S T A T E   O F   N E W   Y O R K
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                                  8498

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Mental Health

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.
  [(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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03579-01-5
              

A. 8498                             2

  [(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.