LBD16753-01-0
S. 8597 2
(A) "EMERGENCY MENTAL HEALTH SERVICE" MEANS INITIAL EMERGENCY MENTAL
HEALTH ASSISTANCE INCLUDING, BUT NOT LIMITED TO, THE INITIAL ASSESSMENT
AND TREATMENT OF PERSONS EXPERIENCING MENTAL HEALTH CRISES.
(B) "EMERGENCY MENTAL HEALTH UNIT" MEANS AN INDIVIDUAL, PARTNERSHIP,
ASSOCIATION, CORPORATION, MUNICIPALITY OR ANY LEGAL OR PUBLIC ENTITY OR
SUBDIVISION THEREOF ENGAGED IN PROVIDING EMERGENCY MENTAL HEALTH CARE
AND THE TRANSPORTATION OF PERSONS EXPERIENCING MENTAL HEALTH CRISES BY
MOTOR VEHICLE, AIRCRAFT OR OTHER FORMS OF TRANSPORTATION TO, FROM, OR
BETWEEN GENERAL HOSPITALS OR OTHER HEALTH CARE FACILITIES.
(C) "CERTIFIED EMERGENCY MENTAL HEALTH RESPONDER" MEANS AN INDIVIDUAL
WHO MEETS THE MINIMUM REQUIREMENTS ESTABLISHED BY REGULATIONS PURSUANT
TO SECTION 11.05 OF THIS ARTICLE AND WHO IS RESPONSIBLE FOR ADMINIS-
TRATION OF INITIAL LIFESAVING MENTAL HEALTH CARE TO PERSONS EXPERIENCING
MENTAL HEALTH CRISES.
(D) "STATE COUNCIL" MEANS THE NEW YORK STATE EMERGENCY MENTAL HEALTH
UNIT COUNCIL ESTABLISHED PURSUANT TO THIS ARTICLE.
(E) "REGIONAL COUNCIL" MEANS A REGIONAL EMERGENCY MENTAL HEALTH UNIT
COUNCIL ESTABLISHED PURSUANT TO THIS ARTICLE.
(F) "MENTAL HEALTH CRISES" MEANS A PERSON WITH A MENTAL ILLNESS OR
SERIOUS MENTAL ILLNESS AS SUCH TERMS ARE DEFINED IN SECTION 1.03 OF THIS
CHAPTER WHO IS A DANGER TO HIMSELF OR HERSELF OR OTHERS AND REQUIRES
IMMEDIATE TREATMENT AND CARE.
§ 11.05 NEW YORK STATE EMERGENCY MENTAL HEALTH UNIT COUNCIL.
(A) THERE IS HEREBY CREATED IN THE OFFICE THE NEW YORK STATE EMERGENCY
MENTAL HEALTH UNIT COUNCIL. THE STATE COUNCIL SHALL CONSIST OF THIRTY-
TWO MEMBERS. FOURTEEN MEMBERS OF THE STATE COUNCIL SHALL BE APPOINTED BY
THE COMMISSIONER AND SHALL BE REPRESENTATIVE OF EACH GEOGRAPHIC AREA OF
THE STATE. AT LEAST ONE MEMBER SHALL BE REPRESENTATIVE OF THE INTERESTS
OF THE GENERAL PUBLIC. OTHER MEMBERS SHALL BE KNOWLEDGEABLE IN VARIOUS
ASPECTS OF EMERGENCY MENTAL HEALTH SERVICES AND SHALL INCLUDE, BUT NOT
BE LIMITED TO, REPRESENTATIVES OF EMERGENCY MENTAL HEALTH UNITS OPERAT-
ING FOR PROFIT, MUNICIPAL EMERGENCY MENTAL HEALTH UNITS, HOSPITALS, A
STATEWIDE ORGANIZATION REPRESENTING MENTAL HEALTH PROVIDERS, PHYSICIANS,
AND NURSES. THE COMMISSIONER SHALL ALSO APPOINT A REPRESENTATIVE FROM
EACH REGIONAL COUNCIL, FROM NOMINATIONS RECEIVED FROM THE APPROPRIATE
REGIONAL COUNCIL. THE MEMBERS OF THE STATE COUNCIL SHALL ELECT A CHAIR-
PERSON FROM AMONG THE MEMBERS OF THE STATE COUNCIL BY A MAJORITY VOTE OF
THOSE PRESENT, WHO SHALL SERVE FOR A TERM OF ONE YEAR AND UNTIL A
SUCCESSOR IS ELECTED.
(B) THE STATE COUNCIL SHALL HAVE THE POWER, BY AN AFFIRMATIVE VOTE OF
A MAJORITY OF THOSE PRESENT, SUBJECT TO APPROVAL BY THE COMMISSIONER, TO
ENACT, AND FROM TIME TO TIME, AMEND AND REPEAL, RULES AND REGULATIONS
ESTABLISHING MINIMUM STANDARDS FOR EMERGENCY MENTAL HEALTH UNITS, EMER-
GENCY MENTAL HEALTH UNIT CERTIFICATION, THE PROVISION OF PREHOSPITAL
EMERGENCY MENTAL HEALTH CARE, PUBLIC EDUCATION, THE DEVELOPMENT OF A
STATEWIDE EMERGENCY MENTAL HEALTH UNIT SYSTEM, AND THE TRAINING, EXAM-
INATION, AND CERTIFICATION OF CERTIFIED EMERGENCY MENTAL HEALTH RESPON-
DERS. SUCH TRAINING SHALL BE MADE AVAILABLE BY VIDEO OR COMPUTER TO THE
MAXIMUM EXTENT POSSIBLE. THE STATE COUNCIL SHALL HAVE THE SAME POWERS
GRANTED TO REGIONAL COUNCILS BY THIS ARTICLE IN ANY REGION OF THE STATE
IN WHICH A REGIONAL COUNCIL HAS NOT BEEN ESTABLISHED.
(C) IN FURTHERANCE OF THE POWERS SET FORTH IN SUBDIVISION (B) OF THIS
SECTION, THE STATE COUNCIL SHALL PROVIDE TO THE TRUSTEES OF THE STATE
UNIVERSITY OF NEW YORK SUCH INFORMATION AND RECOMMENDATIONS AS MAY BE
REQUESTED BY SUCH TRUSTEES TO ASSIST SUCH TRUSTEES' STUDY OF THE FEASI-
BILITY OF COMMUNITY COLLEGES' AND STATE UNIVERSITY OF NEW YORK OFFERING
S. 8597 3
CREDIT AND NONCREDIT COURSES WHICH WOULD SATISFY THE EDUCATIONAL
REQUIREMENTS FOR CERTIFICATION AND RECERTIFICATION OF CERTIFIED EMERGEN-
CY MENTAL HEALTH RESPONDERS.
(D) UPON APPEAL FROM THE APPROPRIATE REGIONAL COUNCIL, THE STATE COUN-
CIL SHALL HAVE THE POWER, BY AN AFFIRMATIVE VOTE OF A MAJORITY OF THOSE
PRESENT, TO AMEND, MODIFY AND REVERSE DETERMINATIONS OF THE REGIONAL
COUNCILS MADE PURSUANT TO SUBDIVISION (E) OF SECTION 11.07 OF THIS ARTI-
CLE. ALL DETERMINATIONS OF THE STATE COUNCIL RESPECTING APPLICATIONS FOR
EMERGENCY MENTAL HEALTH UNIT CERTIFICATES OR STATEMENTS OF REGISTRATION
OR RESPECTING THE REVOCATION, SUSPENSION (EXCEPT TEMPORARY SUSPENSION),
LIMITATION OR ANNULMENT OF AN EMERGENCY MENTAL HEALTH UNIT CERTIFICATE
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 SERVICE IN PERSON OR BY REGISTERED OR CERTIFIED
MAIL OF A COPY OF THE DETERMINATION UPON THE APPLICANT OR HOLDER OF THE
CERTIFICATE.
(E) UPON APPEAL FROM THE APPLICANT, THE OFFICE, OR ANY CONCERNED
PARTY, THE STATE COUNCIL SHALL HAVE THE POWER, BY AN AFFIRMATIVE VOTE OF
A MAJORITY OF THOSE PRESENT, TO AMEND, MODIFY AND REVERSE DETERMINATIONS
OF THE REGIONAL COUNCILS. ALL DETERMINATIONS OF THE STATE COUNCIL WITH
RESPECT TO EXEMPTIONS SHALL BE SUBJECT TO REVIEW AS PROVIDED IN ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. APPLICATION FOR SUCH
REVIEW MUST BE MADE WITHIN SIXTY DAYS AFTER SERVICE IN PERSON OR BY
REGISTERED OR CERTIFIED MAIL.
(F) 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.
(G) THE STATE 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 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 HIS OR HER DUTIES
UNDER THIS SECTION.
(H) THE COMMISSIONER, UPON REQUEST OF THE STATE COUNCIL, SHALL DESIG-
NATE AN OFFICER OR EMPLOYEE OF THE OFFICE TO ACT AS SECRETARY OF THE
STATE COUNCIL, AND SHALL ASSIGN FROM TIME TO TIME SUCH OTHER EMPLOYEES
AS THE STATE COUNCIL MAY REQUIRE.
(I) NO CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER,
OFFICER OR EMPLOYEE OF THE STATE COUNCIL FOR ANY ACT DONE, FAILURE TO
ACT, OR STATEMENT OR OPINION MADE, WHILE DISCHARGING HIS OR HER DUTIES
AS A MEMBER, OFFICER OR EMPLOYEE OF THE STATE COUNCIL, WITHOUT LEAVE
FROM A JUSTICE OF THE SUPREME COURT, FIRST HAD AND OBTAINED. IN NO EVENT
SHALL SUCH MEMBER, OFFICER OR EMPLOYEE BE LIABLE FOR DAMAGES IN ANY SUCH
ACTION IF HE OR SHE SHALL HAVE ACTED IN GOOD FAITH, WITH REASONABLE CARE
AND UPON PROBABLE CAUSE.
(J) THE STATE COUNCIL SHALL, AFTER CONSULTATION WITH THE OFFICE AND
THE REGIONAL COUNCILS, FORWARD TO THE COMMISSIONER NOT LATER THAN DECEM-
BER FIRST AN ESTIMATE OF THE AMOUNTS NEEDED TO PROVIDE ADEQUATE FUNDING
FOR EMERGENCY MENTAL HEALTH UNITS TRAINING. SUCH ESTIMATE SHALL BE TRAN-
SMITTED 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 MENTAL HEALTH COMMITTEES OF EACH HOUSE OF
THE LEGISLATURE.
S. 8597 4
§ 11.07 REGIONAL EMERGENCY MENTAL HEALTH UNIT COUNCILS.
(A) THE COMMISSIONER, WITH THE APPROVAL OF THE STATE COUNCIL, SHALL
DESIGNATE REGIONAL EMERGENCY MENTAL HEALTH UNIT COUNCILS ON OR BEFORE
JANUARY FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION 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 ARE KNOWLEDGEABLE IN VARIOUS ASPECTS OF EMERGENCY
MENTAL HEALTH 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.
(B) EACH REGIONAL COUNCIL SHALL BE COMPRISED OF AT LEAST FIFTEEN BUT
NOT MORE THAN THIRTY MEMBERS TO BE INITIALLY APPOINTED BY THE COMMIS-
SIONER, WITH THE APPROVAL OF THE STATE COUNCIL, FROM NOMINATIONS SUBMIT-
TED BY LOCAL ORGANIZATIONS APPLYING FOR ESTABLISHMENT AS THE REGIONAL
COUNCIL. NOT LESS THAN ONE-THIRD OF THE MEMBERSHIP OF THE REGIONAL COUN-
CILS SHALL BE REPRESENTATIVES OF EMERGENCY MENTAL HEALTH UNITS AND THE
REMAINING MEMBERSHIP OF THE REGIONAL COUNCILS SHALL CONSIST OF, BUT NOT
BE LIMITED TO, REPRESENTATIVES OF EXISTING LOCAL EMERGENCY MEDICAL CARE
COMMITTEES, PHYSICIANS, NURSES, HOSPITALS, HEALTH PLANNING AGENCIES,
FIRE DEPARTMENT EMERGENCY AND RESCUE SQUADS, PUBLIC MENTAL HEALTH OFFI-
CERS AND THE GENERAL PUBLIC. MEMBERS OF EACH REGIONAL COUNCIL SHALL BE
RESIDENTS LIVING WITHIN THE GEOGRAPHIC AREA TO BE SERVED BY THE REGIONAL
COUNCIL. THE PRESENCE OF A MAJORITY OF MEMBERS SHALL CONSTITUTE A
QUORUM.
(C) EACH REGIONAL COUNCIL SHALL HAVE THE POWER TO:
(1) HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
(2) ACQUIRE, LEASE, HOLD, AND DISPOSE OF REAL AND PERSONAL PROPERTY OR
ANY INTEREST THEREIN FOR ITS PURPOSES;
(3) 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 ARTICLE; SUCH RULES AND REGU-
LATIONS SHALL BE FILED WITH THE SECRETARY OF STATE AND THE STATE COUN-
CIL;
(4) 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
PRIVATE CONSULTANTS ON A CONTRACT BASIS OR OTHERWISE, FOR THE RENDERING
OF PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE;
(5) 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 AND ANY STATE AGENCY OR MUNIC-
IPAL ENTITY; AND CONTRACTS WITH HOSPITALS AND PHYSICIANS FOR THE
PURPOSES OF CARRYING OUT ITS POWERS UNDER THIS ARTICLE;
(6) 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;
(7) FIX AND COLLECT REASONABLE FEES, RENTS, AND OTHER CHARGES FOR THE
USE OF ITS EQUIPMENT AND THE PROVISION OF ITS SERVICES;
(8) 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-
S. 8597 5
OF; OR FROM ANY OTHER SOURCE, PUBLIC OR PRIVATE, AND TO COMPLY, SUBJECT
TO THE PROVISIONS OF THIS ARTICLE, WITH THE TERMS AND CONDITIONS THERE-
OF; PROVIDED, HOWEVER, THAT THE COUNCILS MAY CONTRACT FOR PAYMENT OF
DEBT EVIDENCED BY BONDS OR NOTES OR OTHER EVIDENCE OF INDEBTEDNESS,
EITHER DIRECTLY OR THROUGH A LEASE PURCHASE AGREEMENT;
(9) RECOMMEND TO THE OFFICE APPROVAL OF TRAINING COURSE SPONSORS WITH-
IN ITS REGION, AND TO DEVELOP, PROMULGATE AND IMPLEMENT ANNUALLY AN
EMERGENCY MENTAL HEALTH SERVICES TRAINING PLAN WHICH ADDRESSES THE NEEDS
OF ITS REGION;
(10) ENTER INTO CONTRACTS OR MEMORANDA OF AGREEMENT WITH OTHER
REGIONAL COUNCILS TO PROVIDE SERVICES IN A JOINT OR COOPERATIVE MANNER;
(11) 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
(12) DO ALL THINGS NECESSARY, CONVENIENT AND DESIRABLE TO CARRY OUT
ITS PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED IN THIS ARTICLE.
(D) EACH REGIONAL COUNCIL SHALL HAVE THE RESPONSIBILITY TO COORDINATE
EMERGENCY MENTAL HEALTH UNIT PROGRAMS WITHIN ITS REGION, INCLUDING BUT
NOT LIMITED TO, THE ESTABLISHMENT OF CERTIFIED EMERGENCY MENTAL HEALTH
RESPONDER COURSES AND THE ISSUANCE OF UNIFORM CERTIFIED EMERGENCY MENTAL
HEALTH RESPONDER INSIGNIA AND CERTIFICATES. SUCH TRAINING COURSES SHALL
BE MADE AVAILABLE BY VIDEO OR COMPUTER TO THE MAXIMUM EXTENT POSSIBLE.
(E) THE REGIONAL COUNCIL SHALL HAVE THE RESPONSIBILITY TO MAKE DETER-
MINATIONS OF PUBLIC NEED FOR THE ESTABLISHMENT OF ADDITIONAL EMERGENCY
MENTAL HEALTH UNITS. THE REGIONAL COUNCIL SHALL MAKE SUCH DETERMINATION
BY AN AFFIRMATIVE VOTE OF A MAJORITY OF ALL OF THOSE MEMBERS CONSISTING
OF VOTING MEMBERS.
(F) 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.
(G) EACH REGIONAL COUNCIL SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY
REQUIRE.
(H) THE COMMISSIONER, UPON REQUEST OF THE REGIONAL COUNCIL, MAY DESIG-
NATE AN OFFICER OR EMPLOYEE OF THE OFFICE TO ACT AS SECRETARY OF THE
REGIONAL COUNCIL, AND MAY ASSIGN FROM TIME TO TIME SUCH OTHER EMPLOYEES
AS THE REGIONAL COUNCIL MAY REQUIRE.
(I) NO CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER,
OFFICER OR EMPLOYEE OF ANY DESIGNATED REGIONAL COUNCIL FOR ANY ACT DONE,
FAILURE TO ACT, OR STATEMENT OR OPINION MADE, WHILE DISCHARGING HIS
DUTIES AS A MEMBER, OFFICER OR EMPLOYEE OF THE REGIONAL COUNCIL, WITHOUT
LEAVE FROM A JUSTICE OF THE SUPREME COURT, FIRST HAD AND OBTAINED. IN
ANY EVENT SUCH MEMBER, OFFICER OR EMPLOYEE SHALL NOT BE LIABLE FOR
DAMAGES IN ANY SUCH ACTION IF HE SHALL HAVE ACTED IN GOOD FAITH, WITH
REASONABLE CARE AND UPON PROBABLE CAUSE.
(J)(1) THE OFFICE 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.
(2) SUCH FUNDS SHALL BE PROVIDED UPON APPROVAL BY THE OFFICE OF AN
APPLICATION SUBMITTED BY A REGIONAL COUNCIL. THE APPLICATION SHALL
CONTAIN SUCH INFORMATION AND BE IN SUCH FORM AS THE COMMISSIONER SHALL
REQUIRE PURSUANT TO RULES AND REGULATIONS WHICH HE SHALL PROMULGATE
AFTER CONSULTATION WITH THE STATE COUNCIL IN ORDER TO EFFECT THE
PURPOSES AND PROVISIONS OF THIS SUBDIVISION.
S. 8597 6
§ 11.09 EMERGENCY MENTAL HEALTH UNIT CERTIFICATE.
(A) NO EMERGENCY MENTAL HEALTH UNIT OPERATING FOR PROFIT, HOSPITAL
EMERGENCY MENTAL HEALTH UNIT OR MUNICIPAL EMERGENCY MENTAL HEALTH UNIT
SHALL OPERATE UNLESS IT POSSESSES A VALID EMERGENCY MENTAL HEALTH UNIT
CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE.
(B) A CERTIFICATE ISSUED TO AN EMERGENCY MENTAL HEALTH UNIT SHALL BE
VALID FOR TWO YEARS. THE INITIAL CERTIFICATION FEE SHALL BE ONE HUNDRED
DOLLARS. THEREAFTER THE BIENNIAL FEE SHALL BE IN ACCORDANCE WITH THE
SCHEDULE OF FEES ESTABLISHED BY THE COMMISSIONER PURSUANT TO THIS ARTI-
CLE.
(C) NO INITIAL CERTIFICATE SHALL BE ISSUED UNLESS THE COMMISSIONER
FINDS THAT THE PROPOSED OPERATOR OR OPERATORS ARE COMPETENT AND FIT TO
OPERATE THE UNIT AND THAT THE EMERGENCY MENTAL HEALTH UNIT IS STAFFED
AND EQUIPPED IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED PURSU-
ANT TO THIS ARTICLE.
(D) NO EMERGENCY MENTAL HEALTH UNIT SHALL BEGIN OPERATION WITHOUT
PRIOR APPROVAL OF THE APPROPRIATE REGIONAL COUNCIL, OR IF THERE IS NO
APPROPRIATE REGIONAL COUNCIL ESTABLISHED SUCH EMERGENCY MENTAL HEALTH
UNIT SHALL APPLY FOR APPROVAL FROM THE STATE COUNCIL.
(E) APPLICATIONS FOR A CERTIFICATE SHALL BE MADE BY THE OWNER OF AN
EMERGENCY MENTAL HEALTH UNIT OPERATING FOR PROFIT OR THE RESPONSIBLE
OFFICIAL OF A MUNICIPAL EMERGENCY MENTAL HEALTH UNIT UPON FORMS PROVIDED
BY THE OFFICE. THE APPLICATION SHALL STATE THE NAME AND ADDRESS OF THE
OWNER AND SUCH OTHER INFORMATION AS THE OFFICE MAY REQUIRE PURSUANT TO
RULES AND REGULATIONS.
§ 11.11 POWERS AND DUTIES OF THE OFFICE AND THE COMMISSIONER.
(A) THE OFFICE MAY INQUIRE INTO THE OPERATION OF EMERGENCY MENTAL
HEALTH UNITS AND CONDUCT PERIODIC INSPECTIONS OF FACILITIES, COMMUNI-
CATION SERVICES, VEHICLES, METHODS, PROCEDURES, MATERIALS, STAFF AND
EQUIPMENT. IT MAY ALSO EVALUATE DATA RECEIVED FROM EMERGENCY MENTAL
HEALTH UNITS.
(B) THE OFFICE MAY REQUIRE EMERGENCY MENTAL HEALTH UNITS TO SUBMIT
PERIODIC REPORTS OF CALLS RECEIVED, SERVICES PERFORMED AND SUCH OTHER
INFORMATION AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
ARTICLE.
(C) THE COMMISSIONER, WITH THE ADVICE AND CONSENT OF THE STATE COUN-
CIL, SHALL DESIGNATE NOT MORE THAN EIGHTEEN GEOGRAPHIC AREAS WITHIN THE
STATE WHEREIN A REGIONAL EMERGENCY MENTAL HEALTH UNIT COUNCIL SHALL BE
ESTABLISHED. IN MAKING THE DETERMINATION OF A GEOGRAPHIC AREA, THE
COMMISSIONER SHALL TAKE INTO CONSIDERATION THE PRESENCE OF EMERGENCY
MENTAL HEALTH UNITS, HOSPITAL FACILITIES, TRAINED HEALTH PERSONNEL,
HEALTH PLANNING AGENCIES AND COMMUNICATION AND TRANSPORTATION FACILI-
TIES. THE COMMISSIONER SHALL PROMOTE AND ENCOURAGE THE ESTABLISHMENT OF
A REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL IN EACH OF SAID DESIGNATED
AREAS.
(D) THE COMMISSIONER MAY PROPOSE RULES AND REGULATIONS AND AMENDMENTS
THERETO FOR CONSIDERATION BY THE STATE COUNCIL. THE COMMISSIONER SHALL
ESTABLISH A SCHEDULE OF CERTIFICATION FEES FOR EMERGENCY MENTAL HEALTH
UNITS.
(E) FOR THE PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY AND WELFARE
THE COMMISSIONER IS HEREBY AUTHORIZED AND EMPOWERED TO CONTRACT WITH
MUNICIPAL EMERGENCY MENTAL HEALTH UNITS, OR WITH THE FIRE COMMISSIONERS
OF FIRE DISTRICTS OPERATING EMERGENCY MENTAL HEALTH UNITS, UPON SUCH
TERMS AND CONDITIONS AS HE SHALL DEEM APPROPRIATE AND WITHIN AMOUNTS
MADE AVAILABLE THEREFOR, FOR REIMBURSEMENT OF THE NECESSARY AND INCI-
S. 8597 7
DENTAL COSTS INCURRED BY SUCH EMERGENCY MENTAL HEALTH UNITS IN ORDER TO
EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
(F) THE COMMISSIONER IS HEREBY AUTHORIZED, FOR THE PURPOSES OF EFFEC-
TUATING THE PROVISIONS OF THIS ARTICLE IN THE DEVELOPMENT OF A STATEWIDE
EMERGENCY MENTAL HEALTH UNIT SYSTEM, TO CONTRACT WITH ANY EMERGENCY
MENTAL HEALTH UNIT OR WITH THE FIRE COMMISSIONERS OF FIRE DISTRICTS
OPERATING CERTIFIED EMERGENCY MENTAL HEALTH UNITS FOR THE USE OF NECES-
SARY EQUIPMENT UPON SUCH TERMS AND CONDITIONS AS THE COMMISSIONER SHALL
DEEM APPROPRIATE.
(G) THE COMMISSIONER MAY RECOMMEND TO THE STATE COUNCIL MINIMUM QUALI-
FICATIONS FOR CERTIFIED EMERGENCY MENTAL HEALTH RESPONDERS IN ALL PHASES
OF EMERGENCY MENTAL HEALTH TECHNOLOGY INCLUDING BUT NOT LIMITED TO,
COMMUNICATIONS, FIRST AID, EQUIPMENT, MAINTENANCE, EMERGENCY TECHNIQUES
AND PROCEDURES, PATIENT MANAGEMENT AND KNOWLEDGE OF PROCEDURES AND
EQUIPMENT FOR EMERGENCY MENTAL HEALTH CARE.
(H) THE COMMISSIONER SHALL PROVIDE EVERY CERTIFIED EMERGENCY MENTAL
HEALTH UNIT WITH AN OFFICIAL INSIGNIA WHICH MAY BE ATTACHED TO EVERY
VEHICLE OWNED OR OPERATED BY A CERTIFIED EMERGENCY MENTAL HEALTH UNIT.
(I) THE OFFICE SHALL PROVIDE THE STATE COUNCIL WITH SUCH ASSISTANCE AS
THE COUNCIL MAY REQUEST IN ORDER TO CARRY OUT ITS RESPONSIBILITIES AS
SET FORTH IN THIS ARTICLE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.