NY State Senate Bill 2011-S3068

Senate Bill S3068

2011-2012 Legislative Session

Relates to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2012	print number 3068a
Jan 05, 2012	amend and recommit to alcoholism and drug abuse
Jan 04, 2012	referred to alcoholism and drug abuse
May 09, 2011	reported and committed to finance
Feb 23, 2011	committee discharged and committed to alcoholism and drug abuse
Feb 08, 2011	referred to mental health and developmental disabilities

Votes

- May 9, 2011 - Committee Vote
  S3068
  
  3
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 9, 2011
      
      aye (3)
      
      Breslin
      
      Huntley
      
      Klein
      
      aye wr (3)
      
      Bonacic
      
      Hannon
      
      McDonald

Bill Amendments

Original

A (Active)

2011-S3068 - Details

Current Committee:: Senate Alcoholism And Drug Abuse
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.39, 13.39 & 32.37, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5596
2013-2014: S1462
2015-2016: S2914
2017-2018: S3593
2019-2020: S4892

2011-S3068 - Summary

Relates to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations.

2011-S3068 - Sponsor Memo

                                BILL NUMBER:S3068              REVISED 05/09/11

TITLE OF BILL:
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

PURPOSE:
This legislation would direct OPWDD, OMH and OASAS to establish
minimum 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 the offices, with
the exception of article 28 hospitals. Training would 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
capacity.

SUMMARY OF PROVISIONS:
Section One of the bill amends section 7.39(a) of the mental hygiene
law to require OMH to establish minimum training requirements by
October 31, 2012 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 the office, with the exception of
article 28 hospitals, and that the latest date of the member's

completion of the training requirements shall be included in the list
of board members that the agencies must give to OMH annually.

Section two of the bill amends section 13.39 (a) of the mental hygiene
law to provide that the Office of Mental Retardation and
Developmental Disabilities (OPWDD) shall establish no later than
October 31, 2012 minimum 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 the
office, with the exception of article 28 hospitals, and that the
latest date of the member's completion of the training requirements
shall be included in the list of board members that the agencies must
give to OPWDD annually.

Section three of the bill amends section 32.37 of the mental hygiene
law to require OASAS to establish minimum training requirements by
October 31, 2012 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 the office, with the exception of
article 28 hospitals, and that the latest date of the member's
completion of the training requirements shall be included in the list
of board members that the agencies must give to OASAS annually.
Section four of the bill provides for an effective date on the 90th
day after it shall have become law,
provided that effective immediately changes to the rules or
regulations necessary for the implementation of this act may be made.

JUSTIFICATION:
While the vast majority of facilities providing care to New York
State's developmentally disabled, mentally ill and chemically


dependent individuals do an outstanding job, on occasion facilities
have been found to have safety, quality of care and fiscal
mismanagement issues. Recent investigations by the Commission on
Quality of Care and Advocacy for Persons with Disabilities (CQCAPD)
have once again highlighted problems that can occur. For example,
CQC's report on its investigation of the Evelyn Douglin Center found
widespread fiscal mismanagement of public funds by the Executive
Director and further found that "the agency's Board of Directors
failed in its fiduciary duty to closely monitor the executive
director and hold him accountable for the management of the agency."

Boards of Directors play a very important role in overseeing the
agencies that are responsible for the care of some of our society's
most vulnerable individuals and spending millions of dollars in
public Medicaid funds in the process. While various training
opportunity are available to boards and board members, there are no
minimum training requirements in place for board members and no way
to know if board members have ever had any training. It is not always
easy to find individuals willing and able to serve on agency Board of
Directors. Often parents and other concerned citizens agree to serve
on a board not recognizing the fiduciary and ethical responsibility
they are taking on. Furthermore, parents who are board members can
have the uncomfortable position of questioning an agencies'
management only to worry about how it may affect their child who is a
resident.

The recent reports of CQCAPD have highlighted the need for some
minimum level of board training on the fiduciary and other
responsibilities members hold as well as knowledge of the tools and
best practices that are available to effectively serve in such a
capacity. Such training should be completed as soon as possible for
new board members and should be required of existing board members
who have not yet completed similar training. This would go a long way
toward ensuring that boards do not serve merely as rubber stamps of
an agencies' or executive director's actions but play an active role
in overseeing the agency and ensuring the well being of it and its
residents.

LEGISLATIVE HISTORY:
A similar bill was vetoed in 2008. This is a new bill to address
concerns raise in veto message
169 of 2008.

2010: S.5596 - Referred to Mental Health & Developmental Disabilities

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
Ninety days after it shall become law provided that effective
immediately changes to the rules or regulations necessary for the
implementation of this act may be made.

2011-S3068 - Bill Text download pdf

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

                                  3068

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

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.  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-
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 OF
NAMES AND ADDRESSES OF CURRENT MEMBERS OF  THE  BOARD  OF  DIRECTORS  OR
TRUSTEES  shall  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00426-02-1

S. 3068                             2

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 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 CAPACITY.
  S  2.  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] 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 corpo-
ration  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 OF NAMES AND ADDRESSES OF CURRENT MEMBERS  OF  THE
BOARD OF DIRECTORS OR TRUSTEES shall 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 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 CAPACITY.
  S  3.  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 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 trus-
tees of such corporation TOGETHER WITH THE  LAST  DATE  OF  THE  CURRENT
MEMBERS'  OR  TRUSTEES' COMPLETION OF THE TRAINING REQUIREMENTS.  HOSPI-
TALS 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

S. 3068                             3

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 FACILITY OR 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  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 CAPACITY.
  S 4. 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.

2011-S3068A (ACTIVE) - Details

Current Committee:: Senate Alcoholism And Drug Abuse
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.39, 13.39 & 32.37, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5596
2013-2014: S1462
2015-2016: S2914
2017-2018: S3593
2019-2020: S4892

2011-S3068A (ACTIVE) - Summary

Relates to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations.

2011-S3068A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3068A

TITLE OF BILL:
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

PURPOSE:
This legislation would direct OPWDD, OMH and OASAS to establish
minimum 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 the offices, with
the exception of article 28 hospitals. Training would 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
capacity.

SUMMARY OF PROVISIONS:
Section One of the bill amends section 7.39(a) of the mental hygiene
law to require OMH to establish minimum training requirements by
October 31, 2012 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 the office, with the exception of
article 28 hospitals, and that the latest date of the member's

completion of the training requirements shall be included in the list
of board members that the agencies must give to OMH annually.

Section two of the bill amends section 13.39 (a) of the mental hygiene
law to provide that the Office of Mental Retardation and
Developmental Disabilities (OPWDD) shall establish no later than
October 31, 2012 minimum 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 the
office, with the exception of article 28 hospitals, and that the
latest date of the member's completion of the training requirements
shall be included in the list of board members that the agencies must
give to OPWDD annually.

Section three of the bill amends section 32.37 of the mental hygiene
law to require OASAS to establish minimum training requirements by
October 31, 2012 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 the office, with the exception of
article 28 hospitals, and that the latest date of the member's
completion of the training requirements shall be included in the list
of board members that the agencies must give to OASAS annually.
Section four of the bill provides for an effective date on the 90th
day after it shall have become law,

provided that effective immediately changes to the rules or
regulations necessary for the implementation of this act may be made.

JUSTIFICATION:
While the vast majority of facilities providing care to New York
State's developmentally disabled, mentally ill and chemically
dependent individuals do an outstanding job, on occasion facilities
have been found to have safety, quality of care and fiscal
mismanagement issues. Recent investigations by the Commission on
Quality of Care and Advocacy for Persons with Disabilities (CQCAPD)
have once again highlighted problems that can occur. For example,
CQC's report on its investigation of the Evelyn Douglin Center found
widespread fiscal mismanagement of public funds by the Executive
Director and further found that "the agency's Board of Directors
failed in its fiduciary duty to closely monitor the executive
director and hold him accountable for the management of the agency."

Boards of Directors play a very important role in overseeing the
agencies that are responsible for the care of some of our society's
most vulnerable individuals and spending millions of dollars in
public Medicaid funds in the process. While various training
opportunity are available to boards and board members, there are no
minimum training requirements in place for board members and no way
to know if board members have ever had any training. It is not always
easy to find individuals willing and able to serve on agency Board of
Directors. Often parents and other concerned citizens agree to serve
on a board not recognizing the fiduciary and ethical responsibility
they are taking on. Furthermore, parents who are board members can
have the uncomfortable position of questioning an agencies'
management only to worry about how it may affect their child who is a
resident.

The recent reports of CQCAPD have highlighted the need for some
minimum level of board training on the fiduciary and other
responsibilities members hold as well as knowledge of the tools and
best practices that are available to effectively serve in such a
capacity. Such training should be completed as soon as possible for
new board members and should be required of existing board members
who have not yet completed similar training. This would go a long way
toward ensuring that boards do not serve merely as rubber stamps of
an agencies' or executive director's actions but play an active role
in overseeing the agency and ensuring the well being of it and its
residents.

LEGISLATIVE HISTORY:
A similar bill was vetoed in 2008. This is a new bill to address
concerns raise in veto message #169 of 2008.

2010: S.5596 - Referred to Mental Health & Developmental Disabilities

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
Ninety days after it shall become law provided that effective
immediately changes to the rules or regulations necessary for the
implementation of this act may be made.

2011-S3068A (ACTIVE) - Bill Text download pdf

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

                                 3068--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- recommitted to the Committee on Alcoholism  and
  Drug  Abuse  in  accordance  with  Senate  Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.  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-
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 OF
NAMES AND ADDRESSES OF CURRENT MEMBERS OF  THE  BOARD  OF  DIRECTORS  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00426-03-1

S. 3068--A                          2

TRUSTEES  shall  remove  such facility or corporation from consideration
for recertification.
  (A-1)  THE  OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST,
TWO THOUSAND THIRTEEN 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 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 CAPACITY.
  S  2.  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] 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 corpo-
ration  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 OF NAMES AND ADDRESSES OF CURRENT MEMBERS  OF  THE
BOARD OF DIRECTORS OR TRUSTEES shall remove such facility or corporation
from consideration for recertification.
  (A-1)  THE  OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST,
TWO THOUSAND THIRTEEN 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 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 CAPACITY.
  S  3.  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 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 trus-
tees of such corporation TOGETHER WITH THE  LAST  DATE  OF  THE  CURRENT

S. 3068--A                          3

MEMBERS'  OR  TRUSTEES' COMPLETION OF THE TRAINING REQUIREMENTS.  HOSPI-
TALS 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 FACILITY OR 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 THIRTEEN
MINIMUM 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
HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
LAW. SUCH 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 CAPACITY.
  S  4.  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.

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