S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5281--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- recommitted to the Committee on  Mental  Health
  and  Developmental Disabilities in accordance with Senate Rule 6, sec.
  8 -- committee discharged, bill amended, ordered reprinted as  amended
  and recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to limiting the work
  week of direct care workers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 13.19 of the mental  hygiene  law,  as  amended  by
section  2  of  part  J of chapter 56 of the laws of 2012, is amended to
read as follows:
S 13.19 Personnel of the office; regulations.
  (a) The commissioner may, within the  amounts  appropriated  therefor,
appoint  and  remove  in accordance with law and applicable rules of the
state civil service commission,  such  officers  and  employees  of  the
office  for  people with developmental disabilities as are necessary for
efficient administration. The commissioner shall, in exercising  his  or
her  appointing  authority, take, consistent with article twenty-three-A
of the correction law, all reasonable and necessary steps to ensure that
any such person so appointed has not previously engaged in  any  act  in
violation  of  any  law  which indicates a propensity to act in a manner
that would compromise the health and safety of individuals with develop-
mental disabilities.
  (b) The director of a hospital or institute in the office  shall  have
professional  qualifications  and  experience  to  be  prescribed by the
commissioner.
  (c) Notwithstanding the provisions of any other law, the  position  of
deputy  director  in  an office facility may be filled by new hire or by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07900-02-4

              

S. 5281--A                          2

promotion open to employees who possess the minimum  qualifications  for
the position.
  [(c)] (D) The use of volunteers in the office for people with develop-
mental  disabilities shall be encouraged. The commissioner may establish
regulations governing such volunteer services.
  [(d)] (E) Where, and to the extent  that,  an  agreement  between  the
state  and  an  employee  organization  entered into pursuant to article
fourteen of the civil service  law  so  provides,  the  commissioner  is
authorized  to  implement  the  provisions of such agreement relating to
discipline consistent with the terms thereof.
  (F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO PROVIDER OPERATING A
FACILITY LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE SHALL REQUIRE  A
DIRECT  CARE  WORKER  TO  WORK MORE THAN SIXTY HOURS IN A SEVEN DAY WORK
WEEK EXCEPT IN CASES  OF  EXTRAORDINARY  EMERGENCY  INCLUDING,  BUT  NOT
LIMITED TO, FIRE, FLOOD, OR DANGER TO LIFE OR PROPERTY. FOR THE PURPOSES
OF  THIS  SUBDIVISION, "DIRECT CARE WORKER" SHALL MEAN AN EMPLOYEE WHOSE
PRIMARY RESPONSIBILITY IS THE DAILY CARE OF, SUPERVISION OF, AND  INTER-
ACTION  WITH  RESIDENTS OF A RESIDENTIAL FACILITY LICENSED, OPERATED, OR
CERTIFIED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
  S 2. Section 7.07 of the mental hygiene law is amended by adding a new
subdivision (g) to read as follows:
  (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO PROVIDER OPERATING A
FACILITY LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE OF MENTAL HEALTH
SHALL REQUIRE A DIRECT CARE WORKER TO WORK MORE THAN SIXTY  HOURS  IN  A
SEVEN  DAY  WORK WEEK EXCEPT IN CASES OF EXTRAORDINARY EMERGENCY INCLUD-
ING, BUT NOT LIMITED TO, FIRE, FLOOD, OR DANGER TO LIFE OR PROPERTY. FOR
THE PURPOSES OF THIS SUBDIVISION "DIRECT  CARE  WORKER"  SHALL  MEAN  AN
EMPLOYEE  WHOSE PRIMARY RESPONSIBILITY IS THE DAILY CARE OF, SUPERVISION
OF, AND INTERACTION WITH RESIDENTS OF A RESIDENTIAL  FACILITY  LICENSED,
OPERATED, OR CERTIFIED BY THE OFFICE OF MENTAL HEALTH.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  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
and directed to be made and completed on or before such effective date.