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Assembly Bill A6764

2009-2010 Legislative Session

Prohibits direct care employees of mental retardation and developmental disabilities residential facilities from working more than 16 consecutive hours

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Archive: Last Bill Status - In Assembly Committee

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2009-A6764 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง13.19, Ment Hyg L

2009-A6764 (ACTIVE) - Summary

Prohibits direct care employees of mental retardation and developmental disabilities residential facilities from working more than 16 consecutive hours during any 5 day work period, except during extraordinary emergency, including fire, flood or danger to life or property.

2009-A6764 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6764

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by  M.  of  A.  GORDON, P. RIVERA, LANCMAN, MILLMAN, REILLY,
  WEISENBERG, JAFFEE, SPANO, MAISEL,  N. RIVERA,  GOTTFRIED,  MAYERSOHN,
  McENENY,  PEOPLES,  SCHIMEL,  DUPREY  -- read once and referred to the
  Committee on Mental Health, Mental Retardation and Developmental Disa-
  bilities

AN ACT to amend the mental hygiene law, in relation to the safe staffing
  of  mental  retardation  and  developmental  disabilities  residential
  facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 13.19 of the mental  hygiene  law  is  amended  by
adding a new subdivision (f) to read as follows:
  (F)  THE COMMISSIONER SHALL PROMULGATE REGULATIONS WHICH ESTABLISH AND
ENSURE SAFE AND APPROPRIATE  STAFFING  LEVELS  IN  RESIDENTIAL  PROGRAMS
OPERATED  OR  CERTIFIED BY THE OFFICE OF MENTAL RETARDATION AND DEVELOP-
MENTAL DISABILITIES. PROVIDED, FURTHER, HOWEVER,  THAT  NO  DIRECT  CARE
EMPLOYEE  OF A RESIDENTIAL FACILITY OPERATED OR CERTIFIED BY SUCH OFFICE
MAY WORK MORE THAN SIXTEEN CONSECUTIVE HOURS IN ANY FIVE DAY WORK  PERI-
OD,  EXCEPT IN CASES OF EXTRAORDINARY EMERGENCY INCLUDING FIRE, FLOOD OR
DANGER TO LIFE OR PROPERTY.   FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,
"DIRECT CARE EMPLOYEE" MEANS AN EMPLOYEE WHOSE PRIMARY RESPONSIBILITY IS
THE  DAILY  CARE  OF, SUPERVISION OF AND INTERACTION WITH RESIDENTS OF A
RESIDENTIAL FACILITY OPERATED BY OR CERTIFIED BY THE  OFFICE  OF  MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07061-01-9

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