S T A T E O F N E W Y O R K
________________________________________________________________________
3478
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
___________
Introduced by M. of A. P. RIVERA, JAFFEE, LUPARDO, SCHROEDER -- read
once and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to the training of
boards of directors or trustees of certain voluntary not-for-profit
facilities or corporations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 7.09 of the mental hygiene law is amended by
adding a new subdivision (k) to read as follows:
(K) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING
THAT BOARDS OF DIRECTORS OF VOLUNTARY NOT-FOR-PROFIT AGENCIES WHICH ARE
LICENSED BY, FUNDED BY OR UNDER CONTRACT WITH THE OFFICE, WITH THE
EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW, SHALL ADOPT POLICIES AND GUIDELINES WITH REGARD TO
OPERATING PROCEDURES IN THE EVENT OF EMERGENCY SITUATIONS AFFECTING THE
HEALTH OR SAFETY OF INDIVIDUALS WITH DISABILITIES SERVED BY THE AGENCY
OR THE FISCAL VIABILITY OR INTEGRITY OF THE AGENCY.
S 2. The section heading and subdivision (a) of section 7.39 of the
mental hygiene law, as added by chapter 800 of the laws of 1986, are
amended and a new subdivision (a-1) is added to read as follows:
Registration, TRAINING and notification of boards of directors or
trustees of certain voluntary not-for-profit facilities or corporations.
(a) Notwithstanding any other law, rule or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration or facility which is subject to the jurisdiction of the office
[of mental health] shall furnish annually to the commissioner a list of
the names and addresses of the current members of the board of directors
or trustees of such facility or corporation TOGETHER WITH THE LAST DATE
OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIRE-
MENTS. HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF TRAIN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00426-01-1
A. 3478 2
ING REQUIREMENTS TO THE COMMISSIONER. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO EXEMPT SUCH HOSPITALS FROM THE APPLICABLE REQUIREMENTS OF
THE PUBLIC HEALTH LAW. Failure to furnish [such] AN annual list [shall]
OF NAMES AND ADDRESSES OF CURRENT MEMBERS OF THE BOARD OF DIRECTORS OR
TRUSTEES MAY remove such facility or corporation from consideration for
recertification.
(A-1) THE OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST,
TWO THOUSAND TWELVE MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE
BOARD OF DIRECTORS OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPO-
RATION OR FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE,
WITH THE EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW. SUCH INITIAL TRAINING SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FIDUCIARY RESPONSIBILITIES OF BEING
A BOARD MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH THE
TOOLS AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACI-
TY.
S 3. The section heading and subdivision (a) of section 13.39 of the
mental hygiene law, the section heading as added by chapter 800 of the
laws of 1986 and subdivision (a) as amended by chapter 168 of the laws
of 2010, are amended and a new subdivision (a-1) is added to read as
follows:
Registration, TRAINING and notification of boards of directors or
trustees of certain voluntary not-for-profit facilities or corporations.
(a) Notwithstanding any other law, rule or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration or facility which is subject to the jurisdiction of the office
[for people with developmental disabilities], WITH THE EXCEPTION OF
HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
LAW, shall furnish annually to the commissioner a list of the names and
addresses of the current members of the board of directors or trustees
of such facility or corporation TOGETHER WITH THE LAST DATE OF THE
CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIREMENTS.
HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF TRAINING REQUIREMENTS
TO THE COMMISSIONER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
EXEMPT SUCH HOSPITALS FROM THE APPLICABLE REQUIREMENTS OF THE PUBLIC
HEALTH LAW. Failure to furnish [such] AN annual list [shall] OF NAMES
AND ADDRESSES OF CURRENT MEMBERS OF THE BOARD OF DIRECTORS OR TRUSTEES
MAY remove such facility or corporation from consideration for recertif-
ication.
(A-1) THE OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST,
TWO THOUSAND TWELVE MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE
BOARD OF DIRECTORS OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPO-
RATION OR FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE,
WITH THE EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW. SUCH INITIAL TRAINING SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FIDUCIARY RESPONSIBILITIES OF BEING
A BOARD MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH THE
TOOLS AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACI-
TY.
S 4. Section 13.09 of the mental hygiene law is amended by adding a
new subdivision (h) to read as follows:
(H) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING
THAT BOARDS OF DIRECTORS OF VOLUNTARY NOT-FOR-PROFIT AGENCIES WHICH ARE
LICENSED BY, FUNDED BY OR UNDER CONTRACT WITH THE OFFICE, WITH THE
EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
A. 3478 3
PUBLIC HEALTH LAW, SHALL ADOPT POLICIES AND GUIDELINES WITH REGARD TO
OPERATING PROCEDURES IN THE EVENT OF EMERGENCY SITUATIONS AFFECTING THE
HEALTH OR SAFETY OF INDIVIDUALS WITH DISABILITIES SERVED BY THE AGENCY
OR THE FISCAL VIABILITY OR INTEGRITY OF THE AGENCY.
S 5. The section heading and subdivision (a) of section 32.37 of the
mental hygiene law, as added by chapter 558 of the laws of 1999, are
amended and a new subdivision (a-1) is added to read as follows:
Registration, TRAINING and notification of boards of directors
or trustees of certain voluntary not-for-profit facilities or
corporations.
(a) Notwithstanding any other law, rule, or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration which has been issued an operating certificate by or has received
funding from the office of alcoholism and substance abuse services, WITH
THE EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF
THE PUBLIC HEALTH LAW, shall furnish annually to the commissioner of
such office a list of the names and addresses of the current members of
the board of directors or trustees of such corporation TOGETHER WITH THE
LAST DATE OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAIN-
ING REQUIREMENTS. HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT
OF THE PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF
TRAINING REQUIREMENTS TO THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO EXEMPT
SUCH HOSPITALS FROM THE APPLICABLE REQUIREMENTS OF THE PUBLIC HEALTH
LAW. Failure to furnish [such] AN annual list OF NAMES AND ADDRESSES OF
CURRENT MEMBERS OF THE BOARD OF DIRECTORS OR TRUSTEES may remove such
corporation from consideration for recertification or refunding.
(A-1) THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL
ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST, TWO THOUSAND TWELVE MINI-
MUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE BOARD OF DIRECTORS OR
TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPORATION OR FACILITY WHICH IS
SUBJECT TO THE JURISDICTION OF SUCH OFFICE, WITH THE EXCEPTION OF HOSPI-
TALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
SUCH INITIAL TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FIDUCI-
ARY RESPONSIBILITIES OF BEING A BOARD MEMBER OR TRUSTEE AND SHALL
PROVIDE MEMBERS OR TRUSTEES WITH THE TOOLS AND BEST PRACTICES NECESSARY
TO EFFECTIVELY SERVE IN SUCH CAPACITY.
S 6. Section 19.09 of the mental hygiene law is amended by adding a
new subdivision (i) to read as follows:
(I) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING
THE BOARDS OF DIRECTORS OF VOLUNTARY NOT-FOR-PROFIT AGENCIES WHICH ARE
LICENSED BY, FUNDED BY OR UNDER CONTRACT WITH THE OFFICE, WITH THE
EXCEPTION OF HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW, TO ADOPT POLICIES AND GUIDELINES WITH REGARD TO OPER-
ATING PROCEDURES IN THE EVENT OF EMERGENCY SITUATIONS AFFECTING THE
HEALTH OR SAFETY OF INDIVIDUALS WITH DISABILITIES SERVED BY THE AGENCY
OR THE FISCAL VIABILITY OR INTEGRITY OF THE AGENCY.
S 7. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.