Senate Bill S2982

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2982
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens. PARKER, LIU -- read twice and ordered printed, and
   when printed to be committed to the Committee on Mental Health
 
 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;
 THE  COMMISSIONER  OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION OR HIS OR HER DESIGNEE;  AN  INDIVIDUAL  REPRESENTING  THE  STATE
 CONFERENCE  OF LOCAL MENTAL HYGIENE DIRECTORS AS ESTABLISHED UNDER ARTI-
 CLE FORTY-ONE OF THIS CHAPTER; AN  INDIVIDUAL  REPRESENTING  THE  MENTAL
 HYGIENE  LEGAL  SERVICE AS ESTABLISHED UNDER ARTICLE FORTY-SEVEN OF THIS
 CHAPTER; AND THIRTY-TWO ADDITIONAL MEMBERS  OF  WHICH  TWELVE  SHALL  BE
 APPOINTED  BY  THE  GOVERNOR, EIGHT SHALL BE APPOINTED BY THE SPEAKER OF
 THE ASSEMBLY, EIGHT SHALL BE APPOINTED BY THE TEMPORARY SPEAKER  OF  THE
 SENATE,  AND  TWO  EACH SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
 ASSEMBLY AND SENATE. EACH APPOINTED REPRESENTATIVE  SHALL  BE  REPRESEN-
 TATIVE  OF THE FOLLOWING AND SHALL REPRESENT EACH GEOGRAPHIC AREA OF THE
 STATE. MEMBERS SHALL BE  KNOWLEDGEABLE  IN  VARIOUS  ASPECTS  OF  MOBILE
 CRISIS  MENTAL HEALTH SERVICES AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
 (I) REPRESENTATIVES OF MOBILE  CRISIS  OUTREACH  TEAMS;  (II)  STATEWIDE
 ORGANIZATIONS  REPRESENTING  MENTAL  HEALTH  PROVIDERS;  (III) STATEWIDE
 ADVOCACY GROUPS REPRESENTING INDIVIDUALS WITH A  PSYCHIATRIC  CONDITION;
 (IV) REPRESENTATIVES OF HOSPITALS INCLUDING BUT NOT LIMITED TO HOSPITALS
 OPERATING  A COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM; (V) PHYSICIANS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03747-01-1

 S. 2982                             2
 
 AND OTHER HEALTH AND MENTAL HEALTH PROFESSIONALS WITH EXPERIENCE IN  THE
 DELIVERY OF MENTAL HEALTH CRISIS SERVICES; AND (VI) FIRST RESPONDERS AND
 LAW ENFORCEMENT.
   (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) INITIATIVES TO INCREASE TRAINING
 OPPORTUNITIES AND PARTICIPATION  OF  MENTAL  HEALTH  PROFESSIONALS,  AND
 OTHER  QUALIFIED INDIVIDUALS AS MEMBERS OF MOBILE CRISIS OUTREACH TEAMS;
 (III) IDENTIFY TRAINING NEEDS AND  METHODS  TO  IMPROVE  DIVERSION  FROM
 HOSPITALIZATION  AFTER RESPONSE FROM A MOBILE CRISIS OUTREACH TEAM; (IV)
 IDENTIFY THE NEED FOR ESTABLISHING MOBILE CRISIS OUTREACH TEAMS IN  EACH
 REGION  OF  THE STATE AND ACCESSING ALTERNATIVES TO HOSPITALIZATION; (V)
 PUBLIC EDUCATION AND OUTREACH ON THE BENEFIT OF MOBILE  CRISIS  OUTREACH
 TEAMS  AND  HOW TO ACCESS THEIR SERVICES; AND (VI) ANY OTHER RECOMMENDA-
 TION 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 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 effective date.