S T A T E O F N E W Y O R K
________________________________________________________________________
7878
2009-2010 Regular Sessions
I N A S S E M B L Y
April 28, 2009
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Introduced by M. of A. HOYT, SCHROEDER -- 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 safety provisions
for employees of the office of mental health
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 7.25 of the mental hygiene law is amended by adding
two new subdivisions (c) and (d) to read as follows:
(C) IN ANY OUTPATIENT PROGRAM STAFFED IN WHOLE OR IN PART BY EMPLOYEES
OF THE OFFICE OF MENTAL HEALTH, THE COMMISSIONER SHALL DIRECT THAT NO
EMPLOYEE SHALL BE REQUIRED TO ENTER THE RESIDENCE OF A RECIPIENT OF
SERVICES WHO IS A PERSON WITH SERIOUS MENTAL ILLNESS AS DEFINED IN
SUBDIVISION FIFTY-TWO OF SECTION 1.03 OF THIS CHAPTER UNLESS SUCH
EMPLOYEE IS ACCOMPANIED BY AT LEAST ONE OTHER EMPLOYEE OF THE PROGRAM,
OR OTHER APPROPRIATE PERSON. THE COMMISSIONER SHALL ALSO DIRECT THAT
ALL SUCH EMPLOYEES SHALL, WHEN THEY ARE REQUIRED TO ENTER THE RESIDENCE
OF A RECIPIENT OF SERVICES, BE SUPPLIED WITH A WIRELESS TELEPHONE OR
COMPARABLE DEVICE FOR THE PURPOSES OF EMERGENCY COMMUNICATIONS.
(D) THE COMMISSIONER SHALL DIRECT THAT ALL EMPLOYEES OF THE OFFICE OF
MENTAL HEALTH SERVING AS INTENSIVE CASE MANAGERS SHALL RECEIVE ANNUAL
TRAINING IN SAFETY AND VIOLENCE PREVENTION AND SHALL INSURE THAT SUCH
TRAINING IS MADE AVAILABLE BY THE OFFICE AFTER CONSULTATION WITH THE
EMPLOYEE ORGANIZATIONS REPRESENTING SUCH EMPLOYEES. FUNDS APPROPRIATED
TO THE OFFICE OF MENTAL HEALTH FOR THE OPERATION OF OUTPATIENT PROGRAMS
SHALL BE EXPENDED BY THE OFFICE OF MENTAL HEALTH TO INSURE THAT SUFFI-
CIENT STAFF SHALL BE EMPLOYED AS INTENSIVE CASE MANAGERS TO INSURE THAT
THERE SHALL BE NO FEWER THAN ONE INTENSIVE CASE MANAGER FOR EACH TWELVE
PERSONS RECEIVING SERVICES OF INTENSIVE CASE MANAGEMENT; AND IN THE CASE
OF ASSERTIVE COMMUNITY TREATMENT TEAMS THE SAME STAFF TO CONSUMER RATIO
SHALL BE MAINTAINED. IN THE EVENT ANY SUCH STAFF POSITIONS BECOME
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06146-01-9
A. 7878 2
VACANT, THE COMMISSIONER AND THE DIVISION OF BUDGET SHALL CAUSE SUCH
POSITIONS TO BE PROMPTLY FILLED IN ORDER TO MAINTAIN AT LEAST SUCH RATIO
OF STAFF TO RECIPIENTS.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.