S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7359
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on People with Disabilities
 
 AN  ACT  to  amend  the mental hygiene law, in relation to requiring the
   office for people with  developmental  disabilities  to  purchase  and
   provide  essential personal protection equipment to all direct support
   professionals, care recipients and group home providers in  the  event
   of a declaration of a state emergency that relates to public health
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 13.07 of the  mental  hygiene  law  is  amended  by
 adding a new subdivision (f) to read as follows:
   (F)  (1)  IN  THE  EVENT  OF A STATE DECLARATION OF DISASTER EMERGENCY
 PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW WHICH  RELATES  TO
 PUBLIC HEALTH, THE OFFICE SHALL:
   (I)  PURCHASE  AND  PROVIDE PERSONAL PROTECTIVE EQUIPMENT (PPE) TO ALL
 DIRECT SUPPORT PROFESSIONALS, CARE RECIPIENTS AND GROUP  HOME  PROVIDERS
 IN THE STATE, INCLUDING CENTERS OPERATED BY THE OFFICE;
   (II) CONSIDER CLINICAL BEST PRACTICES FOR PPE AS IT RELATES TO CURRENT
 OR  STATE  PROJECTED  PUBLIC HEALTH CONSIDERATIONS THAT MAY RESULT IN AN
 INCREASED NEED FOR PPE;
   (III) PROVIDE PPE PURSUANT TO THIS SECTION WITHIN THIRTY DAYS OF  SUCH
 STATE  DECLARATION  TO  ACCOMMODATE  AN  IMMEDIATE  NEED  FOR  INCREASED
 SUPPLIES OF PPE;
   (IV) PURCHASE AND DISTRIBUTE PPE TO  PROTECT  DIRECT  SUPPORT  PROFES-
 SIONALS,  CARE  RECIPIENTS AND GROUP HOME FACILITY PERSONNEL, CONSISTENT
 WITH  GUIDANCE  FROM  THE  FEDERAL  CENTERS  FOR  DISEASE  CONTROL   AND
 PREVENTION,  FOR  AT  LEAST SIXTY DAYS AT A DAILY RATE OF USAGE EQUAL TO
 THE AVERAGE DAILY RATE THAT PPE WAS USED BETWEEN APRIL  NINETEENTH,  TWO
 THOUSAND TWENTY AND APRIL TWENTY-SEVENTH, TWO THOUSAND TWENTY; AND
   (V)  REPLACE AND REPLENISH PPE AS NEEDED TO PREVENT EXTENDED USE WHICH
 WOULD RESULT IN DAMAGED PPE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10751-02-1

 A. 7359                             2
 
   (2) FOR PURPOSES OF THIS SUBDIVISION, "DAMAGED PPE" SHALL MEAN:
   (I) A MASK THAT HAS BECOME SOILED OR DIFFICULT TO BREATHE THROUGH AS A
 RESULT OF OVERUSE;
   (II) A GOWN THAT HAS BECOME VISIBLY SOILED; OR
   (III)  EYE PROTECTION SUCH AS GOGGLES OR FACE SHIELDS THAT HAVE BECOME
 VISIBLY SOILED.
   § 2. This act shall take effect immediately.