S T A T E O F N E W Y O R K
________________________________________________________________________
6649
2011-2012 Regular Sessions
I N A S S E M B L Y
March 24, 2011
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Introduced by M. of A. BRENNAN, JAFFEE, BOYLAND, SCHROEDER, BENEDETTO --
Multi-Sponsored by -- M. of A. COLTON, GIBSON, HOOPER, JACOBS, LUPAR-
DO, MENG, PERRY, PHEFFER, P. RIVERA, WRIGHT -- read once and referred
to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to establishing
minimum staffing ratios in facilities operated under the jurisdiction
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. The mental hygiene law is amended by adding a new section
7.45 to read as follows:
S 7.45 MINIMUM STAFFING RATIOS.
(A) AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
1. "SHORT STAY PATIENT" SHALL MEAN A DIRECT ADMISSION OR INDIRECT
ADMISSION PATIENT WITHIN A FACILITY UNDER THE JURISDICTION OF THE
OFFICE.
2. "SPECIALIZED CARE PATIENT" SHALL MEAN A PATIENT, WITHIN A FACILITY
OPERATED UNDER THE JURISDICTION OF THE OFFICE, RECEIVING ANY ONE OR
COMBINATION OF SECURE CARE SERVICES, INFIRMARY SERVICES, DEAFNESS
SERVICES OR INTENSIVE REHABILITATIVE SERVICES. FOR THE PURPOSES OF CLAS-
SIFICATION, MULTIPLY DISABLED PATIENTS OR PATIENTS REFERRED TO A FACILI-
TY BY THE DEPARTMENT OF CORRECTIONS, THE OFFICE OF CHILDREN AND FAMILY
SERVICES OR BY COURT ORDER SHALL ALSO BE DESIGNATED AS SPECIALIZED CARE
PATIENTS.
3. "EXTENDED CARE PATIENT" SHALL MEAN A PATIENT, WITHIN A FACILITY
OPERATED UNDER THE JURISDICTION OF THE OFFICE, RECEIVING GERIATRIC CARE
OR REHABILITATIVE CARE.
4. "SHORT STAY UNIT" SHALL BE A UNIT, OPERATED WITHIN A FACILITY UNDER
THE JURISDICTION OF THE OFFICE, THAT INCLUDES AT LEAST ONE SHORT STAY
PATIENT AS DEFINED IN PARAGRAPH ONE OF THIS SUBDIVISION.
5. "SPECIALIZED CARE UNIT" SHALL BE A UNIT, OPERATED WITHIN A FACILITY
UNDER THE JURISDICTION OF THE OFFICE, THAT INCLUDES AT LEAST ONE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10220-01-1
A. 6649 2
SPECIALIZED CARE PATIENT, AS DEFINED IN PARAGRAPH TWO OF THIS SUBDIVI-
SION.
6. "EXTENDED CARE UNIT" SHALL BE A UNIT OPERATED WITHIN A FACILITY
UNDER THE JURISDICTION OF THE OFFICE THAT INCLUDES AT LEAST ONE EXTENDED
CARE PATIENT AS DEFINED IN PARAGRAPH THREE OF THIS SUBDIVISION.
7. "DIRECT CARE WORKFORCE" SHALL INCLUDE THE DISCIPLINES OF LICENSED
PRACTICAL NURSE, SUPERVISING LICENSED PRACTICAL NURSE, MENTAL HEALTH
THERAPY AIDE, MENTAL HYGIENE THERAPY ASSISTANT I, MENTAL HYGIENE THERAPY
ASSISTANT II, MENTAL HYGIENE WARD AIDE, SECURE CARE TREATMENT AIDE I,
SECURE CARE TREATMENT AIDE II, REGISTERED NURSE, PHYSICIAN, PSYCHIA-
TRIST, PSYCHOLOGIST, SOCIAL WORKER, RECREATION THERAPIST, AND REHABILI-
TATION COUNSELOR.
8. "STAFFING RATIO" SHALL MEAN THE RATIO OF DIRECT CARE EMPLOYEES TO
THE ACTUAL NUMBER OF PATIENTS WITHIN A SHORT STAY UNIT, SPECIALIZED CARE
UNIT OR EXTENDED CARE UNIT. FOR THE PURPOSES OF DETERMINING STAFFING
RATIOS PURSUANT TO THIS SECTION, "DIRECT CARE EMPLOYEE" SHALL INCLUDE
TWO CATEGORIES. CATEGORY ONE SHALL INCLUDE THE TITLES OF LICENSED PRAC-
TICAL NURSE, SUPERVISING LICENSED PRACTICAL NURSE, MENTAL HEALTH THERA-
PY AIDE, MENTAL HYGIENE THERAPY ASSISTANT I, MENTAL HYGIENE THERAPY
ASSISTANT II, MENTAL HYGIENE WARD AIDE, SECURE CARE TREATMENT AIDE I,
SECURE CARE TREATMENT AIDE II. CATEGORY TWO SHALL INCLUDE THE DISCI-
PLINES OF PHYSICIAN, PSYCHIATRIST, PSYCHOLOGIST, SOCIAL WORKER, REGIS-
TERED NURSE, RECREATION THERAPIST, AND REHABILITATION COUNSELOR.
(B) FOR THE PURPOSES OF ESTABLISHING STAFFING RATIOS, EVERY PATIENT
WITHIN A FACILITY OPERATED UNDER THE JURISDICTION OF THE OFFICE SHALL BE
CLASSIFIED AS A SHORT STAY, SPECIALIZED CARE OR EXTENDED CARE PATIENT,
AND ASSIGNED TO A CORRESPONDING SHORT STAY UNIT, SPECIALIZED CARE UNIT
OR EXTENDED CARE UNIT. FOR THE PURPOSES OF CLASSIFICATION, THE CHARAC-
TERISTICS OF THE PATIENTS NEEDING THE MOST INTENSIVE CARE SHALL BE
UTILIZED IN DETERMINING THE CLASSIFICATION OF THE ENTIRE UNIT. NOTHING
HEREIN SHALL BE CONSTRUED TO DIMINISH OR CHANGE THE ABILITY OF THE
OFFICE TO DETERMINE APPROPRIATE TREATMENT, DIAGNOSIS, ADMISSION PROCE-
DURES OR PLACEMENT WITHIN A FACILITY FOR ANY PATIENTS.
(C) 1. ANY UNIT WHICH IS CLASSIFIED AS A SHORT STAY UNIT OR AN
EXTENDED CARE UNIT SHALL MAINTAIN A STAFF TO PATIENT RATIO OF NO LESS
THAN 1.2 TO 1 FOR CATEGORY ONE EMPLOYEES AND A RATIO OF .4 TO 1 FOR
CATEGORY TWO EMPLOYEES AND SHALL BE LIMITED TO TWENTY-FIVE PATIENTS.
2. ANY UNIT WHICH IS CLASSIFIED AS A SPECIALIZED CARE UNIT SHALL MAIN-
TAIN A STAFF TO PATIENT RATIO OF NO LESS THAN 1.6 TO 1 FOR CATEGORY ONE
EMPLOYEES AND A RATIO OF .6 TO 1 FOR CATEGORY TWO EMPLOYEES AND SHALL BE
LIMITED TO TWENTY PATIENTS.
3. NOTHING HEREIN SHALL BE CONSTRUED TO PREVENT THE OFFICE FROM RAIS-
ING THE STAFFING LEVELS DUE TO THE ACUITY LEVEL OF EACH WARD.
(D) THE OFFICE SHALL, AT LEAST ONCE EVERY QUARTER, PUBLISH THE STAFF-
ING RATIOS OF EACH FACILITY UNDER ITS JURISDICTION. SUCH PUBLICATION
SHALL INCLUDE THE NUMBER OF PATIENTS WITHIN EACH UNIT, THE SPECIFIC
CLASSIFICATION OF EACH PATIENT, AND THE SPECIFIC TITLES OF DIRECT CARE
STAFF ASSIGNED TO SUCH UNIT. SUCH PUBLICATION SHALL ALSO INCLUDE A
COMPARISON OF THE CURRENT STAFFING RATIOS TO THE PREVIOUS QUARTER'S
STAFFING RATIOS. THE FIRST SUCH PUBLICATION SHALL BE SUBMITTED TO THE
GOVERNOR AND THE CHAIRPERSONS OF THE SENATE AND ASSEMBLY MENTAL HEALTH
COMMITTEES ON OR BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN. SUCH PUBLI-
CATIONS SHALL BE SUBMITTED QUARTERLY THEREAFTER.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.