S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8786--A
 
                             I N  S E N A T E
 
                               July 15, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged  and  said  bill  committed  to  the Committee on Health --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT to amend the mental hygiene law, in relation to establishing the
   New York state council on mental health emergency and crisis response
 
   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
 7.42 to read as follows:
 § 7.42 NEW YORK STATE COUNCIL ON  MENTAL  HEALTH  EMERGENCY  AND  CRISIS
          RESPONSE.
   (A) THERE IS HEREBY CREATED IN THE OFFICE, THE NEW YORK STATE ADVISORY
 COUNCIL  ON  MENTAL  HEALTH  EMERGENCY AND CRISIS RESPONSE.  THE COUNCIL
 SHALL CONSIST OF, AT A MINIMUM: THE COMMISSIONER OR HIS OR HER DESIGNEE;
 AN INDIVIDUAL REPRESENTING THE STATE CONFERENCE OF LOCAL MENTAL  HYGIENE
 DIRECTORS  AS  ESTABLISHED  UNDER  ARTICLE FORTY-ONE OF THIS CHAPTER; AN
 INDIVIDUAL REPRESENTING THE MENTAL HYGIENE LEGAL SERVICE AS  ESTABLISHED
 UNDER  ARTICLE  FORTY-SEVEN  OF  THIS  CHAPTER;  AND  SIXTEEN ADDITIONAL
 MEMBERS OF WHICH SIX SHALL BE APPOINTED BY THE GOVERNOR, FOUR  SHALL  BE
 APPOINTED BY THE SPEAKER OF THE ASSEMBLY, FOUR SHALL BE APPOINTED BY THE
 TEMPORARY  SPEAKER OF THE SENATE, AND ONE EACH SHALL BE APPOINTED BY THE
 MINORITY LEADER OF THE ASSEMBLY AND  SENATE.  EACH  APPOINTED  REPRESEN-
 TATIVE  SHALL BE REPRESENTATIVE OF THE FOLLOWING AND SHALL REPRESENT THE
 VARIOUS GEOGRAPHIC AREAS OF THE STATE. MEMBERS SHALL BE KNOWLEDGEABLE IN
 EMERGENCY MENTAL HEALTH SERVICES AND SHALL INCLUDE, BUT NOT  BE  LIMITED
 TO:  (I)  REPRESENTATIVES  OF EMERGENCY MENTAL HEALTH UNITS THAT PROVIDE
 TRANSPORTATION OF PERSONS EXPERIENCING MENTAL HEALTH CRISES TO HOSPITALS
 OR OTHER HEALTH CARE FACILITIES; (II) STATEWIDE ORGANIZATIONS REPRESENT-
 ING MENTAL HEALTH PROVIDERS; (III) STATEWIDE ADVOCACY GROUPS  REPRESENT-
 ING  INDIVIDUALS  WITH  A PSYCHIATRIC CONDITION; (IV) REPRESENTATIVES OF
 HOSPITALS INCLUDING BUT NOT LIMITED TO HOSPITALS OPERATING A  COMPREHEN-
 SIVE  PSYCHIATRIC EMERGENCY PROGRAM; (V) PHYSICIANS AND OTHER HEALTH AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16753-12-0

 S. 8786--A                          2

 MENTAL HEALTH PROFESSIONALS WITH EXPERIENCE IN THE  DELIVERY  OF  MENTAL
 HEALTH CRISIS SERVICES; AND (VI) FIRST RESPONDERS.
   (B)  THE  COUNCIL  SHALL  MAKE  RECOMMENDATIONS TO THE COMMISSIONER ON
 TOPICS INCLUDING BUT NOT LIMITED TO: (I) IDENTIFYING BEST PRACTICES  FOR
 RESPONSE  TO  MENTAL  HEALTH CRISES; (II) THE DEVELOPMENT OF A STATEWIDE
 EMERGENCY MENTAL HEALTH UNIT SYSTEM FOR THE  TRANSPORTATION  OF  PERSONS
 EXPERIENCING  MENTAL  HEALTH  CRISES  TO,  FROM OR BETWEEN HOSPITALS AND
 OTHER HEALTH CARE FACILITIES; (III) CREATING A PROGRAM FOR THE TRAINING,
 EXAMINATION, AND CERTIFICATION  OF  CERTIFIED  EMERGENCY  MENTAL  HEALTH
 RESPONDERS;  (IV)  THE PROVISION OF PRE-HOSPITAL EMERGENCY MENTAL HEALTH
 CARE; (V) PUBLIC EDUCATION AND OUTREACH  ON  THE  BENEFIT  OF  EFFECTIVE
 COMMUNICATION  AMONG EMERGENCY SERVICE PROVIDERS AND HEALTH CARE PROVID-
 ERS REGARDING PEOPLE EXPERIENCING MENTAL HEALTH  CRISES;  AND  (VI)  ANY
 OTHER RECOMMENDATION DEEMED APPROPRIATE BY THE COUNCIL.
   (C)  THE  TERM OF OFFICE OF EACH MEMBER SHALL BE TWO YEARS.  VACANCIES
 SHALL BE FILLED BY APPOINTMENT FOR THE REMAINDER OF AN  UNEXPIRED  TERM.
 THE MEMBERS SHALL CONTINUE IN OFFICE UNTIL THE EXPIRATION OF THEIR TERMS
 AND  UNTIL  THEIR SUCCESSORS ARE APPOINTED AND HAVE QUALIFIED. NO MEMBER
 SHALL BE APPOINTED TO THE STATE COUNCIL FOR MORE THAN  FOUR  CONSECUTIVE
 TERMS.
   (D)  THE COUNCIL SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY REQUIRE.
 THE PRESENCE OF A MAJORITY OF THE MEMBERS SHALL CONSTITUTE A QUORUM. THE
 MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR  SERVICES
 AS MEMBERS.
   (E)  THE COMMISSIONER, UPON REQUEST OF THE COUNCIL, SHALL DESIGNATE AN
 OFFICER OR EMPLOYEE OF THE OFFICE TO ACT AS SECRETARY  OF  THE  COUNCIL,
 AND  SHALL  ASSIGN FROM TIME TO TIME SUCH OTHER EMPLOYEES AS THE COUNCIL
 MAY REQUIRE.
   (F) THE COUNCIL SHALL DEVELOP AND SUBMIT A REPORT TO THE GOVERNOR, THE
 SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF  THE  SENATE  NO
 LATER  THAN  DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE AND ANNUALLY
 THEREAFTER, PERTAINING TO THE RECOMMENDATIONS REQUIRED BY THIS  SECTION,
 AND  RECOMMENDATIONS  TO EFFECTIVELY IMPLEMENT ANY INITIATIVE IDENTIFIED
 BY THE COUNCIL AND  OTHER  RECOMMENDATIONS  DEEMED  APPROPRIATE  BY  THE
 COMMISSIONER.
   §  2.  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  to be made and
 completed on or before such effective date.