N.Y. Comp. Codes R. & Regs. tit. 14 § 589.4

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

Section 589.4 - Definitions

For purposes of this Part terms used shall have the meanings identified in Part 501 of this Title and in accordance with the following:

(a) Admission criteria means those factors which are identified by the provider of service for use in determining an individual's eligibility for admission to a crisis residence program.

(b) Clinical staff means professional, para-professional and non-professional staff members who provide residential crisis services directly to recipients.

(c) Collaterals means an individual who is a member of the recipient's family or household, or other individual who interacts with the recipient and is directly affected by or has the capability of affecting their condition and is identified in the individual service plan as having a role in treatment and/or is necessary for participation in the evaluation and assessment of the recipient prior to admission.

(d) Co-occurring disorder means the diagnosis of at least one disorder in both of the following areas: substance use disorder (e.g. addiction, alcoholism, chemical dependency and drug abuse), mental health disorder (e.g. personality disorder; a mood disorder like depression, anxiety, or bipolar; schizophrenia; post-traumatic stress disorder).

(e) Crisis residence means a short-term residential program designed to provide residential and support services to persons with symptoms of mental illness who are at risk of or experiencing a psychiatric crisis.

(1) A Residential Crisis Support Program means a short-term residential program up to 28 days for individuals who are experiencing symptoms of mental illness, psychiatric crisis or are experiencing challenges in daily life that create risk for an escalation of psychiatric symptoms that cannot reasonably be managed in the person's home and/or community environment without onsite supports and do not pose likelihood of serious harm.

(2) An Intensive Crisis Residence Program means a short-term, residential and treatment program, up to 28 days for individuals who are experiencing a psychiatric crisis, which includes acute escalation of mental health symptoms and do not pose likelihood of serious harm.

(3) A Children's Crisis Residence Program means a short-term residential program, up to 21 days, which provides continuous monitoring and supervision as well as intensive crisis treatment and support for children who are at risk of experiencing a psychiatric crisis and do not pose likelihood of serious harm.

(f) Discharge criteria means those factors which are used to determine that a recipient is no longer in need of or eligible for treatment within a crisis residence program.

(g) Facility means any place in which services for the mentally ill are provided and which either requires an operating certificate under article 31 of the Mental Hygiene Law or is operated by the Office of Mental Health. In the case of a hospital as defined in article 28 of the Public Health Law, facility shall mean only that part of the hospital which is operated for the purpose of providing services for the mentally ill.

(h) Family means those members of the recipient's natural family, family or choice, or household who interact with the recipient and are directly affected by, or have the capability of affecting, the recipient's condition.

(i) Individual Service plan means a written plan based on the assessment of the mental health status and needs of a recipient, establishing their treatment and rehabilitative goals and determining what services may be provided to assist the recipient in accomplishing these goals.

(j) Likelihood of serious harm shall have the same meaning as the term is defined in section 9.01 of the Mental Hygiene Law.

(k) Mental illness means a health condition involving changes in behavior, emotion, thinking or judgment (or a combination of these) that are associated with distress and/or problems functioning in social, work or family activities.

(l) Medication management and training means activities which provide information to ensure appropriate management of medication through understanding the role and effects of medication in treatment, identification of side effects of medication and discussion of potential dangers of consuming other substances while on medication. Training in self-medication skills is also an appropriate activity when developmentally and clinically indicated.

(m) Medication monitoring means activities performed by staff which relate to storage, monitoring, recordkeeping, and supervision associated with the use of medication. Such activities include reviewing the appropriateness of an existing regimen by staff with the prescribing physician. Prescribing medication is not an activity included under this service.

(n) Medication therapy means the process of determining the medication to be utilized during the course of treatment; reviewing the appropriateness of the resident's existing medication regimen through review of the resident's medication record and consultation with the resident and, as appropriate, their family or guardian; prescribing and/or administering medication; and monitoring the effects and side effects of the medication on the resident's mental and physical health.

(o) Para-professional staff means individuals 18 years of age or older with a High School diploma or equivalent and 1-3 years of relevant experience or a bachelor's degree employed or under contract with a provider of services.

(p) Peer support specialist or peer means an individual who is a current or former recipient of mental health services who provide support for other service users through a model of shared personal experience. Peer support specialists may include: peer advocate, family peer advocate and youth peer advocate. Peers may seek certification and provide services that include but are not limited to: systems advocacy, prevention, outreach, engagement, hospital diversion, information, referral, self-health and peer support.

(q) Professional staff means practitioners possessing a license or a permit from the New York State Education Department who are qualified by credentials, training, and experience to provide direct services related to the treatment of mental illness.

(r) Psychiatric crisis means a situation that requires immediate attention in which a person with serious mental illness, as defined in Section 1.03 of the Mental Hygiene Law, cannot manage their mental health symptoms without de-escalation or intervention, or in which the challenges in daily life have resulted in, or are at risk of resulting in, an escalation in mental health symptoms.

(s) For the purposes of this Part qualified mental health staff person means:

(1) a physician who is currently licensed as a physician by the New York State Education Department;

(2) a psychiatrist is an individual who is currently licensed as a physician by the New York State Education Department, and is a diplomat of the American Board of Psychiatry and Neurology or is eligible to be certified by that board; or is certified by the American Osteopathic Board of Neurology and Psychiatry or is eligible to be certified by that board.

(3) a psychologist who is currently licensed as a psychologist by the New York State Education Department;

(4) a social worker who is either currently licensed as a licensed master social worker or as a licensed clinical social worker by the New York State Education Department or has a master's degree in social work from a program approved by the New York State Education Department;

(5) a registered nurse who is currently licensed as a registered professional nurse by the New York State Education Department, including Clinical Nurse Specialist;

(6) a creative arts therapist who is currently licensed as a creative arts therapist by the New York State Education Department;

(7) a marriage and family therapist who is currently licensed as a marriage and family therapist by the New York State Education Department;

(8) a mental health counselor who is currently licensed as a mental health counselor by the New York State Education Department;

(9) a psychoanalyst who is currently licensed as a psychoanalyst by the New York State Education Department;

(10) a nurse practitioner who is currently certified as a nurse practitioner by the New York State Education Department;

(11) an individual having education, experience and demonstrated competence, as defined below:

(i) a master's or bachelor's degree in a human services related field;

(ii) For Purposes of Residential Crisis Support and Intensive Crisis Support, the following are included as qualified mental health staff person:

(a) an associate's degree in a human services related field and three years' experience in human services;

(b) a high school degree including GED and five years' experience in human services; or

(c) a NYS certified peer specialist.

(13) a certified rehabilitation counselor currently certified by The Commission on Rehabilitation Counselor Certification (CRCC); or

(14) other professional disciplines which receive the written approval of the Office of Mental Health.

(t) Recipient means a person who is receiving services at a crisis residence.

(u) Self-preservation means that an individual has sufficient:

(1) capacity to recognize the physical danger of fire;

(2) judgment to recognize when such danger requires immediate egress from the residence;

(3) capacity to follow a prescribed route of egress; and

(4) physical mobility to accomplish such egress.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 589.4

Amended New York State Register June 26, 2019/Volume XLI, Issue 26, eff. 6/26/2019