S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3323
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 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
 7.49 to read as follows:
 § 7.49 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.
   § 2. The mental hygiene law is amended by adding a new  section  13.45
 to read as follows:
 § 13.45 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
 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.
              

                                                            LBD07535-01-9

 A. 3323                             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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.    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.