S T A T E O F N E W Y O R K
________________________________________________________________________
6511
2013-2014 Regular Sessions
I N A S S E M B L Y
April 4, 2013
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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 requiring employ-
ees who provide respite care services to be certified in first aid and
CPR/AED
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 RESPITE CARE; FIRST AID AND CPR/AED TRAINING.
(A) FOR PURPOSES OF THE SECTION, THE TERM "RESPITE CARE" SHALL MEAN
THE PROVISION OF INTERMITTENT TEMPORARY SUBSTITUTE CARE OF A PERSON WITH
MENTAL ILLNESS ON BEHALF OF AND IN THE ABSENCE OF THE PARENT OR LEGAL
GUARDIAN OF SUCH PERSON, FOR THE PURPOSE OF PROVIDING RELIEF FROM THE
STRESSES OF RESPONSIBILITIES OF PROVIDING CONTINUED CARE.
(B) EVERY EMPLOYEE OF THE OFFICE WHOSE PRIMARY RESPONSIBILITY IS TO
PROVIDE RESPITE CARE SERVICES TO MENTALLY ILL PERSONS AND THEIR FAMILIES
SHALL BE CERTIFIED IN FIRST AID AND CARDIOPULMONARY RESUSCITATION
(CPR)/AUTOMATED EXTERNAL DEFIBRILLATOR USE (AED) WITHIN SIX MONTHS OF
THE HIRING OF SUCH EMPLOYEE AND EVERY TWO YEARS THEREAFTER. THE EXPENSE
OF SUCH TRAINING SHALL BE BORNE BY THE DEPARTMENT.
(C) THE OFFICE IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND
REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
S 2. The mental hygiene law is amended by adding a new section 13.41
to read as follows:
S 13.41 RESPITE CARE; FIRST AID AND CPR/AED TRAINING.
(A) FOR PURPOSES OF THE SECTION, THE TERM "RESPITE CARE" SHALL MEAN
THE PROVISION OF INTERMITTENT TEMPORARY SUBSTITUTE CARE OF A PERSON WITH
DEVELOPMENTAL DISABILITIES ON BEHALF OF AND IN THE ABSENCE OF THE PARENT
OR LEGAL GUARDIAN OF SUCH PERSON, FOR THE PURPOSE OF PROVIDING RELIEF
FROM THE STRESSES OF RESPONSIBILITIES OF PROVIDING CONTINUED CARE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09512-01-3
A. 6511 2
(B) EVERY EMPLOYEE OF THE OFFICE WHOSE PRIMARY RESPONSIBILITY IS TO
PROVIDE RESPITE CARE SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES
AND THEIR FAMILIES SHALL BE CERTIFIED IN FIRST AID AND CARDIOPULMONARY
RESUSCITATION (CPR)/AUTOMATED EXTERNAL DEFIBRILLATOR USE (AED) WITHIN
SIX MONTHS OF THE HIRING OF SUCH EMPLOYEE AND EVERY TWO YEARS THEREAFT-
ER. THE EXPENSE OF SUCH TRAINING SHALL BE BORNE BY THE DEPARTMENT.
(C) THE OFFICE IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND
REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
S 3. 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 is authorized
to be made and completed on or before such date.