S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3798
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ, SANTABARBARA -- read once and referred to
   the Committee on Health
 
 AN ACT to amend the mental hygiene law and the  civil  service  law,  in
   relation to requiring drug testing for all potential officers, employ-
   ees  and  volunteers of the office of mental health and the office for
   people with developmental disabilities prior to employment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7.23 of the mental hygiene law, as added by chapter
 978 of the laws of 1977, is amended to read as follows:
 § 7.23 Education, HIRING and training.
   (a)  The  commissioner shall have the power to establish such programs
 of training and education related to mental illness as he OR  SHE  shall
 deem desirable.
   (b)  The director of each facility in the office of mental health with
 the approval of the commissioner of  mental  health  may  establish  and
 supervise  training  and  education programs for employees. Directors of
 such facilities authorized to establish education or  training  programs
 may  enter into agreements with educational institutions to furnish such
 education and training in whole or in part.
   (c) The commissioner may grant leaves of absence to employees  of  the
 office  of mental health for the purpose of receiving training or educa-
 tion for the better performance of their  duties  and,  subject  to  the
 approval  of  the  director  of the budget, may continue the salaries of
 such employees, in  full  or  in  part,  in  an  amount  not  to  exceed
 reimbursement for the loss of earnings while receiving such training.
   (D)  THE COMMISSIONER SHALL REQUIRE ANY POTENTIAL OFFICER AND EMPLOYEE
 OF THE OFFICE AND ANY POTENTIAL FACILITY OFFICER AND EMPLOYEE, INCLUDING
 ANY VOLUNTEER THEREOF, TO SUBMIT TO A DRUG  TEST  AS  HE  OR  SHE  SHALL
 DETERMINE BEFORE SUCH POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER IS ELIGI-
 BLE  TO  COMMENCE  EMPLOYMENT  WITH  THE OFFICE OR ANY FACILITY THEREOF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08233-01-9

 A. 3798                             2
 
 SHOULD ANY POTENTIAL OFFICER, EMPLOYEE OR  VOLUNTEER  REFUSE  SUCH  DRUG
 TEST,  SUCH POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER SHALL NOT BE ELIGI-
 BLE FOR EMPLOYMENT WITH THE OFFICE OR ANY FACILITY THEREOF.
   §  2. Section 13.23 of the mental hygiene law, as added by chapter 978
 of the laws of 1977 and subdivision (a) as amended by chapter 37 of  the
 laws of 2011, is amended to read as follows:
 § 13.23 Education, HIRING and training programs.
   (a)  The  commissioner shall have the power to establish such programs
 of training and education related to developmental disabilities as he OR
 SHE shall deem desirable.
   (b) The director of each facility with the approval of the commission-
 er may establish and  supervise  training  and  education  programs  for
 employees.  Directors of facilities authorized to establish training and
 education programs may enter into  agreements  with  educational  insti-
 tutions to furnish such training in whole or in part.
   (c)  The  commissioner may grant leaves of absence to employees of the
 office for the purpose of receiving training or education for the better
 performance of their duties and, with the approval of  the  director  of
 the  budget,  may continue the salaries of such employees, in full or in
 part, in an amount not to exceed reimbursement for the loss of  earnings
 while receiving such training.
   (D)  THE COMMISSIONER SHALL REQUIRE ANY POTENTIAL OFFICER AND EMPLOYEE
 OF THE OFFICE AND ANY POTENTIAL FACILITY OFFICER AND EMPLOYEE, INCLUDING
 ANY VOLUNTEER THEREOF, TO SUBMIT TO A DRUG  TEST  AS  HE  OR  SHE  SHALL
 DETERMINE BEFORE SUCH POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER IS ELIGI-
 BLE  TO  COMMENCE  EMPLOYMENT  WITH  THE OFFICE OR ANY FACILITY THEREOF.
 SHOULD ANY POTENTIAL OFFICER, EMPLOYEE OR  VOLUNTEER  REFUSE  SUCH  DRUG
 TEST,  SUCH POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER SHALL NOT BE ELIGI-
 BLE FOR EMPLOYMENT WITH THE OFFICE OR ANY FACILITY THEREOF.
   § 3. The civil service law is amended by adding a new section  153  to
 read as follows:
   §  153. DRUG TESTING REQUIRED FOR CERTAIN OFFICES. ALL POTENTIAL OFFI-
 CERS, EMPLOYEES AND VOLUNTEERS AT ANY FACILITY OPERATED  BY  EITHER  THE
 OFFICE  OF  MENTAL  HEALTH  OR  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES SHALL, PRIOR TO THE COMMENCEMENT OF EMPLOYMENT, BE REQUIRED
 TO SUBMIT TO A DRUG TEST AS THE  COMMISSIONERS  OF  SUCH  OFFICES  SHALL
 DETERMINE.    SHOULD ANY POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER REFUSE
 SUCH DRUG TEST, SUCH POTENTIAL OFFICER, EMPLOYEE OR VOLUNTEER SHALL  NOT
 BE ELIGIBLE FOR EMPLOYMENT WITH THE OFFICE OR ANY FACILITY THEREOF.
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized and directed  to
 be made and completed on or before such effective date.