9 NYCRR Part 7410 - Executive Department

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9 NYCRR 7410.1 - Policy

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Adequate health care and health care services shall be provided to all residents in order to promote the well being of residents through the prevention, detection, treatment and management of disease and disability.

(b)Consistent with the requirements of this Part, the Office of Children and Family Services (OCFS) shall develop written policies and procedures that govern health services. The written policies and procedures shall be reviewed annually and updated as needed.

9 NYCRR 7410.2 - Applicability

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

The provisions of this Part shall apply to each secure facility and OCFS in its operation of such secure facilities.

9 NYCRR 7410.3 - Definitions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Apr 15, 2022

As used in this Part, the following definitions shall apply to the terms listed below:

(a)Administrative health services authority shall mean a person or organized group of persons responsible for the management of the health care delivery system of a secure facility or group of facilities, excluding direct patient care.

(b)Ambulatory services clinic shall mean a designated area within a secure facility, including a room or group of rooms, with facilities, services, equipment and personnel providing nonresidential medical management of outpatients, which is planned, organized, operated and maintained to function as an integrated unit within secure facilities.

(c)Certified or registered ambulance service shall mean an ambulance service having a valid certificate or statement of registration issued pursuant to article 30 of the Public Health Law.

(d)Clinical health services authority shall mean an organized group of licensed health care professionals responsible for the overall medical management of secure residents and for all aspects of direct patient care of residents within secure facilities.

(e)Drug room or pharmaceutical storage shall mean any place within a secure facility in which drugs, prescriptions or poisons are stored for delivery after having been compounded, preserved or dispensed by a licensed pharmacist.

(f)Full-time shall mean the personal availability of employees for the discharge of their assigned duties and responsibilities for a period of not less than 40 hours during each facility work week, excluding holidays and authorized leave periods, 32 hours of which shall consist of their personal presence at their assigned work stations/areas.

(g)Health screening shall mean an interview and visual assessment of a resident conducted by a facility health trained staff member which is recorded and designed to elicit a past history or current evidence of a medical or mental health condition requiring immediate medical or psychiatric evaluation and treatment.

(h)Health trained staff member shall mean an individual trained in limited aspects of health care as determined by the facility medical director. Such training shall be recorded.

(i)Infectious, reportable disease shall mean an infectious disease transmissible to uninfected persons by air and listed as reportable in Part 2 of Title 10 NYCRR.

(j)Infirmary shall mean a designated area within a secure facility, including a multiple occupancy or group of rooms, with facilities, services, equipment and personnel providing residential nursing care and medical management of inpatients admitted for 24 hours or more and which is planned, organized, operated and maintained to function as an integrated unit within a secure facility.

(k)Licensed health care professional shall mean a physician, nurse practitioner, registered professional nurse, physician’s assistant, licensed practical nurse or dentist licensed to practice in the State of New York.

(l)Medical director shall be a physician licensed to practice medicine in the State of New York.

(m)Medical hold shall mean the retention of a named resident at a secure facility for so long as it is believed that the transfer to another secure facility would be detrimental to the resident’s health or would hinder the effectiveness and efficiency with which necessary health services are provided to such resident.

(n)Medical isolation shall mean a private room which is negative air-flow ventilated and which is otherwise designed and equipped to assist health care staff in practicing appropriate isolation techniques according to diagnosis.

(o)New construction or renovation shall mean any of the following:

(1)a facility constructed after the effective date of this Part;

(2)acquisition of a physical plant not previously operated as a health care delivery setting;

(3)construction of a new physical plant; or

(4)renovations, additions, and/or alterations to the health care delivery setting within an existing secure facility which involves major physical and/or structural changes or major fixed equipment changers, other than replacements.

(p)Partial care patient shall mean a resident who meets either of the following conditions:

(1)requires moderate assistance with personal care and activities of daily living; or

(2)requires some nursing supervision; and

(3)is alert and aware of surroundings.

(q)Pharmacy shall have the same meaning as set forth in section 6802.1 of the Education Law.

(r)Physical therapy service shall mean an organized unit which is designed, staffed and equipped to provide evaluation, treatment or prevention of disability, injury, disease or other condition of health using physical, chemical and mechanical means including, but not limited to: heat, air, water, sound, electricity, massage and mobilization, and therapeutic exercise with or without assistive devices, performed in accordance with a physician’s order, diagnosis or referral.

(s)Physician shall mean a physician licensed to practice medicine in New York State who is an independent contractor with or an employee of OCFS.

(t)Self care patient shall mean a resident who meets all of the following conditions:

(1)is capable of self-care with minimal nursing supervision;

(2)is alert and aware of surroundings; and

(3)can walk unassisted by mechanical or human means.

(u)Skilled nursing service shall mean an organized nursing care unit in which there are employed and on duty throughout each 24-hour period, a:

(1)director, assistant director; and

(2)registered professional nurses, licensed practical nurses, and nurses’ aides in sufficient number to provide a combined average of direct nursing care of not less than one hour for each self care patient, two hours for each partial care patient and four hours for each total care patient.

(v)Skilled professional health care services shall mean:

(1)a skilled nursing service; and

(2)a physical therapy service.

(w)Total care patient shall mean a resident who meets any one or more of the following conditions:

(1)is dependant for most or all nursing and personal care;

(2)needs continuous nursing supervision because of physical or mental status;

(3)is prevented or severely limited in independent activity because of a severe emotional state, conditions resulting from the use of medications, physiological changes, or is restrained physically; or

(4)is bedfast, chair-fast, room-bound, who can sit in, but not propel, a wheelchair, or who can use a walker if assisted by two persons.

9 NYCRR 7410.4 - Residents’ rights as patients

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

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

(1)considerate and respectful care;

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

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

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

(5)receive from the physician or qualified health professional information necessary for the resident, parent or legal guardian to give informed consent prior to the start of any procedure or treatment involving a non-emergency treatment procedure or surgery, diagnostic procedure, or medical test which involves invasion or disruption of the physical integrity of the body. Such information shall include, at a minimum: the specific procedure, treatment, or medical test, the reasonably foreseeable risks involved, and alternatives to care and treatment, if any;

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

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

(8)privacy and confidentiality of all records pertaining to the resident’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 resident based exclusively upon their request for health care services, or exclusively upon assertion of the rights set forth in subdivision (a) of this section.

9 NYCRR 7410.5 - Administrative health services authority

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)OCFS shall establish an administrative health services authority and shall require that the health care delivery in secure facilities is governed by an administrative health services authority.

(b)Every administrative health services authority shall fall under the management of a health services administrator.

(c)OCFS shall develop a written job description for the position of health services administrator.

9 NYCRR 7410.6 - Clinical health services authority

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)OCFS shall establish clinical health services authorities, and shall require that direct health care delivery in secure facilities is governed by a clinical health services authority.

(b)At a minimum, each clinical health services authority shall consist of a medical director, registered professional nurse and licensed health care professionals.

(c)OCFS shall develop written job descriptions outlining the duties and responsibilities of the medical director and all other licensed health care professionals.

(d)Each clinical health services authority responsible for more than one secure facility shall be staffed by a full time medical director.

(e)Each medical director shall be responsible for the quality, continuity and availability of all health care provided to residents within each secure facility.

(f)OCFS shall provide each clinical health services authority with licensed health care professionals sufficient to meet the health care needs of the resident population. In determining the adequacy of each health care staff, OCFS shall take into account factors including, but not limited to:

(1)the annual average size of the resident population under the care of the clinical health services authority;

(2)the level(s) of care to be delivered by the clinical health services authority, as defined by OCFS and consistent with the requirements of this Part; and

(3)impediments to or limitations upon resident access to health services associated with security imperatives and/or physical plant location or configuration.

(g)At a minimum, the following health care staffing requirements shall be met:

(1)each clinical heath services authority shall be staffed with one registered professional nurse on a 16-hour basis each day and shall provide for the continuous access, without undue delay, to such nurse by all residents for whom the clinical health services authority is responsible. Reasonably proximate clinical health services authorities may share nursing staff for purposes of compliance with this subdivision;

(2)if a secure facility operates an infirmary unit, and it is occupied by a resident, it shall be staffed on a 24-hour basis each day with a registered professional nurse, a licensed practical nurse and/or a nurses’ aid in sufficient number to furnish each infirmary patient direct nursing care and related services including assessments, treatments, medications, diets, and other health services in accordance with each resident’s treatment plan prepared pursuant to a physician’s order; and

(3)the services of a physician shall be available on call to each secure facility every day during the hours in which no physician is present within the facility.

(h)All health care staff shall wear, at all times, identification that clearly states their name and professional title.

(i)OCFS shall maintain records of current New York State licensure or registration of all physicians, nurses and heath care staff.

9 NYCRR 7410.7 - Medical treatment areas

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Each secure facility shall provide medical treatment areas for diagnosis and treatment adequate to meet the needs of the resident population.

(b)In newly constructed or renovated facilities that operate infirmary units, each medical treatment area shall contain a nurses’ station which shall be an enclosed area and be proximate to the infirmary and observation rooms.

(c)Consistent with the requirements of Subparts 70-1 and 70-2 of Title 10 NYCRR, solid waste originating in medical treatment areas, including but not limited to: garbage, rubbish and other refuse, medical waste and infectious materials shall be disposed of in such a manner that will prevent the transmission of disease and not create a nuisance, fire hazard or breeding place for insects or rodents.

(d)OCFS shall develop, implement and enforce a comprehensive medical housekeeping and infection control policy and procedure specifically tailored to each medical treatment area.

(e)OCFS shall provide that all details, finishes and furnishings in medical treatment areas are able to be easily cleaned and in a condition which facilitates infection control.

9 NYCRR 7410.8 - Independent health care services

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

OCFS shall require that all independent providers of health care treatment and services to residents comply with the pertinent requirements of this Part.

9 NYCRR 7410.9 - Health appraisal

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)OCFS shall develop and implement an admission health appraisal process for each resident which includes, but is not limited to:

(1)a health screening which consists of a visual assessment and interview which shall be performed as soon as possible after each resident’s admission into a secure facility, but in no event later than 24 hours after admission;

(2)a complete written medical history which shall be obtained from each resident within seven days following initial admission to a secure facility and shall include assessments of chemical dependency and risk behaviors for HIV infection and blood-borne viruses such as hepatitis B and C. If a resident has a documented complete written medical history within the previous 12 months, an update of the medical history is required, except as determined by a licensed health care professional; and

(3)a complete physical examination which shall be provided to each resident within seven days of initial admission to a secure facility and at yearly intervals thereafter. If a resident has documented evidence of a physical examination within the previous 12 months, a new physical examination is not required, except as determined by a licensed health care professional.

(b)Each resident’s physical examination shall be conducted by a physician, registered physician’s assistant, nurse practitioner or dentist, as appropriate, and shall include, but is not limited to:

(1)an examination of major body systems;

(2)Mantoux tuberculin skin test;

(3)sexually-transmitted infections screening;

(4)a dental examination provided by a licensed dentist within 14 days of initial admission;

(5)where clinically indicated, screening tests including, but not limited to:

(i)a urinalysis;

(ii)blood chemistry analysis to include lipid screen;

(iii)a chest radiograph;

(iv)a complete blood count with white blood cell differential count;

(v)a pregnancy test for female residents; and

(6)a cervical cytology (PAP test) for female residents when, in the medical judgment of the examining physician, registered physician’s assistant or nurse practitioner, such a screening is medically necessary and appropriate.

(c)The medical history document and/or medical problem list of each resident transferred between secure facilities shall be reviewed within 24 hours of the resident’s arrival at the receiving secure facility.

(d)All findings made by a health professional pursuant to subdivision (a) of this section shall be recorded and included in each resident’s permanent medical record. Such findings shall be legibly signed and dated by a physician, physician’s assistant or nurse practitioner, together with identification of professional title.

(e)OCFS shall require that all residents are orientated to the health care services available at each facility and to the correct procedures for using such services.

9 NYCRR 7410.10 - Ambulatory health care services

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)OCFS shall require each secure facility to provide access to ambulatory health care services (sick call).

(b)Each secure facility shall provide ambulatory services adequate to meet the needs of the resident population. No resident shall be denied access to sick call services.

(c)Treatment plans shall be formulated and implemented for all residents in need of continuing medical treatment on an ambulatory service basis. Such treatment plans shall provide for regular, periodic medical re-evaluation of such resident.

(d)OCFS shall require that each secure facility’s ambulatory services clinic provide sufficient space which shall include, but is not limited to:

(1)a storage area for medical records and medical supplies;

(2)adequate space and equipment to handle routine emergency situations;

(3)a private examination and treatment room; and

(4)an adequate waiting space if necessary.

(e)Ambulatory services clinics shall be located so that residents do not enter occupied infirmary areas.

(f)In newly constructed or renovated facilities, each ambulatory services clinic shall have at least two fully equipped lavatories available, one for staff use, and one for resident use.

(g)Every resident will have unimpeded access to health care service though sick call.

(h)The following elements are required for conducting general resident sick call:

(1)scheduled sick call access for all secure facility residents shall be at least three days per week;

(2)direct access to a health care provided;

(3)resident’s health record must be available during sick call process;

(4)shall be performed in an ambulatory service clinic; and

(5)residents shall be triaged and seen by a health care provider within 48 hours of the sick call request.

9 NYCRR 7410.11 - Possession of medication by residents

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)OCFS may develop and implement policies and procedures that govern the possession of medication by residents for whom medication is prescribed.

(b)All approvals for individual residents to keep a supply of medication in their possession shall be recorded by the facility medical director and recorded in the resident’s medical record.

9 NYCRR 7410.12 - Storage of medications

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)All medications shall be stored in a safe and secure manner consistent with the requirements of this section to insure control only by authorized personnel designated by the facility medical director.

(b)Each facility shall store all pharmaceuticals in sanitary, locked compartments under proper temperature controls.

(c)Each facility shall store controlled drugs, needles and syringes in separately locked, permanently affixed compartments in accordance with Part 80 of Title 10 NYCRR. Adequate records of administration of such drugs and stocks on hand, including perpetual inventory and shift count records, shall be maintained.

(d)Medications whose shelf life has expired or which are otherwise no longer in use shall be disposed of or destroyed in accordance with State and Federal laws and regulations.

9 NYCRR 7410.13 - Disposal of unused medications

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Unused resident controlled substance medication shall be disposed of in compliance with section 80.51 of Title 10 NYCRR.

9 NYCRR 7410.14 - Medical emergency services

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Each secure facility shall provide access to emergency services which permit the medical evaluation, treatment and disposition of medical emergency cases on a 24-hour basis each day.

(b)Each secure facility shall designate a primary and, if practicable, secondary certified or registered ambulance service. Such designations shall be documented and approved by OCFS.

(c)Each secure facility shall designate a primary and, if practicable, secondary nearby hospital emergency room to provide emergency medical services on a 24-hour basis each day. Such designations shall be recorded and approved by OCFS.

(d)Each secure facility shall develop security procedures providing for the timely medical transport of residents to a designated hospital emergency room.

(e)Residents requiring hospital emergency room service shall get personally presented at such emergency room for treatment. Every refusal of hospital emergency room service to residents so presented which, in the opinion of the agency medical director constitutes a violation of section 405.19(e) of Title 10, shall be reported in complaint form to the New York State Department of Health (DOH), Bureau of Hospital Services by such medical director.

(f)Every refusal by DOH certified or registered ambulance service to respond to a medical emergency at a secure facility shall be reported in complaint form by the agency medical director to DOH, Bureau of Emergency Medical Services.

(g)Each secure facility shall provide first aid kits adequate in number, distribution and content to meet the needs of security and health care staff as determined by the agency medical director.

(h)Direct care staff shall receive training and maintain certification in approved first aid and emergency life support techniques.

9 NYCRR 7410.15 - Hospital services

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Consistent with the requirements of this Part, OCFS shall provide access for all residents to the services of a hospital.

(b)Each secure facility shall designate, in writing, hospitals for acute care and outpatient hospital services adequate to meet the needs of the resident population.

(c)OCFS shall determine acute care hospital services needs, including future needs. In making such determination, OCFS shall take into account the utilization review activities as they relate to hospital services.

9 NYCRR 7410.16 - Quality assurance program

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

OCFS shall establish and maintain a formal, coordinated quality assurance program which periodically evaluates the health care delivery activities for each secure facility within the context of the overall health care delivery system for the purpose of enhancing the quality of resident-patient care and identifying and preventing medical and dental malpractice.

9 NYCRR 7410.17 - Skilled professional health care services

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

OCFS shall provide every total care patient access to skilled professional health care services.

9 NYCRR 7410.18 - Special diagnostic and therapeutic services

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)OCFS shall provide access to special diagnostic and therapeutic services provided by a qualified medical specialist to all residents as ordered by the facility medical director.

(b)OCFS shall require that:

(1)residents requiring emergency surgery are presented to an appropriate medical facility for such surgery immediately;

(2)residents requiring diagnostic surgery are presented to a appropriate medical facility for such surgery in a timely manner; and

(3)residents requiring elective surgery approved by the medical director to correct conditions determined by the medical director to be progressively deteriorating are presented to an appropriate medical facility for such surgery within a time span recommended by the medical director in each case, but in no event more than 120 days after completion of such pre-surgical approval in each case.

(c)At the discretion of the facility medical director, in consultation with the agency medical director, each resident who has completed a pre-surgical evaluation, or who is scheduled for surgery, shall be placed on a medical hold status.

(d)OCFS shall provide access to hemodialysis treatment for all residents the facility medical director determines require such treatment. Except during emergencies, residents shall be provided hemodialysis treatment only in hemodialysis centers which meet DOH operating standards.

(e)OCFS shall provide all residents access to optometrist services, including the provision of properly fabricated and fitted prescription eyeglasses for each resident the facility medical director determines is in need of such eyeglasses.

(f)OCFS shall provide access to medical prosthetic services, devices, and equipment to all residents who the facility medical director determines need such services, devices, and equipment.

(g)Scheduled trips by residents outside the confines of a secure facility for the purpose of health care treatment shall not be cancelled except as directed or approved by the facility director, or person acting that capacity, and only after consultation with a health care professional. A written explanation of the circumstances surrounding all such cancellations shall be recorded in the resident’s medical record.

9 NYCRR 7410.19 - Radiology services

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Each secure facility shall have access to radiology services adequate to make satisfactory X-rays as ordered by the facility medical director and sufficient to meet the needs of its population.

(b)All X-rays other than dental X-rays shall be interpreted by a board-eligible radiologist. Interpretations shall be recorded, signed and dated by the radiologist.

(c)Only licensed X-ray technicians shall operate facility radiology equipment except that dentists and dental hygienists under the supervision of a dentist may operate facility dental radiology equipment.

(d)All secure facility radiology equipment shall be licensed and registered by State or local authorities.

(e)A radiation physicist, other than OCFS staff, shall inspect each secure facility’s radiology equipment on an annual basis to provide that it is free of hazards for residents and staff members. Such inspections shall be recorded and forwarded to OCFS.

(f)OCFS shall establish a radiation protection program for each secure facility which operates radiology services.

(g)Facility radiology services shall be used solely for medical diagnostic purposes and only when ordered by a physician.

(h)OCFS shall establish a process for storing, identifying and promptly retrieving resident X-rays.

9 NYCRR 7410.20 - Laboratory services

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Each secure facility shall have access to licensed clinical laboratory services which meet clinical laboratory operating standards set forth by DOH sufficient to meet the needs of its population as ordered by the facility medical director.

(b)Clinical laboratory services shall be provided only by registered clinical laboratory technologists or physicians or as otherwise permitted by applicable Federal and NYS laws, rules and regulations.

9 NYCRR 7410.21 - Medical diets

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

OCFS shall require every secure facility to establish a program of prescription and provision of therapeutic nutrition as ordered by the facility medical director or dentist, for all residents in need of such program.

9 NYCRR 7410.22 - Experimentation and research

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)OCFS shall prohibit resident participation in medical, pharmaceutical or cosmetic experiments.

(b)Nothing in this section shall prohibit the provision of investigational therapies to residents in need of such medical therapies or their consensual participation in therapeutic research programs consistent with the requirements of this Part and article 24-A of the Public Health Law.

9 NYCRR 7410.23 - Medical records

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)A permanent individual medical record shall be established and maintained for every resident.

(b)All health care services provided to residents by facility health care staff or by independent health care providers shall be recorded in the medical record.

(c)Medical records shall contain sufficient information to justify the diagnosis and warrant the treatment and results.

(d)Each active resident medical record shall contain a current medical history and a written, regularly updated list of diagnosed medical problems located at the beginning of the record.

(e)OCFS shall maintain a professional review system which ensures that a representative sample of resident medical records in every facility is periodically reviewed for completeness and for quality of medical care based upon evidence in the medical record.

(f)OCFS shall provide each clinical health services authority with trained staff responsible for resident medical records.

(g)Each clinical health services authority shall maintain a system of storage and identification to ensure the prompt location and retrieval of every resident medical record.

(h)The medical record of every resident transferred between secure facilities shall be forwarded in a confidential manner, consistent with section 2782 of the Public Heath Law, with the resident at the time of transfer to the receiving secure facility. If, due to an emergency situation, it is not possible to forward the medical record at the time of a resident’s transfer, such record shall be forwarded to the receiving facility within 24 hours of the time of transfer.

(i)All resident medical records shall be safely and securely retained as required by law.

(j)All resident records shall be confidential and access to them restricted as required by law.

9 NYCRR 7410.24 - Isolation for contagious diseases

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Consistent with the requirements of this Part, each secure facility which operates an infirmary shall develop and implement procedures for medical isolation.

(b)There shall be at least one medical isolation room in each secure facility which operates a facility infirmary.

(c)Any resident admitted to a facility infirmary who the facility medical director determines may have an infectious reportable disease shall be placed in isolation.

9 NYCRR 7410.25 - Resident mortality

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Each secure facility shall report the death of any resident on its official count of residents to the Commission of Correction by telephonic facsimile, in a form and manner prescribed by the commission, within six hours of pronouncement of death.

(b)Each secure facility shall mail a certified copy of any deceased resident’s entire health care record to the commission within three days of pronouncement of death.

(c)Each secure facility shall immediately report the death of any resident on its official count of residents to the coroner or medical examiner having jurisdiction in the place where such resident is pronounced dead.

(d)OCFS shall not, absent approval of identifiable next of kin, dispose of resident remains by cremation.

9 NYCRR 7410.26 - HIV/AIDS

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

OCFS shall develop and implement written policy, procedure and practice that specify approved actions to be taken by staff concerning juveniles who have been diagnosed as HIV positive. This policy shall be consistent with article 27-F of the Public Health Law, and all other applicable laws, rules and regulations.

9 NYCRR 7410.27 - Emergency and disaster preparedness

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Each secure facility shall have in effect a written health services emergency and disaster preparedness plan. Written policy and procedure shall require that the health aspects of the facility’s disaster plan be approved by the clinical health services authority and the facility director. The emergency and disaster preparedness plan shall be reviewed and drilled annually. All review and drills shall be recorded.

9 NYCRR 7410.28 - Health systems records and data

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Nothing in this Part shall prevent access, including but not limited to telephonic consultation, by the commission, or any employee designated by the chairman of the commission, pertaining to any resident’s medical treatment, to any and all records maintained by OCFS or any secure facility, or to any information from any OCFS employee.

9 NYCRR 7410.29 - Education and training

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Each secure facility shall provide a formal orientation and training program for new health care staff which shall include an orientation to the secure facility and OCFS’ written policies and procedures for health services.

(b)A continuing training program appropriate to the position shall be provided for all health care staff member employed at each secure facility. Such continuing training program shall include, but is not limited to:

(1)training in physical assessment for registered professional nurses who conduct ambulatory clinic screening of residents;

(2)training in counseling, prevention education and clinical management protocols of HIV disease, including associated psychosocial aspects, provision of current effective therapies, associated techniques and infection control; and

(3)training in all aspects of the emergency and disaster preparedness plan required pursuant to section 7410.27 of this Part.

(c)OCFS shall require that all newly appointed secure facility staff obtain and maintain certification in cardio-pulmonary resuscitation provided or approved by a recognized health care training authority.

(d)OCFS shall develop and deliver in all secure facilities a formal continuing education and training program for residents and secure facility staff on the nature, transmission and detection of HIV illness.

(e)Each secure facility shall maintain written records of the education and training as required by this Part.

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