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Assembly Bill A8127A

2011-2012 Legislative Session

Relates to limiting the work week of direct care workers

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2011-A8127 - Details

See Senate Version of this Bill:
S5716
Current Committee:
Assembly Ways And Means
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.19, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6085, S5281
2015-2016: A8498
2017-2018: A3814
2019-2020: A2760

2011-A8127 - Summary

Relates to limiting the work week of direct care workers.

2011-A8127 - Bill Text download pdf 

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

                                  8127

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 2, 2011
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Mental Health

AN ACT to amend the mental hygiene law, in relation to limiting the work
  week and double shifts of employees

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

  Section 1. Section 5.05 of the mental hygiene law is amended by adding
a new subdivision (e) to read as follows:
  (E)  THE  COMMISSIONER  OF MENTAL HEALTH, THE COMMISSIONER OF DEVELOP-
MENTAL DISABILITIES AND THE COMMISSIONER  OF  ALCOHOLISM  AND  SUBSTANCE
ABUSE  SERVICES  SHALL  ESTABLISH REGULATIONS TO LIMIT THE WORK WEEK FOR
ALL EMPLOYEES OF SUCH  OFFICES,  INCLUDING  EMPLOYEES  OF  PROVIDERS  OF
SERVICES FOR SUCH OFFICES AS DEFINED IN SUBDIVISION FIVE OF SECTION 1.03
OF  THIS  CHAPTER,  TO SIXTY HOURS. ADDITIONALLY, THE COMMISSIONER SHALL
ESTABLISH REGULATIONS TO PREVENT SUCH EMPLOYEES FROM WORKING CONSECUTIVE
DOUBLE SHIFTS AND FROM WORKING MORE THAN  TWO  DOUBLE  SHIFTS  WITHIN  A
CONSECUTIVE SEVEN DAY WORK WEEK.
  S  2.  This  act  shall take effect on the sixtieth 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.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11758-01-1

co-Sponsors

2011-A8127A (ACTIVE) - Details

See Senate Version of this Bill:
S5716
Current Committee:
Assembly Ways And Means
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.19, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6085, S5281
2015-2016: A8498
2017-2018: A3814
2019-2020: A2760

2011-A8127A (ACTIVE) - Summary

Relates to limiting the work week of direct care workers.

2011-A8127A (ACTIVE) - Bill Text download pdf 

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

                                 8127--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 2, 2011
                               ___________

Introduced by M. of A. ORTIZ, P. RIVERA -- read once and referred to the
  Committee  on  Mental  Health  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to limiting the work
  week of direct care workers

  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) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO PROVIDER OPERATING A
FACILITY LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE SHALL REQUIRE  A
DIRECT  CARE  WORKER  TO  WORK MORE THAN SIXTY HOURS IN A SEVEN DAY WORK
WEEK EXCEPT IN CASES  OF  EXTRAORDINARY  EMERGENCY  INCLUDING,  BUT  NOT
LIMITED TO, FIRE, FLOOD, OR DANGER TO LIFE OR PROPERTY. FOR THE PURPOSES
OF  THIS  SUBDIVISION, "DIRECT CARE WORKER" SHALL MEAN AN EMPLOYEE WHOSE
PRIMARY RESPONSIBILITY IS THE DAILY CARE OF, SUPERVISION OF, AND  INTER-
ACTION  WITH  RESIDENTS OF A RESIDENTIAL FACILITY LICENSED, OPERATED, OR
CERTIFIED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
  S 2. 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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11758-02-1

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