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

                                 6085--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2013
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Mental Health -- recommitted to the Committee on Mental  Health  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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
promotion open to employees who possess the minimum  qualifications  for
the position.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07900-03-4
              

A. 6085--A                          2

  [(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.