senate Bill S5281A

2013-2014 Legislative Session

Relates to limiting the work week of direct care workers

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2014 reported and committed to finance
May 07, 2014 print number 5281a
amend and recommit to mental health and developmental disabilities
Jan 08, 2014 referred to mental health and developmental disabilities
May 15, 2013 referred to mental health and developmental disabilities

Votes

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May 21, 2014 - Mental Health and Developmental Disabilities committee Vote

S5281A
9
0
committee
9
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: May 21, 2014

aye wr (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

S5281 - Bill Details

See Assembly Version of this Bill:
A6085A
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§13.19 & 7.07, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
S5216A, S5716A, A8127A

S5281 - Bill Texts

view summary

Relates to limiting the work week of direct care workers.

view sponsor memo
BILL NUMBER:S5281

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
limiting the work week of direct care workers

PURPOSE OR GENERAL IDEA OF BILL:

This bill would ensure the safety of individuals with developmental
disabilities who receive residential treatment from the Office of
Persons with Develop-mental Disabilities (OPWDD) by limiting the
number of hours that direct care workers are required work.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 13.19 of the mental hygiene law by adding a
new subdivision (e) which limits the amount of hours a direct care
worker at an OPWDD facility is required to work to 60 hour.

JUSTIFICATION:

Advocates for persons receiving services in the at OPWDD have
expressed concern that employees in OPWDD residential facilities are
permitted to work an excessive amount of overtime. There is a great
deal of concern about an employee's ability to function and respond
properly to various situations they may be presented with during their
shift if they have been working excessive hours.

This piece of legislation is not only intended to provide for the
safety of persons with developmental disabilities receiving care, but
for the care givers as well.. Working long hours With little or no
rest in between shifts, is detrimental to an employee's physical and
mental health. The negative impacts of excessive work hours without a
break have been recognized in a number of other areas.. particularly
healthcare where, for example, restrictions have beer, placed on the
number of consecutive hours a physician intern can work without an off
period. In response to this concern, this legislation would limit the
number of overall hours an employee is required to work in an OPWDD
facility.

PRIOR LEGISLATIVE HISTORY:

2011/12 - A8127A-Passed the Assembly in 2011-Reported to ways and
means 2012; S.5716-A - reported to Finance

FISCAL IMPACT:

Undetermined

EFFECTIVE DATE:

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

                                  5281

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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 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 (e) to read as follows:
  (E) 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.
                                                           LBD07900-01-3

Co-Sponsors

S5281A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6085A
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§13.19 & 7.07, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
S5216A, S5716A, A8127A

S5281A (ACTIVE) - Bill Texts

view summary

Relates to limiting the work week of direct care workers.

view sponsor memo
BILL NUMBER:S5281A

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
limiting the work week of direct care workers

PURPOSE OR GENERAL IDEA OF BILL: This bill would ensure the safety of
individuals with developmental disabilities who receive residential
treatment from the Office of Persons with Develop-mental Disabilities
(OPWDD) and from the Office of Mental Health (OMH) by limiting the
number of hours that direct care workers are required work.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 13.19 of the mental hygiene law by adding a
new subdivision (e) which limits the amount of hours a direct care
worker at an OPWDD facility is required to work to 60 hours.

Section 2 amends section 7.07 of the mental hygiene law by adding a
new subdivision (g) which limits the amount of hours a direct care
worker at an OMH facility is required to work to 60 hours.

JUSTIFICATION: Advocates for persons receiving services from OPWDD
and OMH have expressed concern that employees in residential
facilities are permitted to work an excessive amount of overtime.
There is a great deal of concern about an employee's ability to
function and respond properly to various situations they may be
presented with during their shift if they have been working excessive
hours.

This piece of legislation is not only intended to provide for the
safety of persons with developmental disabilities receiving care, but
for the care givers as well. Working long hours with little or no rest
in between shifts, is detrimental to an employee's physical and mental
health. The negative impacts of excessive work hours without a break
have been recognized in a number of other areas particularly
healthcare where, for example, restrictions have beer, placed on the
number of consecutive hours a physician intern can work without an off
period. In response to this concern, this legislation would limit the
number of overall hours an employee is required to work in a facility.

PRIOR LEGISLATIVE HISTORY: 2011/12 - A8127A-Passed the Assembly in
2011-Reported to ways and means 2012; S.5716-A - reported to Finance

FISCAL IMPACT: None to the state.

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

                                 5281--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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  Mental  Health
  and  Developmental Disabilities 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07900-02-4

S. 5281--A                          2

promotion open to employees who possess the minimum  qualifications  for
the position.
  [(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.

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