S T A T E O F N E W Y O R K
________________________________________________________________________
6085--A
2013-2014 Regular Sessions
I N A S S E M B L Y
March 14, 2013
___________
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, 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, as amended by
section 2 of part J of chapter 56 of the laws of 2012, is amended to
read as follows:
S 13.19 Personnel of the office; regulations.
(a) The commissioner may, within the amounts appropriated therefor,
appoint and remove in accordance with law and applicable rules of the
state civil service commission, such officers and employees of the
office for people with developmental disabilities as are necessary for
efficient administration. The commissioner shall, in exercising his or
her appointing authority, take, consistent with article twenty-three-A
of the correction law, all reasonable and necessary steps to ensure that
any such person so appointed has not previously engaged in any act in
violation of any law which indicates a propensity to act in a manner
that would compromise the health and safety of individuals with develop-
mental disabilities.
(b) The director of a hospital or institute in the office shall have
professional qualifications and experience to be prescribed by the
commissioner.
(c) Notwithstanding the provisions of any other law, the position of
deputy director in an office facility may be filled by new hire or by
promotion open to employees who possess the minimum qualifications for
the position.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07900-03-4
A. 6085--A 2
[(c)] (D) The use of volunteers in the office for people with develop-
mental disabilities shall be encouraged. The commissioner may establish
regulations governing such volunteer services.
[(d)] (E) Where, and to the extent that, an agreement between the
state and an employee organization entered into pursuant to article
fourteen of the civil service law so provides, the commissioner is
authorized to implement the provisions of such agreement relating to
discipline consistent with the terms thereof.
(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. Section 7.07 of the mental hygiene law is amended by adding a new
subdivision (g) to read as follows:
(G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO PROVIDER OPERATING A
FACILITY LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE OF MENTAL HEALTH
SHALL REQUIRE A DIRECT CARE WORKER TO WORK MORE THAN SIXTY HOURS IN A
SEVEN DAY WORK WEEK EXCEPT IN CASES OF EXTRAORDINARY EMERGENCY INCLUD-
ING, 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 INTERACTION WITH RESIDENTS OF A RESIDENTIAL FACILITY LICENSED,
OPERATED, OR CERTIFIED BY THE OFFICE OF MENTAL HEALTH.
S 3. 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.