to subdivision (b) of this section shall be certified as being a true copy of such record by the authority responsible for maintaining the record.
(d)Within 10 days after the pronouncement of a youth's death, the facility medical director shall forward a follow-up report in writing to the commission which shall include, but not be limited to:
(1)a narrative medical history of the deceased covering the period 90 days prior to death;
(2)the deceased's primary medical and/or psychiatric diagnosis and the therapy provided, if any, as a result of such diagnosis;
(3)a narrative description of the terminal event occurring immediately prior to the pronouncement of death; and
(4)a final copy of the autopsy report, if available.
(e)In addition, such follow-up report shall include information required by the commission's medical review board and any other information specified by the commission in a form and manner required by the board and commission.
(f)When additional pertinent facts are discovered about a youth's death after the facility has submitted the follow-up report to the commission, such information shall be forwarded in writing in a form and manner as required by the commission as soon as practicable, but no later than 14 days following discovery.
9 NYCRR 7322.5 - Maintenance of reportable incident information
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
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 copy of all completed reports and supplementary information prepared by the director, or designee, pertaining to reportable incidents, including copies of all information forwarded to the commission pursuant to the requirements of this Part, shall be maintained in a centralized facility location.
9 NYCRR 7322.6 - Review and assessment of reportable incidents
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
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)The director shall develop and implement procedures for the review, investigation, and assessment of reportable incidents.
(b)The director shall regularly review all reports prepared by facility staff in conjunction with the review and/or investigation of reportable incidents, including pertinent facility log entries.
(c)The director, or designee, shall take appropriate actions, based upon such review of prior incidents, to reduce the possibility of recurrence.