S T A T E O F N E W Y O R K
________________________________________________________________________
7626--A
2011-2012 Regular Sessions
I N A S S E M B L Y
May 11, 2011
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Mental Health -- recommitted to the Committee on Mental Health in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the mental hygiene law and the civil service law, in
relation to requiring drug testing for all potential officers, employ-
ees and volunteers of the office of mental health and the office for
people with developmental disabilities prior to employment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 7.23 of the mental hygiene law, as added by chapter
978 of the laws of 1977, is amended to read as follows:
S 7.23 Education, HIRING and training.
(a) The commissioner shall have the power to establish such programs
of training and education related to mental illness as he OR SHE shall
deem desirable.
(b) The director of each facility in the office of mental health with
the approval of the commissioner of mental health may establish and
supervise training and education programs for employees. Directors of
such facilities authorized to establish education or training programs
may enter into agreements with educational institutions to furnish such
education and training in whole or in part.
(c) The commissioner may grant leaves of absence to employees of the
office of mental health for the purpose of receiving training or educa-
tion for the better performance of their duties and, subject to the
approval of the director of the budget, may continue the salaries of
such employees, in full or in part, in an amount not to exceed
reimbursement for the loss of earnings while receiving such training.
(D) THE COMMISSIONER SHALL REQUIRE ANY POTENTIAL OFFICER AND EMPLOYEE
OF THE OFFICE AND ANY POTENTIAL FACILITY OFFICER AND EMPLOYEE, INCLUDING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10310-04-2
A. 7626--A 2
ANY VOLUNTEER THEREOF, TO SUBMIT TO A DRUG TEST AS HE OR SHE SHALL
DETERMINE BEFORE SUCH POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER IS ELIGI-
BLE TO COMMENCE EMPLOYMENT WITH THE OFFICE OR ANY FACILITY THEREOF.
SHOULD ANY POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER REFUSE SUCH DRUG
TEST, SUCH POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER SHALL NOT BE ELIGI-
BLE FOR EMPLOYMENT WITH THE OFFICE OR ANY FACILITY THEREOF.
S 2. Section 13.23 of the mental hygiene law, as added by chapter 978
of the laws of 1977 and subdivision (a) as amended by chapter 37 of the
laws of 2011, is amended to read as follows:
S 13.23 Education, HIRING and training programs.
(a) The commissioner shall have the power to establish such programs
of training and education related to developmental disabilities as he OR
SHE shall deem desirable.
(b) The director of each facility with the approval of the commission-
er may establish and supervise training and education programs for
employees. Directors of facilities authorized to establish training and
education programs may enter into agreements with educational insti-
tutions to furnish such training in whole or in part.
(c) The commissioner may grant leaves of absence to employees of the
office for the purpose of receiving training or education for the better
performance of their duties and, with the approval of the director of
the budget, may continue the salaries of such employees, in full or in
part, in an amount not to exceed reimbursement for the loss of earnings
while receiving such training.
(D) THE COMMISSIONER SHALL REQUIRE ANY POTENTIAL OFFICER AND EMPLOYEE
OF THE OFFICE AND ANY POTENTIAL FACILITY OFFICER AND EMPLOYEE, INCLUDING
ANY VOLUNTEER THEREOF, TO SUBMIT TO A DRUG TEST AS HE OR SHE SHALL
DETERMINE BEFORE SUCH POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER IS ELIGI-
BLE TO COMMENCE EMPLOYMENT WITH THE OFFICE OR ANY FACILITY THEREOF.
SHOULD ANY POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER REFUSE SUCH DRUG
TEST, SUCH POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER SHALL NOT BE ELIGI-
BLE FOR EMPLOYMENT WITH THE OFFICE OR ANY FACILITY THEREOF.
S 3. The civil service law is amended by adding a new section 153 to
read as follows:
S 153. DRUG TESTING REQUIRED FOR CERTAIN OFFICES. ALL POTENTIAL OFFI-
CERS, EMPLOYEES AND VOLUNTEERS AT ANY FACILITY OPERATED BY EITHER THE
OFFICE OF MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES SHALL, PRIOR TO THE COMMENCEMENT OF EMPLOYMENT, BE REQUIRED
TO SUBMIT TO A DRUG TEST AS THE COMMISSIONERS OF SUCH OFFICES SHALL
DETERMINE. SHOULD ANY POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER REFUSE
SUCH DRUG TEST, SUCH POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER SHALL NOT
BE ELIGIBLE FOR EMPLOYMENT WITH THE OFFICE OR ANY FACILITY THEREOF.
S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, 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.