Senate Bill S4892

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4892
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 the  training  of
   boards  of  directors  or trustees of certain voluntary not-for-profit
   facilities or corporations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The section heading and subdivision (a) of section 7.39 of
 the mental hygiene law, as added by chapter 800 of the laws of 1986, are
 amended and a new subdivision (a-1) is added to read as follows:
         Registration,  TRAINING  and notification of boards of directors
           or trustees of certain voluntary not-for-profit facilities  or
           corporations.
   (a)  Notwithstanding  any other law, rule or regulation, the executive
 director, chairperson or president of a voluntary, not-for-profit corpo-
 ration or facility which is subject to the jurisdiction  of  the  office
 [of  mental health] shall furnish annually to the commissioner a list of
 the names and addresses of the current members of the board of directors
 or trustees of such facility or corporation TOGETHER WITH THE LAST  DATE
 OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIRE-
 MENTS.    HOSPITALS  OPERATED  PURSUANT  TO  ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF  TRAIN-
 ING  REQUIREMENTS  TO THE COMMISSIONER. NOTHING IN THIS SECTION SHALL BE
 CONSTRUED TO EXEMPT SUCH HOSPITALS FROM THE APPLICABLE  REQUIREMENTS  OF
 THE  PUBLIC  HEALTH  LAW.    Failure to furnish [such] AN annual list OF
 NAMES AND ADDRESSES OF CURRENT MEMBERS OF  THE  BOARD  OF  DIRECTORS  OR
 TRUSTEES  shall  remove  such facility or corporation from consideration
 for recertification.
   (A-1) THE OFFICE SHALL ESTABLISH NO LATER THAN  OCTOBER  THIRTY-FIRST,
 TWO THOUSAND TWENTY-ONE MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10711-01-9

 S. 4892                             2
 
 THE BOARD OF DIRECTORS OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPO-
 RATION  OR  FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE,
 WITH THE EXCEPTION OF HOSPITALS OPERATED  PURSUANT  TO  ARTICLE  TWENTY-
 EIGHT OF THE PUBLIC HEALTH LAW.  SUCH TRAINING SHALL INCLUDE, BUT NOT BE
 LIMITED  TO,  THE  FIDUCIARY RESPONSIBILITIES OF BEING A BOARD MEMBER OR
 TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH THE  TOOLS  AND  BEST
 PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACITY.
   §  2.  The section heading and subdivision (a) of section 13.39 of the
 mental hygiene law, the section heading as added by chapter 800  of  the
 laws  of  1986 and subdivision (a) as amended by chapter 168 of the laws
 of 2010, are amended and a new subdivision (a-1) is  added  to  read  as
 follows:
         Registration,  TRAINING  and notification of boards of directors
           or trustees of certain voluntary not-for-profit facilities  or
           corporations.
   (a)  Notwithstanding  any other law, rule or regulation, the executive
 director, chairperson or president of a voluntary, not-for-profit corpo-
 ration or facility which is subject to the jurisdiction  of  the  office
 [for  people  with developmental disabilities] shall furnish annually to
 the commissioner a list of  the  names  and  addresses  of  the  current
 members of the board of directors or trustees of such facility or corpo-
 ration  TOGETHER WITH THE LAST DATE OF THE CURRENT MEMBERS' OR TRUSTEES'
 COMPLETION OF THE TRAINING REQUIREMENTS. HOSPITALS OPERATED PURSUANT  TO
 ARTICLE  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO
 FURNISH COMPLETION OF TRAINING REQUIREMENTS TO THE COMMISSIONER. NOTHING
 IN THIS SECTION SHALL BE CONSTRUED TO EXEMPT  SUCH  HOSPITALS  FROM  THE
 APPLICABLE  REQUIREMENTS  OF  THE PUBLIC HEALTH LAW.  Failure to furnish
 [such] AN annual list OF NAMES AND ADDRESSES OF CURRENT MEMBERS  OF  THE
 BOARD OF DIRECTORS OR TRUSTEES shall remove such facility or corporation
 from consideration for recertification.
   (A-1)  THE  OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST,
 TWO THOUSAND TWENTY-ONE MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF
 THE BOARD OF DIRECTORS OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPO-
 RATION OR FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF  THE  OFFICE,
 WITH  THE  EXCEPTION  OF  HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-
 EIGHT OF THE PUBLIC HEALTH LAW.  SUCH TRAINING SHALL INCLUDE, BUT NOT BE
 LIMITED TO, THE FIDUCIARY RESPONSIBILITIES OF BEING A  BOARD  MEMBER  OR
 TRUSTEE  AND  SHALL  PROVIDE MEMBERS OR TRUSTEES WITH THE TOOLS AND BEST
 PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACITY.
   § 3. The section heading and subdivision (a) of section 32.37  of  the
 mental  hygiene  law,  as  added by chapter 558 of the laws of 1999, are
 amended and a new subdivision (a-1) is added to read as follows:
         Registration, TRAINING and notification of boards  of  directors
           or  trustees of certain voluntary not-for-profit facilities or
           corporations.
   (a) Notwithstanding any other law, rule, or regulation, the  executive
 director, chairperson or president of a voluntary, not-for-profit corpo-
 ration which has been issued an operating certificate by or has received
 funding from the office of alcoholism and substance abuse services shall
 furnish  annually to the commissioner of such office a list of the names
 and addresses of the current members of the board of directors or  trus-
 tees  of  such  corporation  TOGETHER  WITH THE LAST DATE OF THE CURRENT
 MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIREMENTS.    HOSPI-
 TALS  OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW
 SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF TRAINING REQUIREMENTS  TO
 THE  COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES. NOTHING IN

 S. 4892                             3
 
 THIS SUBDIVISION SHALL BE CONSTRUED TO EXEMPT SUCH  HOSPITALS  FROM  THE
 APPLICABLE  REQUIREMENTS  OF  THE  PUBLIC HEALTH LAW. Failure to furnish
 [such] AN annual list OF NAMES AND ADDRESSES OF CURRENT MEMBERS  OF  THE
 BOARD  OF  DIRECTORS OR TRUSTEES may remove such FACILITY OR corporation
 from consideration for recertification or refunding.
   (A-1) THE OFFICE OF ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES  SHALL
 ESTABLISH  NO  LATER  THAN OCTOBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE
 MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE BOARD OF  DIRECTORS
 OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPORATION OR FACILITY WHICH
 IS  SUBJECT  TO  THE  JURISDICTION OF SUCH OFFICE, WITH THE EXCEPTION OF
 HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
 LAW. SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  FIDUCIARY
 RESPONSIBILITIES  OF  BEING  A BOARD MEMBER OR TRUSTEE AND SHALL PROVIDE
 MEMBERS OR TRUSTEES WITH THE  TOOLS  AND  BEST  PRACTICES  NECESSARY  TO
 EFFECTIVELY SERVE IN SUCH CAPACITY.
   §  4.  This  act shall take effect on the ninetieth 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 to be made  and  completed
 on or before such date.