S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4697
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON, MEEKS, CLARK, LUNSFORD -- read once and
   referred to the Committee on Mental Health
 
 AN ACT to amend the public health law, in relation to establishing a New
   York state mental health  response  council,  regional  mental  health
   response councils and mental health response units; to amend the coun-
   ty  law,  in  relation  to incorporation of recommendations by the New
   York state mental health response council for public safety  answering
   points;  and to amend the mental hygiene law, in relation to powers of
   certain peace officers and  police  officers  handling  mental  health
   emergencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Daniel's law".
   §  2. The public health law is amended by adding a new section 3033 to
 read as follows:
   § 3033. STATEWIDE MENTAL HEALTH RESPONSE COUNCIL. 1. FOR THE  PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  THE  "STATE  COUNCIL"  MEANS  THE  NEW  YORK  STATE MENTAL HEALTH
 RESPONSE COUNCIL CREATED PURSUANT TO THIS SECTION.
   (B) "REGIONAL COUNCIL" SHALL MEAN A REGIONAL  MENTAL  HEALTH  RESPONSE
 COUNCIL  CREATED  PURSUANT TO SECTION THREE THOUSAND THIRTY-FOUR OF THIS
 ARTICLE.
   (C) "REGIONAL STATE COMMISSIONER" MEANS A MEMBER OF THE STATE  COUNCIL
 APPOINTED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
   (D)  "MENTAL  HEALTH  RESPONSE UNIT" SHALL MEAN MENTAL HEALTH RESPONSE
 UNITS ESTABLISHED PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE OF THIS
 ARTICLE.
   2. THERE IS HEREBY CREATED IN THE DEPARTMENT THE NEW YORK STATE MENTAL
 HEALTH RESPONSE COUNCIL. THE STATE COUNCIL SHALL CONSIST OF  THREE  NON-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09400-01-1
              

 A. 4697                             2
 
 VOTING  EX  OFFICIO  MEMBERS AND THIRTY-THREE VOTING MEMBERS PURSUANT TO
 THE PROVISIONS OF THIS SUBDIVISION.
   (A)  THE  COMMISSIONER,  THE  COMMISSIONER  OF  MENTAL HEALTH, AND THE
 COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS SHALL EACH
 SERVE AS EX OFFICIO MEMBERS OF THE STATE COUNCIL, AND SHALL NOT VOTE  IN
 COUNCIL DETERMINATIONS.
   (B)  (I)  EIGHTEEN  MEMBERS TO THE STATE COUNCIL SHALL BE APPOINTED BY
 THE COMMISSIONER; EACH SHALL BE REPRESENTATIVE OF ONE GEOGRAPHIC AREA OF
 THE STATE, CORRESPONDING TO THE EIGHTEEN REGIONS ELIGIBLE FOR A REGIONAL
 COUNCIL. SUCH MEMBERS SHALL BE KNOWN AS THE "REGIONAL STATE  COMMISSION-
 ERS".  EACH REGIONAL STATE COMMISSIONER SHALL SERVE ON THE STATE COUNCIL
 FOR TWO YEARS AFTER  INITIAL  APPOINTMENT,  AND  SHALL  REPRESENT  THEIR
 GEOGRAPHIC REGION IN ASSISTING THE STATE COUNCIL IN DETERMINING WHEN AND
 HOW TO ESTABLISH A REGIONAL COUNCIL IN THEIR REGION.
   (II)  ONCE A REGIONAL COUNCIL IS ESTABLISHED PURSUANT TO SECTION THREE
 THOUSAND THIRTY-FOUR OF THIS ARTICLE, THE  REGIONAL  STATE  COMMISSIONER
 FOR  SUCH  REGION  SHALL  ALSO SERVE AS A MEMBER OF THE INITIAL REGIONAL
 COUNCIL FOR SUCH REGION UNTIL THE END OF THEIR STATE COUNCIL TERM. THER-
 EAFTER, IN ANY REGION WITH AN ESTABLISHED REGIONAL COUNCIL, THE  COMMIS-
 SIONER  SHALL  APPOINT A REPRESENTATIVE FROM EACH REGIONAL COUNCIL, FROM
 NOMINATIONS RECEIVED FROM THE APPROPRIATE REGIONAL COUNCIL,  TO  ACT  AS
 REGIONAL  STATE  COMMISSIONER FOR SUCH REGION. WHERE NO REGIONAL COUNCIL
 HAS BEEN ESTABLISHED, THE COMMISSIONER SHALL APPOINT EACH REGIONAL STATE
 COMMISSIONER PURSUANT TO THE PROCEDURES FOR INITIAL APPOINTMENT.
   (III) THE COMMISSIONER SHALL ENSURE, TO THE MAXIMUM  EXTENT  POSSIBLE,
 THAT  THE  REGIONAL  COUNCIL APPOINTMENTS REFLECT THE DIVERSITY OF RACE,
 AGE, LANGUAGE, NATIONAL ORIGIN, ETHNICITY,  AND  DISABILITY  PRESENT  IN
 EACH REGION'S JURISDICTION.
   (C)  FIFTEEN  MEMBERS  OF  THE STATE COUNCIL SHALL BE APPOINTED BY THE
 STATE LEGISLATURE, AS FOLLOWS:
   (I) FOUR MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (II) FOUR MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
 SENATE;
   (III) ONE MEMBER SHALL BE APPOINTED BY  THE  MINORITY  LEADER  OF  THE
 ASSEMBLY;
   (IV) TWO MEMBERS SHALL BE APPOINTED BY THE CHAIRPERSON OF THE ASSEMBLY
 COMMITTEE ON MENTAL HEALTH;
   (V)  TWO  MEMBERS  SHALL BE APPOINTED BY THE CHAIRPERSON OF THE SENATE
 COMMITTEE ON MENTAL HEALTH;
   (VI) ONE MEMBER SHALL BE APPOINTED BY THE RANKING MINORITY  MEMBER  OF
 THE ASSEMBLY COMMITTEE ON MENTAL HEALTH;
   (VII)  ONE MEMBER SHALL BE APPOINTED BY THE RANKING MINORITY MEMBER OF
 THE SENATE COMMITTEE ON MENTAL HEALTH.
   3. EVERY INDIVIDUAL APPOINTED TO THE STATE COUNCIL SHALL  HAVE  DEMON-
 STRATED  KNOWLEDGE  OF, AND SKILLS IN, CULTURALLY COMPETENT PROVISION OF
 MENTAL HEALTH OR SUBSTANCE ABUSE SERVICES AND TREATMENT.   SPECIFICALLY,
 EACH MEMBER NOMINATED TO THE STATE COUNCIL SHALL BE:
   (A) A LICENSED MENTAL HEALTH OR DRUG ADDICTION CLINICIAN;
   (B) A LICENSED MENTAL HEALTH OR DRUG ADDICTION COUNSELOR;
   (C)  A LICENSED PHYSICIAN, NURSE, OR MENTAL HEALTH PROVIDER WITH EXPE-
 RIENCE OR SKILLS IN THE CULTURALLY-COMPETENT PROVISION OF CARE;
   (D) A MENTAL HEALTH OR ADDICTION COUNSELOR CERTIFIED AS A PEER;
   (E) A REPRESENTATIVE OF A NOT-FOR-PROFIT DISABILITY  RIGHTS  ORGANIZA-
 TION; OR
   (F) A COMMUNITY HEALTH WORKER CERTIFIED AS A PEER.

 A. 4697                             3
 
   4.  THE  MEMBERS  OF  THE STATE COUNCIL SHALL ELECT A CHAIRPERSON FROM
 AMONG THE MEMBERS OF THE STATE COUNCIL BY A MAJORITY VOTE OF THOSE STATE
 COUNCIL MEMBERS PRESENT, WHO SHALL SERVE FOR A  TERM  OF  ONE  YEAR  AND
 UNTIL A SUCCESSOR IS ELECTED.
   5.  THE  TERM  OF OFFICE OF MEMBERS OF THE STATE COUNCIL SHALL BE FOUR
 YEARS, EXCEPT THAT OF THOSE MEMBERS FIRST APPOINTED, AT  LEAST  ONE-HALF
 BUT NOT MORE THAN TWO-THIRDS SHALL BE FOR TERMS NOT TO EXCEED TWO YEARS.
 VACANCIES  SHALL  BE FILLED BY APPOINTMENT FOR THE REMAINDER OF AN UNEX-
 PIRED TERM. THE STATE COUNCIL MEMBERS SHALL CONTINUE IN OFFICE UNTIL THE
 EXPIRATION OF THEIR TERMS AND UNTIL THEIR SUCCESSORS ARE APPOINTED.   NO
 STATE  COUNCIL  MEMBER  SHALL BE APPOINTED TO THE STATE COUNCIL FOR MORE
 THAN FOUR CONSECUTIVE TERMS.
   6. THE STATE COUNCIL SHALL OPERATE TO FULFILL THE  FOLLOWING  PURPOSES
 PURSUANT  TO  THE PUBLIC POLICY OF NEW YORK STATE; AND THE COUNCIL SHALL
 ENSURE THAT ALL POLICIES, TRAINING, PROCEDURES, EXPENDITURES, CONTRACTS,
 AND CERTIFICATION RULES OR DETERMINATIONS MADE OR USED  BY  THE  COUNCIL
 FURTHER, BUT NOT BE LIMITED TO, THE FOLLOWING PURPOSES:
   (A)  TO  ENSURE  A  PUBLIC HEALTH-BASED RESPONSE TO ANYONE IN NEW YORK
 EXPERIENCING A MENTAL HEALTH OR SUBSTANCE ABUSE CRISIS;
   (B) TO DEESCALATE ANY  SITUATION  INVOLVING  INDIVIDUALS  EXPERIENCING
 CRISIS  DUE  TO  MENTAL  HEALTH  CONDITIONS AND/OR SUBSTANCE USE, AND TO
 AVOID THE USE OF NONCONSENSUAL TREATMENT, TRANSPORT, OR  FORCE  WHEREVER
 POSSIBLE;
   (C) TO ENSURE THE MOST APPROPRIATE TREATMENT AND/OR TRANSPORT OF INDI-
 VIDUALS  EXPERIENCING  CRISIS  DUE  TO  MENTAL  HEALTH CONDITIONS AND/OR
 SUBSTANCE USE;
   (D) TO MAXIMIZE VOLUNTARY ASSESSMENT, REFERRAL,  AND/OR  TRANSPORT  OF
 INDIVIDUALS EXPERIENCING A CRISIS DUE TO MENTAL HEALTH CONDITIONS AND/OR
 SUBSTANCE USE;
   (E) TO MINIMIZE THE NUMBER OF INDIVIDUALS EXPERIENCING A CRISIS DUE TO
 MENTAL   HEALTH  CONDITIONS  AND/OR  SUBSTANCE  USE  WHO  ARE  ARRESTED,
 DETAINED, OR BROUGHT INTO CONTACT WITH THE CRIMINAL JUSTICE SYSTEM;
   (F) TO MINIMIZE THE NUMBER OF INDIVIDUALS WHO EXPERIENCE PHYSICAL HARM
 AND/OR TRAUMA AS A RESULT OF MENTAL HEALTH CONDITIONS  AND/OR  SUBSTANCE
 USE; AND
   (G)  TO RESPOND TO ALL INDIVIDUALS EXPERIENCING A CRISIS DUE TO MENTAL
 HEALTH OR SUBSTANCE USE WITH CULTURALLY COMPETENT CARE AND TRAINING.
   7. THE STATE COUNCIL SHALL HAVE THE POWER, BY AN AFFIRMATIVE VOTE OF A
 MAJORITY OF THOSE STATE COUNCIL MEMBERS PRESENT, AND SUBJECT TO APPROVAL
 BY THE COMMISSIONER, TO ENACT, AND FROM TIME TO TIME, AMEND AND  REPEAL,
 RULES  AND  REGULATIONS ESTABLISHING MINIMUM STANDARDS FOR MENTAL HEALTH
 RESPONSE UNITS, INCLUDING WITH RESPECT TO THE DISPATCH  OF  AND  REQUEST
 FOR  SUCH  UNITS: (A) THE TREATMENT AND TRANSPORTATION OF INDIVIDUALS BY
 MENTAL HEALTH RESPONSE UNITS; (B)  THE  PROVISION  OF  EMERGENCY  MENTAL
 HEALTH  AND  SUBSTANCE  ABUSE  CARE  BY SUCH UNITS; (C) PUBLIC EDUCATION
 ABOUT MENTAL HEALTH AND SUBSTANCE ABUSE CRISIS, CARE, AND RESPONSE;  (D)
 THE  DEVELOPMENT  OF A STATE EDUCATION CURRICULUM THAT WOULD SATISFY THE
 EDUCATIONAL  REQUIREMENTS,  STANDARDS  AND  TRAINING,  AND   EXAMINATION
 REQUIREMENTS FOR CERTIFICATION AND RECERTIFICATION OF CERTIFIED EMERGEN-
 CY  MENTAL  HEALTH  RESPONDERS AND MENTAL HEALTH RESPONSE UNITS; (E) THE
 DEVELOPMENT OF TRAININGS AND PROTOCOLS FOR ANY STATEWIDE  MENTAL  HEALTH
 AND/OR  SUBSTANCE ABUSE EMERGENCY DISPATCH SYSTEM; AND (F) PUBLIC EDUCA-
 TION ABOUT SUCH SERVICES AND  POLICIES.  CULTURALLY  COMPETENT  TRAINING
 SHALL  BE  MADE  AVAILABLE  BY  VIDEO  OR COMPUTER TO THE MAXIMUM EXTENT
 POSSIBLE. THE STATE COUNCIL  SHALL  HAVE  THE  SAME  POWERS  GRANTED  TO

 A. 4697                             4
 
 REGIONAL  COUNCILS BY THIS SECTION IN ANY REGION OF THE STATE IN WHICH A
 REGIONAL COUNCIL HAS NOT BEEN ESTABLISHED.
   8. IN FURTHERANCE OF THE PURPOSES SET FORTH IN SUBDIVISION SIX OF THIS
 SECTION,  THE  STATE  COUNCIL SHALL PROVIDE TO THE TRUSTEES OF THE STATE
 UNIVERSITY OF NEW YORK INFORMATION AND RECOMMENDATIONS  TO  ASSIST  SUCH
 TRUSTEES'  STUDY  OF  THE  FEASIBILITY  OF OFFERING CREDIT AND NONCREDIT
 COURSES WHICH WOULD SATISFY THE  EDUCATIONAL  REQUIREMENTS  FOR  CERTIF-
 ICATION  AND  RECERTIFICATION  OF  MENTAL HEALTH RESPONDERS AT COMMUNITY
 COLLEGES AND STATE UNIVERSITY OF NEW  YORK  AGRICULTURAL  AND  TECHNICAL
 COLLEGES.  THESE  RECOMMENDATIONS  SHALL  INCLUDE  STRATEGIES TO RECRUIT
 MEMBERS  OF  UNDERSERVED  COMMUNITIES,  AND  RECRUITMENT  EFFORTS  SHALL
 INCLUDE  OUTREACH  TO  COMMUNITIES THAT BRING DIVERSITY, REPRESENTATION,
 AND INCLUSION OF APPLICANTS BASED ON RACE, GEOGRAPHIC LOCATION, ETHNICI-
 TY, GENDER (INCLUDING GENDER IDENTITY  AND  GENDER  EXPRESSION),  SEXUAL
 ORIENTATION, DISABILITY, AND SOCIOECONOMIC STATUS.
   9.  (A) WITHIN ONE YEAR OF DEVELOPING THE CERTIFICATION PROGRAM PURSU-
 ANT TO SUBDIVISION EIGHT OF THIS SECTION,  AND  ANNUALLY  THEREAFTER  NO
 LATER THAN DECEMBER THIRTY-FIRST OF EACH FOLLOWING YEAR, THE COMMISSION-
 ER  SHALL REPORT TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESI-
 DENT OF SENATE ON THE IMPACT OF SUCH PROGRAM ON:
   (I) THE QUALITY AND RESULTS OF MENTAL HEALTH RESPONSE AND  TRANSPORTA-
 TION;
   (II)  THE NUMBER OF CERTIFICATION REQUESTS, GRANTS, AND DENIALS BY THE
 REGIONAL COUNCILS;
   (III) THE EFFECTIVENESS OF THE PROGRAM IN TRAINING AND RETAINING EMER-
 GENCY MENTAL HEALTH RESPONDERS; AND
   (IV) THE FEASIBILITY OF REPLACING THE  STATE'S  CERTIFICATION  PROGRAM
 WITH A NATIONAL CERTIFICATION PROGRAM.
   (B) THE COMMISSIONER SHALL ESTABLISH A COMPREHENSIVE LIST OF REPORTING
 METRICS  TO  BE  INCLUDED  IN THE ANNUAL REPORT OF THE PROGRAM'S IMPACT,
 WHICH SHALL INCLUDE, AT A MINIMUM:
   (I) THE VOLUME OF REQUESTS FOR ASSISTANCE TO THE STATE COUNCIL AND  TO
 EACH REGIONAL COUNCIL;
   (II)  THE  AVERAGE LENGTH OF TIME TAKEN TO RESPOND TO EACH REQUEST FOR
 ASSISTANCE, AND THE AGGREGATE RATES OF CALL ABANDONMENT;
   (III) THE NUMBER OF MENTAL HEALTH RESPONSE  UNITS  DISPATCHED  BY  THE
 STATE COUNCIL AND EACH REGIONAL COUNCIL;
   (IV)  THE  NUMBER  OF  INDIVIDUALS CONTACTED BY MENTAL HEALTH RESPONSE
 UNITS;
   (V) THE NUMBER OF SUCH INDIVIDUALS  TRANSPORTED  FOR  CARE  BY  MENTAL
 HEALTH RESPONSE UNITS;
   (VI)  THE  NUMBER  OF  SUCH  INDIVIDUALS  TRANSFERRED BY MENTAL HEALTH
 RESPONSE UNIT RESPONDERS TO THE CUSTODY OF POLICE OR PEACE OFFICERS;
   (VII) THE NUMBER OF REQUESTS MADE BY ANY MENTAL HEALTH  RESPONSE  UNIT
 TO LAW ENFORCEMENT TO TRANSPORT OR TAKE CUSTODY OF A PERSON UNDER SUBDI-
 VISIONS FIVE AND SIX OF SECTION THREE THOUSAND THIRTY-FIVE OF THIS ARTI-
 CLE; AND
   (VIII)  THE AGE, GENDER, RACE, ETHNICITY, AND NATIONAL ORIGIN OF INDI-
 VIDUALS CONTACTED, TRANSPORTED, OR TRANSFERRED  BY  EACH  MENTAL  HEALTH
 RESPONSE UNIT.
   10. UPON APPEAL FROM THE APPROPRIATE REGIONAL COUNCIL, THE STATE COUN-
 CIL  SHALL HAVE THE POWER, BY AN AFFIRMATIVE VOTE OF A MAJORITY OF THOSE
 STATE COUNCIL MEMBERS PRESENT, TO  AMEND,  MODIFY  OR  REVERSE  DETERMI-
 NATIONS  OF  ANY  REGIONAL  COUNCIL  (INCLUDING  CERTIFICATION GRANTS OR
 DENIALS) MADE PURSUANT TO SECTION THREE  THOUSAND  THIRTY-FOUR  OF  THIS
 ARTICLE,  ONLY  UPON  A  WRITTEN  FINDING THAT ANY DETERMINATIONS OF THE

 A. 4697                             5
 
 REGIONAL COUNCIL CONFLICT WITH THE PURPOSES SET FORTH IN SUBDIVISION SIX
 OF THIS SECTION.  ALL DETERMINATIONS OF THE STATE COUNCIL RESPECTING ANY
 DETERMINATION, REVOCATION,  SUSPENSION  (EXCEPT  TEMPORARY  SUSPENSION),
 LIMITATION  OR  ANNULMENT OF A MENTAL HEALTH RESPONSE CERTIFICATE ISSUED
 PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION SHALL BE SUBJECT TO REVIEW
 AS PROVIDED IN ARTICLE SEVENTY-EIGHT  OF  THE  CIVIL  PRACTICE  LAW  AND
 RULES.    APPLICATION  FOR  SUCH  REVIEW SHALL BE MADE WITHIN SIXTY DAYS
 AFTER THE APPEALABLE REGIONAL COUNCIL DECISION, AND BE MADE IN PERSON OR
 BY REGISTERED OR CERTIFIED MAIL.
   11. UPON APPEAL FROM THE  APPLICANT,  THE  DEPARTMENT,  OR  ANY  PARTY
 DIRECTLY  IMPACTED  BY  A DETERMINATION OF A REGIONAL COUNCIL, THE STATE
 COUNCIL SHALL HAVE THE POWER TO AMEND, MODIFY OR REVERSE  DETERMINATIONS
 OF  THE REGIONAL COUNCILS MADE PURSUANT TO SECTION THREE HUNDRED THIRTY-
 FOUR THIS ARTICLE BY AN AFFIRMATIVE VOTE OF A MAJORITY  OF  THOSE  STATE
 COUNCIL MEMBERS PRESENT. APPLICATION FOR SUCH REVIEW SHALL BE MADE WITH-
 IN  SIXTY DAYS AFTER THE APPEALABLE REGIONAL COUNCIL DECISION, AND SHALL
 BE MADE IN PERSON OR BY REGISTERED OR CERTIFIED MAIL.
   12. THE STATE COUNCIL SHALL MEET AS FREQUENTLY  AS  ITS  BUSINESS  MAY
 REQUIRE,  BUT  NO LESS FREQUENTLY THAN FOUR TIMES PER YEAR. AT LEAST TWO
 OF SUCH MEETINGS SHALL BE HELD IN A MANNER AND AT  A  TIME  DESIGNED  TO
 MAXIMIZE PARTICIPATION OF WORKING MEMBERS OF THE PUBLIC. MEETINGS OF THE
 REGIONAL  COUNCILS  SHALL BE GOVERNED BY THE PROVISIONS OF ARTICLE SEVEN
 OF THE PUBLIC OFFICERS LAW, AND SHALL BE OPEN TO AND ACCESSIBLE  BY  THE
 PUBLIC,  INCLUDING BY VIDEO CONFERENCE OR COMPUTER TO THE MAXIMUM EXTENT
 POSSIBLE.
   13. THE PRESENCE OF A MAJORITY OF THE  VOTING  MEMBERS  OF  THE  STATE
 COUNCIL  SHALL  CONSTITUTE  A  QUORUM.  THE MEMBERS OF THE STATE COUNCIL
 SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES AS  MEMBERS,  BUT  EACH
 SHALL  BE  ALLOWED  THE  NECESSARY  AND  ACTUAL EXPENSES INCURRED IN THE
 PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION, INCLUDING  A  REASONABLE
 REIMBURSEMENT  RATE FOR TRAVEL, LODGING, AND MEALS WHILE ATTENDING MEET-
 INGS OF THE STATE COUNCIL.
   14. THE COMMISSIONER, UPON REQUEST OF THE STATE COUNCIL, SHALL  DESIG-
 NATE AN OFFICER OR EMPLOYEE OF THE DEPARTMENT TO ACT AS SECRETARY OF THE
 STATE  COUNCIL,  AND SHALL ASSIGN FROM TIME TO TIME SUCH OTHER EMPLOYEES
 AS THE STATE COUNCIL MAY REQUIRE.
   15. IN ANY CIVIL ACTION BROUGHT IN ANY COURT AGAINST ANY STATE COUNCIL
 MEMBER, OFFICER OR EMPLOYEE OF THE STATE COUNCIL FOR ANY ACT DONE, FAIL-
 URE TO ACT, OR STATEMENT OR OPINION MADE WHILE DISCHARGING THEIR  DUTIES
 AS  A MEMBER, OFFICER OR EMPLOYEE OF THE STATE COUNCIL, NO STATE COUNCIL
 MEMBER, OFFICER OR EMPLOYEE OF THIS COUNCIL SHALL BE LIABLE FOR  DAMAGES
 IN  ANY  SUCH  ACTION  IF  HE  OR SHE SHALL HAVE ACTED IN GOOD FAITH AND
 PURSUANT TO THE PURPOSES OF THE STATE  COUNCIL  AS  SET  FORTH  IN  THIS
 SECTION.
   16.  THE  STATE  COUNCIL SHALL, AFTER CONSULTATION WITH THE DEPARTMENT
 AND THE REGIONAL COUNCILS, FORWARD TO THE COMMISSIONER  NOT  LATER  THAN
 DECEMBER  FIRST  EACH  YEAR AN ESTIMATE OF THE AMOUNTS NEEDED TO PROVIDE
 ADEQUATE FUNDING  FOR  MENTAL  HEALTH  RESPONSE  SERVICES  AND  TRAINING
 INCLUDING  REGIONAL  MENTAL  HEALTH  SERVICES  COUNCILS,  MENTAL  HEALTH
 RESPONSE UNITS, STATEWIDE OR REGIONAL DISPATCH SERVICES, THE STATE COUN-
 CIL, AND ANY CERTIFICATION AND TRAINING PROGRAMS NECESSARY TO CARRY  OUT
 THE PURPOSES OF THIS SECTION. SUCH ESTIMATE SHALL BE TRANSMITTED WITHOUT
 CHANGE  BY THE COMMISSIONER TO THE GOVERNOR, THE DIVISION OF THE BUDGET,
 THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  AND
 THE FISCAL AND HEALTH COMMITTEES OF EACH HOUSE OF THE LEGISLATURE.

 A. 4697                             6
 
   §  3. The public health law is amended by adding a new section 3034 to
 read as follows:
   §  3034. REGIONAL MENTAL HEALTH RESPONSE COUNCILS. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) THE "STATE  COUNCIL"  MEANS  THE  NEW  YORK  STATE  MENTAL  HEALTH
 RESPONSE COUNCIL CREATED PURSUANT TO SECTION THREE THOUSAND THIRTY-THREE
 OF THIS ARTICLE.
   (B)  "REGIONAL  COUNCIL"  SHALL MEAN A REGIONAL MENTAL HEALTH RESPONSE
 COUNCIL CREATED PURSUANT TO THIS SECTION.
   (C) "REGIONAL STATE COMMISSIONER" MEANS A MEMBER OF THE STATE  COUNCIL
 APPOINTED  PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION THREE
 THOUSAND THIRTY-THREE OF THIS ARTICLE.
   (D) "MENTAL HEALTH RESPONSE UNIT" SHALL MEAN  MENTAL  HEALTH  RESPONSE
 UNITS ESTABLISHED PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE OF THIS
 ARTICLE.
   2.  THE  COMMISSIONER,  WITH  THE APPROVAL OF THE STATE COUNCIL, SHALL
 DESIGNATE REGIONAL MENTAL HEALTH SERVICES COUNCILS ON OR BEFORE  JANUARY
 FIRST,  TWO  THOUSAND  TWENTY-TWO,  BUT  IN NO EVENT SHALL THE NUMBER OF
 REGIONAL COUNCILS EXCEED  EIGHTEEN.  SUCH  REGIONAL  COUNCILS  SHALL  BE
 ESTABLISHED  ON  THE  BASIS  OF  APPLICATION FOR DESIGNATION AS REGIONAL
 COUNCILS SUBMITTED BY LOCAL ORGANIZATIONS, THE MEMBERS OF WHICH SHALL BE
 KNOWLEDGEABLE IN VARIOUS ASPECTS OF EMERGENCY  MENTAL  HEALTH  TREATMENT
 AND  SERVICES. SUCH APPLICATION SHALL DESCRIBE THE GEOGRAPHIC AREA TO BE
 SERVED AND CONTAIN A LIST OF NOMINEES FOR APPOINTMENT TO  MEMBERSHIP  ON
 SUCH  REGIONAL  COUNCILS  AND  A  STATEMENT AS TO THE PROPOSED METHOD OF
 OPERATION IN SUCH DETAIL AS THE COMMISSIONER, WITH THE APPROVAL  OF  THE
 STATE COUNCIL, SHALL PRESCRIBE. WHEN A REGIONAL MENTAL HEALTH COUNCIL IS
 ESTABLISHED  FOR  A REGION, THE REGIONAL STATE COMMISSIONER REPRESENTING
 SUCH REGION AT THE STATE COUNCIL SHALL SERVE  ON  THE  REGIONAL  COUNCIL
 UNTIL  THE  EXPIRATION OF THEIR STATE COMMISSIONER TERM; THEREAFTER, THE
 COMMISSIONER SHALL APPOINT A PERSON NOMINATED BY THE REGIONAL COUNCIL TO
 SERVE AS REGIONAL STATE COMMISSIONER FOR SUCH REGION.
   3. THE REGIONAL COUNCILS SHALL DEVELOP POLICIES, PROCEDURES, AND TRIA-
 GE, TREATMENT, AND TRANSPORTATION PROTOCOLS WHICH  ARE  CONSISTENT  WITH
 THE  STANDARDS  OF  THE  STATE  COUNCIL AND WHICH ADDRESS SPECIFIC LOCAL
 CONDITIONS.
   4. EACH REGIONAL COUNCIL SHALL BE COMPRISED OF AT LEAST  THIRTEEN  BUT
 NOT  MORE  THAN  TWENTY-ONE  MEMBERS  TO  BE  INITIALLY APPOINTED BY THE
 REGIONAL  STATE  COMMISSIONER  FOR  THE  APPROPRIATE  REGION,  WITH  THE
 APPROVAL  OF  THE  STATE  COUNCIL,  FROM  NOMINATIONS SUBMITTED BY LOCAL
 ORGANIZATIONS AND INDIVIDUALS APPLYING TO THE REGIONAL COUNCIL.
   (A) THE APPROPRIATE REGIONAL STATE COMMISSIONER SHALL ENSURE,  TO  THE
 MAXIMUM  EXTENT POSSIBLE, THAT THE REGIONAL COUNCIL APPOINTMENTS REFLECT
 THE DIVERSITY OF RACE, AGE, LANGUAGE, NATIONAL  ORIGIN,  ETHNICITY,  AND
 DISABILITY PRESENT IN SUCH REGION.
   (B)  EACH  INDIVIDUAL  APPOINTED  TO  THE  REGIONAL COUNCIL SHALL HAVE
 DEMONSTRATED KNOWLEDGE OF, AND SKILLS IN, CULTURALLY COMPETENT PROVISION
 OF MENTAL HEALTH OR SUBSTANCE ABUSE SERVICES  AND  TREATMENT.    SPECIF-
 ICALLY, EACH PERSON APPOINTED TO A REGIONAL COUNCIL SHALL BE:
   (I) A LICENSED MENTAL HEALTH OR DRUG ADDICTION CLINICIAN;
   (II) A LICENSED MENTAL HEALTH OR DRUG ADDICTION COUNSELOR;
   (III)  A  LICENSED  PHYSICIAN,  NURSE,  OR MENTAL HEALTH PROVIDER WITH
 EXPERIENCE OR SKILLS IN THE CULTURALLY-COMPETENT PROVISION OF CARE;
   (IV) A MENTAL HEALTH OR ADDICTION COUNSELOR CERTIFIED AS A PEER;
   (V) A REPRESENTATIVE OF A NOT-FOR-PROFIT DISABILITY  RIGHTS  ORGANIZA-
 TION; OR

 A. 4697                             7
 
   (VI) A COMMUNITY HEALTH WORKER CERTIFIED AS A PEER.
   (C)  THE  REGIONAL  STATE  COMMISSIONER  SHALL NOT APPROVE NOMINEES TO
 THEIR REGIONAL COUNCIL UNLESS ONE-THIRD OF THE REGIONAL COUNCILORS  HAVE
 DEMONSTRATED CERTIFICATION, TRAINING, OR EMPLOYMENT IN CULTURALLY-COMPE-
 TENT RESPONSES TO MENTAL HEALTH OR SUBSTANCE ABUSE CRISES.
   (D)  THE REGIONAL STATE COMMISSIONER SHALL NOT APPROVE NOMINEES TO THE
 REGIONAL COUNCIL UNLESS ONE-THIRD OF THE REGIONAL  COUNCILORS  FOR  SUCH
 REGIONAL  COUNCIL  HAVE  DEMONSTRATED  LIFE  EXPERIENCE WITH, OR CERTIF-
 ICATION OR TRAINING AS A PEER OF PERSON OR PERSONS WITH LIFE  EXPERIENCE
 WITH, MENTAL HEALTH CRISIS, DRUG ADDICTION, OR DISABILITY.
   (E)  THE  COUNTY  EMS COORDINATOR, ESTABLISHED PURSUANT TO SECTION TWO
 HUNDRED TWENTY-THREE-B OF THE COUNTY  LAW,  OF  ANY  COUNTY  WITHIN  THE
 REGION  SHALL  SERVE  AS  AN EX OFFICIO MEMBER OF SUCH REGION'S REGIONAL
 COUNCIL, PROVIDED, HOWEVER,  THAT  NOTHING  IN  THIS  SUBDIVISION  SHALL
 PREVENT  A COUNTY EMS COORDINATOR FROM BEING NOMINATED TO AND SERVING AS
 A VOTING MEMBER OF A REGIONAL COUNCIL.
   (F) THE COUNTY DIRECTOR OF COMMUNITY SERVICES, OR THE  COUNTY  COMMIS-
 SIONER OF MENTAL HEALTH, OF ANY COUNTY WITHIN A REGION SHALL SERVE AS AN
 EX  OFFICIO MEMBER OF SUCH REGION'S REGIONAL COUNCIL, PROVIDED, HOWEVER,
 THAT NOTHING IN THIS SUBDIVISION SHALL PREVENT A COUNTY EMS  COORDINATOR
 FROM  BEING  NOMINATED  TO  AND SERVING AS A VOTING MEMBER OF A REGIONAL
 COUNCIL.
   (G) MEMBERS OF EACH REGIONAL COUNCIL SHALL BE RESIDENTS LIVING  WITHIN
 THE  GEOGRAPHIC AREA TO BE SERVED BY SUCH REGIONAL COUNCIL. THE PRESENCE
 OF A MAJORITY OF VOTING MEMBERS OF A REGIONAL COUNCIL SHALL CONSTITUTE A
 QUORUM.
   5. EACH REGIONAL COUNCIL SHALL DEVELOP PROCEDURES  TO  ENSURE  COORDI-
 NATION  AND  COMMUNICATION  BETWEEN  EMS  SERVICES, THE REGIONAL MEDICAL
 SERVICES COUNCIL, STATE  POLICE,  SHERIFF'S  DEPARTMENTS,  LOCAL  POLICE
 DEPARTMENTS,  AMBULANCE AND DISPATCH SERVICES, AND SUCH REGIONAL COUNCIL
 TO ENSURE RAPID AND COORDINATED PUBLIC HEALTH RESPONSES TO MENTAL HEALTH
 EMERGENCIES, AND SHALL DESIGNATE A PROCEDURE FOR EMERGENCY  NOTIFICATION
 BY EMS PERSONNEL, PEACE OFFICERS AS DEFINED BY SECTION 2.10 OF THE CRIM-
 INAL PROCEDURE LAW, OR POLICE OFFICERS AS DEFINED BY SECTION 1.20 OF THE
 CRIMINAL  PROCEDURE  LAW,  THAT  A  PERSON IS IN NEED OF A MENTAL HEALTH
 RESPONSE UNIT WITHIN ITS REGION.
   6. EACH REGIONAL COUNCIL SHALL HAVE THE POWER TO:
   (A) HAVE A SEAL AND ALTER SUCH SEAL AT PLEASURE;
   (B) ACQUIRE, LEASE, HOLD, AND DISPOSE OF REAL AND PERSONAL PROPERTY OR
 ANY INTEREST THEREIN FOR ITS PURPOSES;
   (C) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND  INTERNAL  MANAGE-
 MENT, AND RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS POWERS AND
 THE FULFILLMENT OF ITS PURPOSES UNDER THIS SECTION; SUCH RULES AND REGU-
 LATIONS  SHALL  BE FILED WITH THE SECRETARY OF STATE AND THE STATE COUN-
 CIL;
   (D) ENTER INTO CONTRACTS FOR EMPLOYMENT OF SUCH OFFICERS AND EMPLOYEES
 AS IT MAY REQUIRE FOR THE PERFORMANCE OF ITS  DUTIES,  AND  TO  FIX  AND
 DETERMINE  THEIR QUALIFICATIONS, DUTIES, AND COMPENSATION, AND TO RETAIN
 AND EMPLOY SUCH PERSONNEL AS MAY BE REQUIRED FOR ITS  PURPOSES,  AND  TO
 HIRE  PRIVATE  CONSULTANTS  ON  A  CONTRACT  BASIS OR OTHERWISE, FOR THE
 RENDERING OF PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE;
   (E) ENTER INTO CONTRACTS, LEASES, AND SUBLEASES  AND  TO  EXECUTE  ALL
 INSTRUMENTS  NECESSARY  OR  CONVENIENT  FOR THE CONDUCT OF ITS BUSINESS,
 INCLUDING CONTRACTS WITH THE COMMISSIONER OR ANY STATE AGENCY OR MUNICI-
 PAL ENTITY, AND ENTER INTO CONTRACTS WITH HOSPITALS AND  PHYSICIANS  FOR
 THE PURPOSES OF CARRYING OUT ITS POWERS UNDER THIS SECTION;

 A. 4697                             8
 
   (F)  UNDERTAKE  OR CAUSE TO BE UNDERTAKEN PLANS, SURVEYS, ANALYSES AND
 STUDIES NECESSARY, CONVENIENT OR DESIRABLE FOR THE EFFECTUATION  OF  ITS
 PURPOSES  AND  POWERS,  AND  TO  PREPARE  RECOMMENDATIONS AND REPORTS IN
 REGARD THERETO;
   (G)  FIX AND COLLECT REASONABLE FEES, RENTS, AND OTHER CHARGES FOR THE
 USE OF ITS EQUIPMENT AND THE PROVISION OF ITS SERVICES;
   (H) CONTRACT FOR AND TO ACCEPT ANY  GIFTS  OR  GRANTS,  SUBSIDIES,  OR
 LOANS  OF  FUNDS OR PROPERTY, OR FINANCIAL OR OTHER AID IN ANY FORM FROM
 THE FEDERAL OR STATE GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY  THERE-
 OF;  OR FROM ANY OTHER SOURCE, PUBLIC OR PRIVATE, AND TO COMPLY, SUBJECT
 TO THE PROVISIONS OF THIS SECTION, WITH THE TERMS AND CONDITIONS  THERE-
 OF,  PROVIDED,  HOWEVER,  THAT  THE  REGIONAL  COUNCILS MAY CONTRACT FOR
 PAYMENT OF DEBT EVIDENCED BY BONDS OR NOTES OR OTHER EVIDENCE OF INDEBT-
 EDNESS, EITHER DIRECTLY OR THROUGH A LEASE PURCHASE AGREEMENT;
   (I) RECOMMEND TO THE DEPARTMENT TRAINING COURSE  SPONSORS  WITHIN  ITS
 REGION,  AND  TO  DEVELOP,  PROMULGATE  AND  IMPLEMENT ANNUALLY A MENTAL
 HEALTH RESPONSE TRAINING PLAN WHICH ADDRESSES THE NEEDS OF ITS REGION;
   (J) ENTER INTO CONTRACTS OR MEMORANDA OF AGREEMENT WITH OTHER REGIONAL
 COUNCILS TO PROVIDE SERVICES IN A JOINT OR COOPERATIVE  MANNER,  AND  TO
 ENTER INTO CONTRACTS OR MEMORANDA OF AGREEMENT WITH AN EMERGENCY MEDICAL
 SERVICES PROGRAM AGENCY TO CARRY OUT ONE OR MORE OF ITS RESPONSIBILITIES
 UNDER  THIS SECTION, PROVIDED SUCH SERVICES ARE CERTIFIED BY AND CARRIED
 OUT PURSUANT TO THE STANDARDS AND TRAINING SET FORTH BY THE STATE  COUN-
 CIL;
   (K) PROCURE INSURANCE AGAINST ANY LOSS OR LIABILITY IN CONNECTION WITH
 THE  USE,  MANAGEMENT,  MAINTENANCE,  AND OPERATION OF ITS EQUIPMENT AND
 FACILITIES, IN SUCH AMOUNTS AND FROM  SUCH  INSURERS  AS  IT  REASONABLY
 DEEMS NECESSARY; AND
   (L) DO ALL THINGS NECESSARY, CONVENIENT AND DESIRABLE TO CARRY OUT ITS
 PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED IN THIS SECTION.
   7.  EACH  REGIONAL COUNCIL SHALL HAVE THE RESPONSIBILITY TO COORDINATE
 MENTAL HEALTH SERVICES PROGRAMS WITHIN ITS  REGION,  INCLUDING  BUT  NOT
 LIMITED  TO,  THE  CERTIFICATION OF MENTAL HEALTH RESPONSE UNITS, ESTAB-
 LISHMENT OF MENTAL HEALTH RESPONDER COURSES AND THE ISSUANCE OF  UNIFORM
 MENTAL HEALTH RESPONDER INSIGNIA AND CERTIFICATES. SUCH TRAINING COURSES
 SHALL  BE  MADE  AVAILABLE  BY  VIDEO  OR COMPUTER TO THE MAXIMUM EXTENT
 POSSIBLE.
   8. EACH REGIONAL COUNCIL SHALL HAVE THE RESPONSIBILITY TO MAKE  DETER-
 MINATIONS  OF  PUBLIC NEED FOR THE ESTABLISHMENT OF ADDITIONAL EMERGENCY
 MENTAL HEALTH SERVICES. THE REGIONAL COUNCIL SHALL  MAKE  SUCH  DETERMI-
 NATION  BY  AN  AFFIRMATIVE  VOTE OF A MAJORITY OF ALL OF THOSE REGIONAL
 COUNCIL MEMBERS CONSISTING OF VOTING MEMBERS.
   9. THE TERM OF OFFICE OF MEMBERS OF THE REGIONAL COUNCIL SHALL BE FOUR
 YEARS, EXCEPT THAT OF THOSE MEMBERS FIRST APPOINTED, AT  LEAST  ONE-HALF
 BUT NOT MORE THAN TWO-THIRDS SHALL BE FOR TERMS NOT TO EXCEED TWO YEARS.
   10. EACH REGIONAL COUNCIL SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY
 REQUIRE,  BUT  NO LESS FREQUENTLY THAN FOUR TIMES PER YEAR. AT LEAST TWO
 OF SUCH MEETINGS SHALL BE HELD IN A MANNER AND AT  A  TIME  DESIGNED  TO
 MAXIMIZE PARTICIPATION OF WORKING MEMBERS OF THE PUBLIC. MEETINGS OF THE
 REGIONAL  COUNCILS  SHALL BE GOVERNED BY THE PROVISIONS OF ARTICLE SEVEN
 OF THE PUBLIC OFFICERS LAW, AND SHALL BE OPEN TO AND ACCESSIBLE  BY  THE
 PUBLIC  INCLUDING BY VIDEO CONFERENCE OR COMPUTER TO THE GREATEST EXTENT
 POSSIBLE.
   11. THE COMMISSIONER, UPON REQUEST OF A REGIONAL COUNCIL,  MAY  DESIG-
 NATE  AN  OFFICER  OR  EMPLOYEE OF THE DEPARTMENT TO ACT AS SECRETARY OF

 A. 4697                             9
 
 SUCH REGIONAL COUNCIL, AND MAY ASSIGN  FROM  TIME  TO  TIME  SUCH  OTHER
 EMPLOYEES AS SUCH REGIONAL COUNCIL MAY REQUIRE.
   12. IN ANY CIVIL ACTION BROUGHT IN ANY COURT AGAINST ANY MEMBER, OFFI-
 CER  OR  EMPLOYEE  OF  THE REGIONAL COUNCIL FOR ANY ACT DONE, FAILURE TO
 ACT, OR STATEMENT OR OPINION MADE WHILE DISCHARGING THEIR  DUTIES  AS  A
 MEMBER, OFFICER OR EMPLOYEE OF SUCH REGIONAL COUNCIL, NO MEMBER, OFFICER
 OR  EMPLOYEE OF SUCH REGIONAL COUNCIL SHALL BE LIABLE FOR DAMAGES IN ANY
 SUCH ACTION IF HE OR SHE SHALL HAVE ACTED IN GOOD FAITH AND PURSUANT  TO
 THE PURPOSES OF SUCH REGIONAL COUNCIL, AS SET FORTH IN THIS SECTION.
   13.  THE DEPARTMENT SHALL PROVIDE EACH REGIONAL COUNCIL WITH THE FUNDS
 NECESSARY TO ENABLE SUCH REGIONAL COUNCIL TO CARRY OUT ITS  RESPONSIBIL-
 ITIES  AS MANDATED UNDER THIS SECTION WITHIN AMOUNTS APPROPRIATED THERE-
 FOR. SUCH FUNDS SHALL BE PROVIDED UPON APPROVAL BY THE DEPARTMENT OF  AN
 APPLICATION  SUBMITTED  BY  THE REGIONAL COUNCIL. SUCH APPLICATION SHALL
 CONTAIN SUCH INFORMATION AND BE IN SUCH FORM AS THE  COMMISSIONER  SHALL
 REQUIRE  PURSUANT  TO  RULES AND REGULATIONS WHICH THEY SHALL PROMULGATE
 AFTER CONSULTATION WITH  THE  STATE  COUNCIL  IN  ORDER  TO  AFFECT  THE
 PURPOSES AND PROVISIONS OF THIS SUBDIVISION.
   §  4. The public health law is amended by adding a new section 3035 to
 read as follows:
   § 3035. MENTAL HEALTH RESPONSE UNITS. 1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  THE  "STATE  COUNCIL"  MEANS  THE  NEW  YORK  STATE MENTAL HEALTH
 RESPONSE COUNCIL CREATED PURSUANT TO SECTION THREE THOUSAND THIRTY-THREE
 OF THIS ARTICLE.
   (B) "REGIONAL COUNCIL" SHALL MEAN A REGIONAL  MENTAL  HEALTH  RESPONSE
 COUNCIL  CREATED  PURSUANT TO SECTION THREE THOUSAND THIRTY-FOUR OF THIS
 ARTICLE.
   (C) "REGIONAL STATE COMMISSIONER" MEANS A MEMBER OF THE STATE  COUNCIL
 APPOINTED  PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION THREE
 THOUSAND THIRTY-THREE OF THIS ARTICLE.
   (D) "MENTAL HEALTH RESPONSE UNIT" SHALL MEAN  MENTAL  HEALTH  RESPONSE
 UNITS ESTABLISHED PURSUANT TO THIS SECTION.
   (E)  "E911 SYSTEM" MEANS AN ENHANCED EMERGENCY TELEPHONE SERVICE WHICH
 AUTOMATICALLY CONNECTS A PERSON DIALING THE DIGITS 9-1-1  TO  AN  ESTAB-
 LISHED  PUBLIC  SERVICE ANSWERING POINT AND WHICH SHALL INCLUDE, BUT NOT
 BE LIMITED TO, SELECTIVE ROUTING, AUTOMATIC  NUMBER  IDENTIFICATION  AND
 AUTOMATIC LOCATION IDENTIFICATION.
   2.  PURSUANT  TO THE POWERS AND DUTIES OF THE STATE AND REGIONAL COUN-
 CILS, A MENTAL HEALTH RESPONSE UNIT SHALL HAVE THE POWER  AND  AUTHORITY
 TO  RESPOND  TO  PEOPLE  IN  DISTRESS DUE TO MENTAL HEALTH CONDITIONS OR
 SUBSTANCE USE. ANY PAID OR VOLUNTEER MEMBER OF A MENTAL HEALTH  RESPONSE
 UNIT SHALL BE CERTIFIED UNDER THE STANDARDS SET FORTH BY THE STATE COUN-
 CIL OR THEIR REGIONAL COUNCIL.
   3. A MENTAL HEALTH RESPONSE UNIT MAY RESPOND TO ANY PERSON IN DISTRESS
 DUE TO MENTAL HEALTH CONDITIONS OR SUBSTANCE ABUSE, AND SHALL IMMEDIATE-
 LY  RESPOND TO ANY PERSON IN DISTRESS UNDER ANY OF THE FOLLOWING CIRCUM-
 STANCES:
   (A) A NOTIFICATION OR REQUEST FROM THE E911 SYSTEM FOR A MENTAL HEALTH
 RESPONSE;
   (B) A NOTIFICATION OR REQUEST FROM THE STATE POLICE, AUTHORIZED POLICE
 FORCE, OR SHERIFF'S DEPARTMENT FOR A MENTAL HEALTH RESPONSE;
   (C) A REQUEST FROM THE CHIEF HEALTH OFFICER OF ANY CITY OR COUNTY,  OR
 ANY COUNTY DIRECTOR OF SOCIAL SERVICES OR THEIR DESIGNEE;
   (D)  A  NOTIFICATION  OR  REQUEST FROM ANY ALTERNATIVE DISPATCH SYSTEM
 DESIGNED FOR NON-CRIMINAL EMERGENCY RESPONSE.

 A. 4697                            10
 
   4. PURSUANT TO THE GUIDELINES AND STANDARDS PROMULGATED BY  THE  STATE
 COUNCIL,  AND  PURSUANT  TO A REGIONAL COUNCIL'S LOCAL GUIDANCE, IF ANY,
 ANY CERTIFIED MEMBER OF A MENTAL  HEALTH  RESPONSE  UNIT  MAY  OFFER  TO
 TRANSPORT  ANY  PERSON IN DISTRESS DUE TO MENTAL HEALTH OR SUBSTANCE USE
 TO  ENSURE  THAT  SUCH  PERSON GETS APPROPRIATE, TRAUMA-INFORMED MEDICAL
 CARE.
   5. PURSUANT TO THE GUIDELINES AND STANDARDS PROMULGATED BY  THE  STATE
 COUNCIL,  AND  PURSUANT  TO A REGIONAL COUNCIL'S LOCAL GUIDANCE, IF ANY,
 ANY CERTIFIED MEMBER OF A MENTAL HEALTH RESPONSE UNIT MAY TRANSPORT  ANY
 PERSON  IN  DISTRESS  DUE  TO MENTAL HEALTH OR SUBSTANCE USE TO THE BEST
 LOCATION FOR APPROPRIATE, TRAUMA-INFORMED CARE, IF SUCH PERSON  CONSENTS
 TO  SUCH  TRANSPORT  AND/OR TREATMENT. FOR PURPOSES OF THIS SUBDIVISION,
 "APPROPRIATE, TRAUMA-INFORMED  CARE"  MAY  INCLUDE  ANY  MENTAL  HEALTH,
 MEDICAL,  OR  SUBSTANCE  ABUSE  FACILITY,  A PRIVATE RESIDENCE, OR OTHER
 LOCATIONS AS DEEMED PROPER BY A CERTIFIED MENTAL HEALTH RESPONDER.
   6. ANY CERTIFIED MENTAL HEALTH RESPONDER  MAY  REQUEST  THAT  A  PEACE
 OFFICER  AS  DEFINED  BY  SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, OR
 POLICE OFFICER AS DEFINED BY SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
 TRANSPORT A PERSON IN  DISTRESS  DUE  TO  MENTAL  HEALTH  CONDITIONS  OR
 SUBSTANCE  ABUSE,  WHEN SUCH RESPONDER HAS EXHAUSTED ALTERNATIVE METHODS
 FOR OBTAINING CONSENT FROM SUCH PERSON, SUCH PERSON REFUSES TREATMENT OR
 TRANSPORT FROM SUCH RESPONDER; AND:
   (A) SUCH PERSON POSES A SUBSTANTIAL RISK OF  PHYSICAL  HARM  TO  OTHER
 PERSONS  AS  MANIFESTED  BY HOMICIDAL OR OTHER VIOLENT BEHAVIOR BY WHICH
 OTHERS ARE PLACED IN REASONABLE FEAR OF SERIOUS PHYSICAL HARM; OR
   (B) SUCH MENTAL HEALTH RESPONDER MAKES AN ASSESSMENT, IN LIGHT OF  THE
 TOTALITY  OF  THE  CIRCUMSTANCES,  THAT  A  MENTAL  HEALTH RESPONSE UNIT
 RESPONDER IS AT RISK OF PHYSICAL VIOLENCE DUE TO THE PERSON'S ACTIONS.
   7. ANY CERTIFIED MENTAL HEALTH RESPONDER SHALL REQUEST  THAT  A  PEACE
 OFFICER  AS  DEFINED  BY  SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, OR
 POLICE OFFICER AS DEFINED BY SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
 TRANSPORT A PERSON IN  DISTRESS  DUE  TO  MENTAL  HEALTH  CONDITIONS  OR
 SUBSTANCE ABUSE PURSUANT TO SECTION 9.41 OF THE MENTAL HYGIENE LAW, WHEN
 SUCH  RESPONDER  HAS EXHAUSTED ALTERNATIVE METHODS FOR OBTAINING CONSENT
 FROM SUCH PERSON, SUCH PERSON REFUSES TREATMENT OR TRANSPORT  FROM  SUCH
 RESPONDER, AND SUCH CERTIFIED MENTAL HEALTH RESPONDER BELIEVES THAT SUCH
 PERSON  POSES  AN  IMMINENT  RISK  OF SERIOUS PHYSICAL HARM TO ANY OTHER
 PERSON OR PERSONS.
   § 5. Paragraph (a) of subdivision 4 of section 328 of the county  law,
 as  added  by  section 1 of part G of chapter 81 of the laws of 2002, is
 amended to read as follows:
   (a) The board shall promulgate minimum standards for the operation  of
 public  safety answering points, which shall include, but not be limited
 to, minimum staffing requirements,  minimum  educational  qualifications
 for  911  call-takers and dispatchers, and minimum training requirements
 for 911 call-takers and dispatchers, but which shall not  include  those
 standards required by paragraph (b) of this subdivision. In promulgating
 such  standards,  the  board shall examine national models of best prac-
 tice[. Such standards], AND SHALL INCORPORATE THE  RECOMMENDATIONS  MADE
 BY THE NEW YORK STATE MENTAL HEALTH RESPONSE COUNCIL PURSUANT TO SECTION
 THREE  THOUSAND  THIRTY-THREE OF THE PUBLIC HEALTH LAW FOR THE DISPATCH,
 RESPONSE, AND TRANSPORT OF  INDIVIDUALS  EXPERIENCING  DISTRESS  DUE  TO
 MENTAL HEALTH ISSUES OR SUBSTANCE USE. STANDARDS INCORPORATING THE GUID-
 ANCE  OF  SUCH STATE COUNCIL shall be promulgated no later than [October
 first, two thousand three] JANUARY FIRST, TWO THOUSAND TWENTY-TWO.

 A. 4697                            11
 
   § 6. Section 9.41 of the mental hygiene law, as amended by chapter 723
 of the laws of 1989, is amended to read as follows:
 § 9.41 Emergency  admissions for immediate observation, care, and treat-
            ment; powers of certain peace officers and police officers.
   1. Any peace officer, when acting  pursuant  to  [his  or  her]  THEIR
 special duties, or police officer who is a member of the state police or
 of an authorized police department or force or of a sheriff's department
 may take into custody any person who appears to be mentally ill [and] OR
 UNDER  THE  INFLUENCE  OF CONTROLLED SUBSTANCES IN THE FOLLOWING CIRCUM-
 STANCES:
   (A) THE PERSON is conducting [himself  or  herself]  THEMSELVES  in  a
 manner  which  is  likely  to  result  in [serious harm to the person or
 others] AN IMMINENT RISK OF SERIOUS PHYSICAL HARM TO  OTHER  PERSONS  AS
 MANIFESTED  BY  HOMICIDAL  OR OTHER VIOLENT BEHAVIOR BY WHICH OTHERS ARE
 PLACED IN REASONABLE FEAR OF SERIOUS PHYSICAL HARM.   Such  officer  may
 direct  the  removal  of  such person or remove [him or her] THEM to any
 hospital specified in subdivision (a) of section 9.39 OF THIS ARTICLE or
 any comprehensive psychiatric emergency program specified in subdivision
 (a) of section 9.40 OF THIS ARTICLE, or,  pending  [his  or  her]  THEIR
 examination or admission to any such hospital or COMPREHENSIVE PSYCHIAT-
 RIC  EMERGENCY  program,  temporarily  detain any such person in another
 safe and comfortable place, in which event,  such  officer  shall  imme-
 diately notify:
   (I)  THE  APPROPRIATE  REGIONAL  MENTAL HEALTH RESPONSE COUNCIL ESTAB-
 LISHED PURSUANT TO SECTION THREE  THOUSAND  THIRTY-FOUR  OF  THE  PUBLIC
 HEALTH  LAW,  PURSUANT  TO  THE EMERGENCY PROCEDURES UNDER SECTION THREE
 HUNDRED TWENTY-EIGHT OF THE COUNTY LAW, IF  ANY,  AND  the  director  of
 community  services or, if there be none, the health officer of the city
 or county of such action[.];
   (II) THE STATE POLICE, DEPARTMENT, OR FORCE OF WHICH THE OFFICER IS  A
 MEMBER  HAS  BEEN REQUESTED OR DIRECTED TO RESPOND BY A CERTIFIED MENTAL
 HEALTH RESPONSE UNIT AS SET FORTH IN SECTION THREE THOUSAND  THIRTY-FIVE
 OF THE PUBLIC HEALTH LAW;
   (III)  A CERTIFIED MENTAL HEALTH RESPONSE UNIT AS SET FORTH IN SECTION
 THREE THOUSAND THIRTY-FIVE OF THE PUBLIC HEALTH LAW IS  PRESENT  ON  THE
 SCENE  WITH  THE  OFFICER  AND  IS  INCAPACITATED OR OTHERWISE UNABLE TO
 COMMUNICATE A REQUEST THAT THE OFFICER TAKE CUSTODY OF  THE  INDIVIDUAL;
 OR
   (B) THE PERSON IS CONDUCTING THEMSELVES IN A MANNER WHICH IS LIKELY TO
 RESULT  IN IMMINENT SERIOUS PHYSICAL HARM TO THEMSELVES AS MANIFESTED BY
 THREATS OF OR ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM, AND EITHER:
   (I) NO REGIONAL COUNCIL ESTABLISHED PURSUANT TO SECTION THREE THOUSAND
 THIRTY-FOUR OF THE PUBLIC HEALTH LAW HAS BEEN ESTABLISHED IN THE  REGION
 WHERE THE PERSON IS; OR
   (II)  THE REGIONAL COUNCIL ESTABLISHED PURSUANT TO SECTION THREE THOU-
 SAND THIRTY-FOUR OF THE PUBLIC HEALTH LAW HAS NOTIFIED THE STATE COUNCIL
 ESTABLISHED PURSUANT TO  SECTION  THREE  THOUSAND  THIRTY-THREE  OF  THE
 PUBLIC  HEALTH  LAW,  REQUESTING  A MENTAL HEALTH RESPONSE UNIT BUT SUCH
 MENTAL HEALTH RESPONSE UNIT HAS NOT  ARRIVED  TO  THE  PLACE  WHERE  THE
 PERSON  IS  LOCATED,  AND TAKING THE PERSON IS NECESSARY TO PREVENT SUCH
 PERSON FROM EXPERIENCING SERIOUS PHYSICAL INJURY OR DEATH.
   2. SUCH OFFICER MAY DIRECT THE REMOVAL OF SUCH PERSON OR  REMOVE  SUCH
 PERSON  TO  ANY HOSPITAL SPECIFIED IN SUBDIVISION (A) OF SECTION 9.39 OF
 THIS ARTICLE OR, PENDING THEIR EXAMINATION  OR  ADMISSION  TO  ANY  SUCH
 HOSPITAL,  TEMPORARILY  DETAIN  ANY  SUCH  PERSON  IN  ANOTHER  SAFE AND
 COMFORTABLE PLACE, IN WHICH EVENT, SUCH OFFICER SHALL IMMEDIATELY  NOTI-

 A. 4697                            12
 
 FY:  THE REGIONAL COUNCIL ESTABLISHED PURSUANT TO SECTION THREE THOUSAND
 THIRTY-FOUR  OF  THE  PUBLIC HEALTH LAW PURSUANT TO THE EMERGENCY PROCE-
 DURES SET FORTH IN SECTION THREE HUNDRED TWENTY-EIGHT OF THE COUNTY LAW,
 IF ANY, AND THE DIRECTOR OF COMMUNITY SERVICES OR, IF THERE BE NONE, THE
 HEALTH OFFICER OF THE CITY OR COUNTY OF SUCH ACTION.
   § 7. Section 9.41 of the mental hygiene law, as amended by chapter 843
 of the laws of 1980, is amended to read as follows:
 § 9.41 Emergency  admissions for immediate observation, care, and treat-
            ment; powers of certain peace officers and police officers.
   1. Any peace officer, when acting  pursuant  to  [his]  THEIR  special
 duties,  or  police officer who is a member of the state police or of an
 authorized police department or force or of a sheriff's  department  may
 take  into  custody  any  person who appears to be mentally ill [and] OR
 UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES IN  THE  FOLLOWING  CIRCUM-
 STANCES:
   (A) THE PERSON is conducting [himself] THEMSELVES in a manner which is
 likely  to result in [serious harm to himself or others.  "Likelihood to
 result in serious harm" shall mean (1) substantial risk of physical harm
 to himself as manifested by threats of or attempts at suicide or serious
 bodily harm or other conduct  demonstrating  that  he  is  dangerous  to
 himself, or (2) a substantial risk] AN IMMINENT RISK of SERIOUS physical
 harm to other persons as manifested by homicidal or other violent behav-
 ior  by  which  others are placed in reasonable fear of serious physical
 harm.  Such officer may direct the removal  of  such  person  or  remove
 [him]  THEM to any hospital specified in subdivision (a) of section 9.39
 OF THIS ARTICLE or, COMPREHENSIVE PSYCHIATRIC EMERGENCY  PROGRAM  SPECI-
 FIED  IN  SUBDIVISION  (A)  OF  SECTION 9.40 OF THIS ARTICLE, OR pending
 [his] THEIR examination or admission to any such hospital OR  COMPREHEN-
 SIVE  PSYCHIATRIC  EMERGENCY PROGRAM, temporarily detain any such person
 in another safe and comfortable place,  in  which  event,  such  officer
 shall immediately notify:
   (I)  THE  APPROPRIATE  REGIONAL  MENTAL HEALTH RESPONSE COUNCIL ESTAB-
 LISHED PURSUANT TO SECTION THREE  THOUSAND  THIRTY-FOUR  OF  THE  PUBLIC
 HEALTH  LAW,  PURSUANT  TO  THE EMERGENCY PROCEDURES UNDER SECTION THREE
 HUNDRED TWENTY-EIGHT OF THE COUNTY LAW, IF  ANY,  AND  the  director  of
 community  services or, if there be none, the health officer of the city
 or county of such action[.];
   (II) THE STATE POLICE, DEPARTMENT, OR FORCE OF WHICH THE OFFICER IS  A
 MEMBER  HAS  BEEN REQUESTED OR DIRECTED TO RESPOND BY A CERTIFIED MENTAL
 HEALTH RESPONSE UNIT AS SET FORTH IN SECTION THREE THOUSAND  THIRTY-FIVE
 OF THE PUBLIC HEALTH LAW;
   (III)  A CERTIFIED MENTAL HEALTH RESPONSE UNIT AS SET FORTH IN SECTION
 THREE THOUSAND THIRTY-FIVE OF THE PUBLIC HEALTH LAW IS  PRESENT  ON  THE
 SCENE  WITH  THE  OFFICER  AND  IS  INCAPACITATED OR OTHERWISE UNABLE TO
 COMMUNICATE A REQUEST THAT THE OFFICER TAKE CUSTODY OF  THE  INDIVIDUAL;
 OR
   (B) THE PERSON IS CONDUCTING THEMSELVES IN A MANNER WHICH IS LIKELY TO
 RESULT  IN IMMINENT SERIOUS PHYSICAL HARM TO THEMSELVES AS MANIFESTED BY
 THREATS OF OR ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM, AND EITHER:
   (I) NO REGIONAL COUNCIL ESTABLISHED PURSUANT TO SECTION THREE THOUSAND
 THIRTY-FOUR OF THE PUBLIC HEALTH LAW HAS BEEN ESTABLISHED IN THE  REGION
 WHERE THE PERSON IS; OR
   (II)  THE REGIONAL COUNCIL ESTABLISHED PURSUANT TO SECTION THREE THOU-
 SAND THIRTY-FOUR OF THE PUBLIC HEALTH LAW HAS NOTIFIED THE STATE COUNCIL
 ESTABLISHED PURSUANT TO  SECTION  THREE  THOUSAND  THIRTY-THREE  OF  THE
 PUBLIC  HEALTH  LAW,  REQUESTING  A MENTAL HEALTH RESPONSE UNIT BUT SUCH

 A. 4697                            13
 
 MENTAL HEALTH RESPONSE UNIT HAS NOT  ARRIVED  TO  THE  PLACE  WHERE  THE
 PERSON  IS  LOCATED,  AND TAKING THE PERSON IS NECESSARY TO PREVENT SUCH
 PERSON FROM EXPERIENCING SERIOUS PHYSICAL INJURY OR DEATH.
   2.  SUCH  OFFICER MAY DIRECT THE REMOVAL OF SUCH PERSON OR REMOVE SUCH
 PERSON TO ANY HOSPITAL SPECIFIED IN SUBDIVISION (A) OF SECTION  9.39  OF
 THIS  ARTICLE  OR,  PENDING  THEIR  EXAMINATION OR ADMISSION TO ANY SUCH
 HOSPITAL, TEMPORARILY  DETAIN  ANY  SUCH  PERSON  IN  ANOTHER  SAFE  AND
 COMFORTABLE  PLACE, IN WHICH EVENT, SUCH OFFICER SHALL IMMEDIATELY NOTI-
 FY:  THE REGIONAL COUNCIL ESTABLISHED PURSUANT TO SECTION THREE THOUSAND
 THIRTY-FOUR OF THE PUBLIC HEALTH LAW PURSUANT TO  THE  EMERGENCY  PROCE-
 DURES SET FORTH IN SECTION THREE HUNDRED TWENTY-EIGHT OF THE COUNTY LAW,
 IF ANY, AND THE DIRECTOR OF COMMUNITY SERVICES OR, IF THERE BE NONE, THE
 HEALTH OFFICER OF THE CITY OR COUNTY OF SUCH ACTION.
   §  8.  This  act  shall take effect on the sixtieth day after it shall
 have become a law, provided that the amendments to section 9.41  of  the
 mental  hygiene  law made by section six of this act shall be subject to
 the expiration and reversion of such section pursuant to section  21  of
 chapter  723  of  the  laws of 1989, as amended, when upon such date the
 provisions of section seven of this act  shall  take  effect.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.