S. 4814 2
VOTING EX OFFICIO MEMBERS AND THIRTY-THREE VOTING MEMBERS PURSUANT TO
THE PROVISIONS OF THIS SUBDIVISION.
(A) THE COMMISSIONER, THE COMMISSIONER OF MENTAL HEALTH, AND THE
COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS SHALL EACH
SERVE AS EX OFFICIO MEMBERS OF THE STATE COUNCIL, AND SHALL NOT VOTE IN
COUNCIL DETERMINATIONS.
(B) (I) EIGHTEEN MEMBERS TO THE STATE COUNCIL SHALL BE APPOINTED BY
THE COMMISSIONER; EACH SHALL BE REPRESENTATIVE OF ONE GEOGRAPHIC AREA OF
THE STATE, CORRESPONDING TO THE EIGHTEEN REGIONS ELIGIBLE FOR A REGIONAL
COUNCIL. SUCH MEMBERS SHALL BE KNOWN AS THE "REGIONAL STATE COMMISSION-
ERS". EACH REGIONAL STATE COMMISSIONER SHALL SERVE ON THE STATE COUNCIL
FOR TWO YEARS AFTER INITIAL APPOINTMENT, AND SHALL REPRESENT THEIR
GEOGRAPHIC REGION IN ASSISTING THE STATE COUNCIL IN DETERMINING WHEN AND
HOW TO ESTABLISH A REGIONAL COUNCIL IN THEIR REGION.
(II) ONCE A REGIONAL COUNCIL IS ESTABLISHED PURSUANT TO SECTION THREE
THOUSAND THIRTY-FOUR OF THIS ARTICLE, THE REGIONAL STATE COMMISSIONER
FOR SUCH REGION SHALL ALSO SERVE AS A MEMBER OF THE INITIAL REGIONAL
COUNCIL FOR SUCH REGION UNTIL THE END OF THEIR STATE COUNCIL TERM. THER-
EAFTER, IN ANY REGION WITH AN ESTABLISHED REGIONAL COUNCIL, THE COMMIS-
SIONER SHALL APPOINT A REPRESENTATIVE FROM EACH REGIONAL COUNCIL, FROM
NOMINATIONS RECEIVED FROM THE APPROPRIATE REGIONAL COUNCIL, TO ACT AS
REGIONAL STATE COMMISSIONER FOR SUCH REGION. WHERE NO REGIONAL COUNCIL
HAS BEEN ESTABLISHED, THE COMMISSIONER SHALL APPOINT EACH REGIONAL STATE
COMMISSIONER PURSUANT TO THE PROCEDURES FOR INITIAL APPOINTMENT.
(III) THE COMMISSIONER SHALL ENSURE, TO THE MAXIMUM EXTENT POSSIBLE,
THAT THE REGIONAL COUNCIL APPOINTMENTS REFLECT THE DIVERSITY OF RACE,
AGE, LANGUAGE, NATIONAL ORIGIN, ETHNICITY, AND DISABILITY PRESENT IN
EACH REGION'S JURISDICTION.
(C) FIFTEEN MEMBERS OF THE STATE COUNCIL SHALL BE APPOINTED BY THE
STATE LEGISLATURE, AS FOLLOWS:
(I) FOUR MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(II) FOUR MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
(III) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
ASSEMBLY;
(IV) TWO MEMBERS SHALL BE APPOINTED BY THE CHAIRPERSON OF THE ASSEMBLY
COMMITTEE ON MENTAL HEALTH;
(V) TWO MEMBERS SHALL BE APPOINTED BY THE CHAIRPERSON OF THE SENATE
COMMITTEE ON MENTAL HEALTH;
(VI) ONE MEMBER SHALL BE APPOINTED BY THE RANKING MINORITY MEMBER OF
THE ASSEMBLY COMMITTEE ON MENTAL HEALTH;
(VII) ONE MEMBER SHALL BE APPOINTED BY THE RANKING MINORITY MEMBER OF
THE SENATE COMMITTEE ON MENTAL HEALTH.
3. EVERY INDIVIDUAL APPOINTED TO THE STATE COUNCIL SHALL HAVE DEMON-
STRATED KNOWLEDGE OF, AND SKILLS IN, CULTURALLY COMPETENT PROVISION OF
MENTAL HEALTH OR SUBSTANCE ABUSE SERVICES AND TREATMENT. SPECIFICALLY,
EACH MEMBER NOMINATED TO THE STATE COUNCIL SHALL BE:
(A) A LICENSED MENTAL HEALTH OR DRUG ADDICTION CLINICIAN;
(B) A LICENSED MENTAL HEALTH OR DRUG ADDICTION COUNSELOR;
(C) A LICENSED PHYSICIAN, NURSE, OR MENTAL HEALTH PROVIDER WITH EXPE-
RIENCE OR SKILLS IN THE CULTURALLY-COMPETENT PROVISION OF CARE;
(D) A MENTAL HEALTH OR ADDICTION COUNSELOR CERTIFIED AS A PEER;
(E) A REPRESENTATIVE OF A NOT-FOR-PROFIT DISABILITY RIGHTS ORGANIZA-
TION; OR
(F) A COMMUNITY HEALTH WORKER CERTIFIED AS A PEER.
S. 4814 3
4. THE MEMBERS OF THE STATE COUNCIL SHALL ELECT A CHAIRPERSON FROM
AMONG THE MEMBERS OF THE STATE COUNCIL BY A MAJORITY VOTE OF THOSE STATE
COUNCIL MEMBERS PRESENT, WHO SHALL SERVE FOR A TERM OF ONE YEAR AND
UNTIL A SUCCESSOR IS ELECTED.
5. THE TERM OF OFFICE OF MEMBERS OF THE STATE 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.
VACANCIES SHALL BE FILLED BY APPOINTMENT FOR THE REMAINDER OF AN UNEX-
PIRED TERM. THE STATE COUNCIL MEMBERS SHALL CONTINUE IN OFFICE UNTIL THE
EXPIRATION OF THEIR TERMS AND UNTIL THEIR SUCCESSORS ARE APPOINTED. NO
STATE COUNCIL MEMBER SHALL BE APPOINTED TO THE STATE COUNCIL FOR MORE
THAN FOUR CONSECUTIVE TERMS.
6. THE STATE COUNCIL SHALL OPERATE TO FULFILL THE FOLLOWING PURPOSES
PURSUANT TO THE PUBLIC POLICY OF NEW YORK STATE; AND THE COUNCIL SHALL
ENSURE THAT ALL POLICIES, TRAINING, PROCEDURES, EXPENDITURES, CONTRACTS,
AND CERTIFICATION RULES OR DETERMINATIONS MADE OR USED BY THE COUNCIL
FURTHER, BUT NOT BE LIMITED TO, THE FOLLOWING PURPOSES:
(A) TO ENSURE A PUBLIC HEALTH-BASED RESPONSE TO ANYONE IN NEW YORK
EXPERIENCING A MENTAL HEALTH OR SUBSTANCE ABUSE CRISIS;
(B) TO DEESCALATE ANY SITUATION INVOLVING INDIVIDUALS EXPERIENCING
CRISIS DUE TO MENTAL HEALTH CONDITIONS AND/OR SUBSTANCE USE, AND TO
AVOID THE USE OF NONCONSENSUAL TREATMENT, TRANSPORT, OR FORCE WHEREVER
POSSIBLE;
(C) TO ENSURE THE MOST APPROPRIATE TREATMENT AND/OR TRANSPORT OF INDI-
VIDUALS EXPERIENCING CRISIS DUE TO MENTAL HEALTH CONDITIONS AND/OR
SUBSTANCE USE;
(D) TO MAXIMIZE VOLUNTARY ASSESSMENT, REFERRAL, AND/OR TRANSPORT OF
INDIVIDUALS EXPERIENCING A CRISIS DUE TO MENTAL HEALTH CONDITIONS AND/OR
SUBSTANCE USE;
(E) TO MINIMIZE THE NUMBER OF INDIVIDUALS EXPERIENCING A CRISIS DUE TO
MENTAL HEALTH CONDITIONS AND/OR SUBSTANCE USE WHO ARE ARRESTED,
DETAINED, OR BROUGHT INTO CONTACT WITH THE CRIMINAL JUSTICE SYSTEM;
(F) TO MINIMIZE THE NUMBER OF INDIVIDUALS WHO EXPERIENCE PHYSICAL HARM
AND/OR TRAUMA AS A RESULT OF MENTAL HEALTH CONDITIONS AND/OR SUBSTANCE
USE; AND
(G) TO RESPOND TO ALL INDIVIDUALS EXPERIENCING A CRISIS DUE TO MENTAL
HEALTH OR SUBSTANCE USE WITH CULTURALLY COMPETENT CARE AND TRAINING.
7. THE STATE COUNCIL SHALL HAVE THE POWER, BY AN AFFIRMATIVE VOTE OF A
MAJORITY OF THOSE STATE COUNCIL MEMBERS PRESENT, AND SUBJECT TO APPROVAL
BY THE COMMISSIONER, TO ENACT, AND FROM TIME TO TIME, AMEND AND REPEAL,
RULES AND REGULATIONS ESTABLISHING MINIMUM STANDARDS FOR MENTAL HEALTH
RESPONSE UNITS, INCLUDING WITH RESPECT TO THE DISPATCH OF AND REQUEST
FOR SUCH UNITS: (A) THE TREATMENT AND TRANSPORTATION OF INDIVIDUALS BY
MENTAL HEALTH RESPONSE UNITS; (B) THE PROVISION OF EMERGENCY MENTAL
HEALTH AND SUBSTANCE ABUSE CARE BY SUCH UNITS; (C) PUBLIC EDUCATION
ABOUT MENTAL HEALTH AND SUBSTANCE ABUSE CRISIS, CARE, AND RESPONSE; (D)
THE DEVELOPMENT OF A STATE EDUCATION CURRICULUM THAT WOULD SATISFY THE
EDUCATIONAL REQUIREMENTS, STANDARDS AND TRAINING, AND EXAMINATION
REQUIREMENTS FOR CERTIFICATION AND RECERTIFICATION OF CERTIFIED EMERGEN-
CY MENTAL HEALTH RESPONDERS AND MENTAL HEALTH RESPONSE UNITS; (E) THE
DEVELOPMENT OF TRAININGS AND PROTOCOLS FOR ANY STATEWIDE MENTAL HEALTH
AND/OR SUBSTANCE ABUSE EMERGENCY DISPATCH SYSTEM; AND (F) PUBLIC EDUCA-
TION ABOUT SUCH SERVICES AND POLICIES. CULTURALLY COMPETENT TRAINING
SHALL BE MADE AVAILABLE BY VIDEO OR COMPUTER TO THE MAXIMUM EXTENT
POSSIBLE. THE STATE COUNCIL SHALL HAVE THE SAME POWERS GRANTED TO
S. 4814 4
REGIONAL COUNCILS BY THIS SECTION IN ANY REGION OF THE STATE IN WHICH A
REGIONAL COUNCIL HAS NOT BEEN ESTABLISHED.
8. IN FURTHERANCE OF THE PURPOSES SET FORTH IN SUBDIVISION SIX OF THIS
SECTION, THE STATE COUNCIL SHALL PROVIDE TO THE TRUSTEES OF THE STATE
UNIVERSITY OF NEW YORK INFORMATION AND RECOMMENDATIONS TO ASSIST SUCH
TRUSTEES' STUDY OF THE FEASIBILITY OF OFFERING CREDIT AND NONCREDIT
COURSES WHICH WOULD SATISFY THE EDUCATIONAL REQUIREMENTS FOR CERTIF-
ICATION AND RECERTIFICATION OF MENTAL HEALTH RESPONDERS AT COMMUNITY
COLLEGES AND STATE UNIVERSITY OF NEW YORK AGRICULTURAL AND TECHNICAL
COLLEGES. THESE RECOMMENDATIONS SHALL INCLUDE STRATEGIES TO RECRUIT
MEMBERS OF UNDERSERVED COMMUNITIES, AND RECRUITMENT EFFORTS SHALL
INCLUDE OUTREACH TO COMMUNITIES THAT BRING DIVERSITY, REPRESENTATION,
AND INCLUSION OF APPLICANTS BASED ON RACE, GEOGRAPHIC LOCATION, ETHNICI-
TY, GENDER (INCLUDING GENDER IDENTITY AND GENDER EXPRESSION), SEXUAL
ORIENTATION, DISABILITY, AND SOCIOECONOMIC STATUS.
9. (A) WITHIN ONE YEAR OF DEVELOPING THE CERTIFICATION PROGRAM PURSU-
ANT TO SUBDIVISION EIGHT OF THIS SECTION, AND ANNUALLY THEREAFTER NO
LATER THAN DECEMBER THIRTY-FIRST OF EACH FOLLOWING YEAR, THE COMMISSION-
ER SHALL REPORT TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESI-
DENT OF SENATE ON THE IMPACT OF SUCH PROGRAM ON:
(I) THE QUALITY AND RESULTS OF MENTAL HEALTH RESPONSE AND TRANSPORTA-
TION;
(II) THE NUMBER OF CERTIFICATION REQUESTS, GRANTS, AND DENIALS BY THE
REGIONAL COUNCILS;
(III) THE EFFECTIVENESS OF THE PROGRAM IN TRAINING AND RETAINING EMER-
GENCY MENTAL HEALTH RESPONDERS; AND
(IV) THE FEASIBILITY OF REPLACING THE STATE'S CERTIFICATION PROGRAM
WITH A NATIONAL CERTIFICATION PROGRAM.
(B) THE COMMISSIONER SHALL ESTABLISH A COMPREHENSIVE LIST OF REPORTING
METRICS TO BE INCLUDED IN THE ANNUAL REPORT OF THE PROGRAM'S IMPACT,
WHICH SHALL INCLUDE, AT A MINIMUM:
(I) THE VOLUME OF REQUESTS FOR ASSISTANCE TO THE STATE COUNCIL AND TO
EACH REGIONAL COUNCIL;
(II) THE AVERAGE LENGTH OF TIME TAKEN TO RESPOND TO EACH REQUEST FOR
ASSISTANCE, AND THE AGGREGATE RATES OF CALL ABANDONMENT;
(III) THE NUMBER OF MENTAL HEALTH RESPONSE UNITS DISPATCHED BY THE
STATE COUNCIL AND EACH REGIONAL COUNCIL;
(IV) THE NUMBER OF INDIVIDUALS CONTACTED BY MENTAL HEALTH RESPONSE
UNITS;
(V) THE NUMBER OF SUCH INDIVIDUALS TRANSPORTED FOR CARE BY MENTAL
HEALTH RESPONSE UNITS;
(VI) THE NUMBER OF SUCH INDIVIDUALS TRANSFERRED BY MENTAL HEALTH
RESPONSE UNIT RESPONDERS TO THE CUSTODY OF POLICE OR PEACE OFFICERS;
(VII) THE NUMBER OF REQUESTS MADE BY ANY MENTAL HEALTH RESPONSE UNIT
TO LAW ENFORCEMENT TO TRANSPORT OR TAKE CUSTODY OF A PERSON UNDER SUBDI-
VISIONS FIVE AND SIX OF SECTION THREE THOUSAND THIRTY-FIVE OF THIS ARTI-
CLE; AND
(VIII) THE AGE, GENDER, RACE, ETHNICITY, AND NATIONAL ORIGIN OF INDI-
VIDUALS CONTACTED, TRANSPORTED, OR TRANSFERRED BY EACH MENTAL HEALTH
RESPONSE UNIT.
10. UPON APPEAL FROM THE APPROPRIATE REGIONAL COUNCIL, THE STATE COUN-
CIL SHALL HAVE THE POWER, BY AN AFFIRMATIVE VOTE OF A MAJORITY OF THOSE
STATE COUNCIL MEMBERS PRESENT, TO AMEND, MODIFY OR REVERSE DETERMI-
NATIONS OF ANY REGIONAL COUNCIL (INCLUDING CERTIFICATION GRANTS OR
DENIALS) MADE PURSUANT TO SECTION THREE THOUSAND THIRTY-FOUR OF THIS
ARTICLE, ONLY UPON A WRITTEN FINDING THAT ANY DETERMINATIONS OF THE
S. 4814 5
REGIONAL COUNCIL CONFLICT WITH THE PURPOSES SET FORTH IN SUBDIVISION SIX
OF THIS SECTION. ALL DETERMINATIONS OF THE STATE COUNCIL RESPECTING ANY
DETERMINATION, REVOCATION, SUSPENSION (EXCEPT TEMPORARY SUSPENSION),
LIMITATION OR ANNULMENT OF A MENTAL HEALTH RESPONSE CERTIFICATE ISSUED
PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION 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 THE APPEALABLE REGIONAL COUNCIL DECISION, AND BE MADE IN PERSON OR
BY REGISTERED OR CERTIFIED MAIL.
11. UPON APPEAL FROM THE APPLICANT, THE DEPARTMENT, OR ANY PARTY
DIRECTLY IMPACTED BY A DETERMINATION OF A REGIONAL COUNCIL, THE STATE
COUNCIL SHALL HAVE THE POWER TO AMEND, MODIFY OR REVERSE DETERMINATIONS
OF THE REGIONAL COUNCILS MADE PURSUANT TO SECTION THREE HUNDRED THIRTY-
FOUR THIS ARTICLE BY AN AFFIRMATIVE VOTE OF A MAJORITY OF THOSE STATE
COUNCIL MEMBERS PRESENT. APPLICATION FOR SUCH REVIEW SHALL BE MADE WITH-
IN SIXTY DAYS AFTER THE APPEALABLE REGIONAL COUNCIL DECISION, AND SHALL
BE MADE IN PERSON OR BY REGISTERED OR CERTIFIED MAIL.
12. THE STATE COUNCIL SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY
REQUIRE, BUT NO LESS FREQUENTLY THAN FOUR TIMES PER YEAR. AT LEAST TWO
OF SUCH MEETINGS SHALL BE HELD IN A MANNER AND AT A TIME DESIGNED TO
MAXIMIZE PARTICIPATION OF WORKING MEMBERS OF THE PUBLIC. MEETINGS OF THE
REGIONAL COUNCILS SHALL BE GOVERNED BY THE PROVISIONS OF ARTICLE SEVEN
OF THE PUBLIC OFFICERS LAW, AND SHALL BE OPEN TO AND ACCESSIBLE BY THE
PUBLIC, INCLUDING BY VIDEO CONFERENCE OR COMPUTER TO THE MAXIMUM EXTENT
POSSIBLE.
13. THE PRESENCE OF A MAJORITY OF THE VOTING MEMBERS OF THE STATE
COUNCIL 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 THEIR DUTIES UNDER THIS SECTION, INCLUDING A REASONABLE
REIMBURSEMENT RATE FOR TRAVEL, LODGING, AND MEALS WHILE ATTENDING MEET-
INGS OF THE STATE COUNCIL.
14. THE COMMISSIONER, UPON REQUEST OF THE STATE COUNCIL, SHALL DESIG-
NATE AN OFFICER OR EMPLOYEE OF THE DEPARTMENT TO ACT AS SECRETARY OF THE
STATE COUNCIL, AND SHALL ASSIGN FROM TIME TO TIME SUCH OTHER EMPLOYEES
AS THE STATE COUNCIL MAY REQUIRE.
15. IN ANY CIVIL ACTION BROUGHT IN ANY COURT AGAINST ANY STATE COUNCIL
MEMBER, OFFICER OR EMPLOYEE OF THE STATE COUNCIL FOR ANY ACT DONE, FAIL-
URE TO ACT, OR STATEMENT OR OPINION MADE WHILE DISCHARGING THEIR DUTIES
AS A MEMBER, OFFICER OR EMPLOYEE OF THE STATE COUNCIL, NO STATE COUNCIL
MEMBER, OFFICER OR EMPLOYEE OF THIS COUNCIL SHALL BE LIABLE FOR DAMAGES
IN ANY SUCH ACTION IF HE OR SHE SHALL HAVE ACTED IN GOOD FAITH AND
PURSUANT TO THE PURPOSES OF THE STATE COUNCIL AS SET FORTH IN THIS
SECTION.
16. THE STATE COUNCIL SHALL, AFTER CONSULTATION WITH THE DEPARTMENT
AND THE REGIONAL COUNCILS, FORWARD TO THE COMMISSIONER NOT LATER THAN
DECEMBER FIRST EACH YEAR AN ESTIMATE OF THE AMOUNTS NEEDED TO PROVIDE
ADEQUATE FUNDING FOR MENTAL HEALTH RESPONSE SERVICES AND TRAINING
INCLUDING REGIONAL MENTAL HEALTH SERVICES COUNCILS, MENTAL HEALTH
RESPONSE UNITS, STATEWIDE OR REGIONAL DISPATCH SERVICES, THE STATE COUN-
CIL, AND ANY CERTIFICATION AND TRAINING PROGRAMS NECESSARY TO CARRY OUT
THE PURPOSES OF THIS SECTION. SUCH ESTIMATE SHALL BE TRANSMITTED 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 HEALTH COMMITTEES OF EACH HOUSE OF THE LEGISLATURE.
S. 4814 6
§ 3. The public health law is amended by adding a new section 3034 to
read as follows:
§ 3034. REGIONAL MENTAL HEALTH RESPONSE COUNCILS. 1. FOR THE PURPOSES
OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) THE "STATE COUNCIL" MEANS THE NEW YORK STATE MENTAL HEALTH
RESPONSE COUNCIL CREATED PURSUANT TO SECTION THREE THOUSAND THIRTY-THREE
OF THIS ARTICLE.
(B) "REGIONAL COUNCIL" SHALL MEAN A REGIONAL MENTAL HEALTH RESPONSE
COUNCIL CREATED PURSUANT TO THIS SECTION.
(C) "REGIONAL STATE COMMISSIONER" MEANS A MEMBER OF THE STATE COUNCIL
APPOINTED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION THREE
THOUSAND THIRTY-THREE OF THIS ARTICLE.
(D) "MENTAL HEALTH RESPONSE UNIT" SHALL MEAN MENTAL HEALTH RESPONSE
UNITS ESTABLISHED PURSUANT TO SECTION THREE THOUSAND THIRTY-FIVE OF THIS
ARTICLE.
2. THE COMMISSIONER, WITH THE APPROVAL OF THE STATE COUNCIL, SHALL
DESIGNATE REGIONAL MENTAL HEALTH SERVICES COUNCILS ON OR BEFORE JANUARY
FIRST, TWO THOUSAND TWENTY-TWO, 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 SHALL BE
KNOWLEDGEABLE IN VARIOUS ASPECTS OF EMERGENCY MENTAL HEALTH TREATMENT
AND 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. WHEN A REGIONAL MENTAL HEALTH COUNCIL IS
ESTABLISHED FOR A REGION, THE REGIONAL STATE COMMISSIONER REPRESENTING
SUCH REGION AT THE STATE COUNCIL SHALL SERVE ON THE REGIONAL COUNCIL
UNTIL THE EXPIRATION OF THEIR STATE COMMISSIONER TERM; THEREAFTER, THE
COMMISSIONER SHALL APPOINT A PERSON NOMINATED BY THE REGIONAL COUNCIL TO
SERVE AS REGIONAL STATE COMMISSIONER FOR SUCH REGION.
3. THE REGIONAL COUNCILS SHALL DEVELOP POLICIES, PROCEDURES, AND TRIA-
GE, TREATMENT, AND TRANSPORTATION PROTOCOLS WHICH ARE CONSISTENT WITH
THE STANDARDS OF THE STATE COUNCIL AND WHICH ADDRESS SPECIFIC LOCAL
CONDITIONS.
4. EACH REGIONAL COUNCIL SHALL BE COMPRISED OF AT LEAST THIRTEEN BUT
NOT MORE THAN TWENTY-ONE MEMBERS TO BE INITIALLY APPOINTED BY THE
REGIONAL STATE COMMISSIONER FOR THE APPROPRIATE REGION, WITH THE
APPROVAL OF THE STATE COUNCIL, FROM NOMINATIONS SUBMITTED BY LOCAL
ORGANIZATIONS AND INDIVIDUALS APPLYING TO THE REGIONAL COUNCIL.
(A) THE APPROPRIATE REGIONAL STATE COMMISSIONER SHALL ENSURE, TO THE
MAXIMUM EXTENT POSSIBLE, THAT THE REGIONAL COUNCIL APPOINTMENTS REFLECT
THE DIVERSITY OF RACE, AGE, LANGUAGE, NATIONAL ORIGIN, ETHNICITY, AND
DISABILITY PRESENT IN SUCH REGION.
(B) EACH INDIVIDUAL APPOINTED TO THE REGIONAL COUNCIL SHALL HAVE
DEMONSTRATED KNOWLEDGE OF, AND SKILLS IN, CULTURALLY COMPETENT PROVISION
OF MENTAL HEALTH OR SUBSTANCE ABUSE SERVICES AND TREATMENT. SPECIF-
ICALLY, EACH PERSON APPOINTED TO A REGIONAL COUNCIL SHALL BE:
(I) A LICENSED MENTAL HEALTH OR DRUG ADDICTION CLINICIAN;
(II) A LICENSED MENTAL HEALTH OR DRUG ADDICTION COUNSELOR;
(III) A LICENSED PHYSICIAN, NURSE, OR MENTAL HEALTH PROVIDER WITH
EXPERIENCE OR SKILLS IN THE CULTURALLY-COMPETENT PROVISION OF CARE;
(IV) A MENTAL HEALTH OR ADDICTION COUNSELOR CERTIFIED AS A PEER;
(V) A REPRESENTATIVE OF A NOT-FOR-PROFIT DISABILITY RIGHTS ORGANIZA-
TION; OR
S. 4814 7
(VI) A COMMUNITY HEALTH WORKER CERTIFIED AS A PEER.
(C) THE REGIONAL STATE COMMISSIONER SHALL NOT APPROVE NOMINEES TO
THEIR REGIONAL COUNCIL UNLESS ONE-THIRD OF THE REGIONAL COUNCILORS HAVE
DEMONSTRATED CERTIFICATION, TRAINING, OR EMPLOYMENT IN CULTURALLY-COMPE-
TENT RESPONSES TO MENTAL HEALTH OR SUBSTANCE ABUSE CRISES.
(D) THE REGIONAL STATE COMMISSIONER SHALL NOT APPROVE NOMINEES TO THE
REGIONAL COUNCIL UNLESS ONE-THIRD OF THE REGIONAL COUNCILORS FOR SUCH
REGIONAL COUNCIL HAVE DEMONSTRATED LIFE EXPERIENCE WITH, OR CERTIF-
ICATION OR TRAINING AS A PEER OF PERSON OR PERSONS WITH LIFE EXPERIENCE
WITH, MENTAL HEALTH CRISIS, DRUG ADDICTION, OR DISABILITY.
(E) THE COUNTY EMS COORDINATOR, ESTABLISHED PURSUANT TO SECTION TWO
HUNDRED TWENTY-THREE-B OF THE COUNTY LAW, OF ANY COUNTY WITHIN THE
REGION SHALL SERVE AS AN EX OFFICIO MEMBER OF SUCH REGION'S REGIONAL
COUNCIL, PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL
PREVENT A COUNTY EMS COORDINATOR FROM BEING NOMINATED TO AND SERVING AS
A VOTING MEMBER OF A REGIONAL COUNCIL.
(F) THE COUNTY DIRECTOR OF COMMUNITY SERVICES, OR THE COUNTY COMMIS-
SIONER OF MENTAL HEALTH, OF ANY COUNTY WITHIN A REGION SHALL SERVE AS AN
EX OFFICIO MEMBER OF SUCH REGION'S REGIONAL COUNCIL, PROVIDED, HOWEVER,
THAT NOTHING IN THIS SUBDIVISION SHALL PREVENT A COUNTY EMS COORDINATOR
FROM BEING NOMINATED TO AND SERVING AS A VOTING MEMBER OF A REGIONAL
COUNCIL.
(G) MEMBERS OF EACH REGIONAL COUNCIL SHALL BE RESIDENTS LIVING WITHIN
THE GEOGRAPHIC AREA TO BE SERVED BY SUCH REGIONAL COUNCIL. THE PRESENCE
OF A MAJORITY OF VOTING MEMBERS OF A REGIONAL COUNCIL SHALL CONSTITUTE A
QUORUM.
5. EACH REGIONAL COUNCIL SHALL DEVELOP PROCEDURES TO ENSURE COORDI-
NATION AND COMMUNICATION BETWEEN EMS SERVICES, THE REGIONAL MEDICAL
SERVICES COUNCIL, STATE POLICE, SHERIFF'S DEPARTMENTS, LOCAL POLICE
DEPARTMENTS, AMBULANCE AND DISPATCH SERVICES, AND SUCH REGIONAL COUNCIL
TO ENSURE RAPID AND COORDINATED PUBLIC HEALTH RESPONSES TO MENTAL HEALTH
EMERGENCIES, AND SHALL DESIGNATE A PROCEDURE FOR EMERGENCY NOTIFICATION
BY EMS PERSONNEL, PEACE OFFICERS AS DEFINED BY SECTION 2.10 OF THE CRIM-
INAL PROCEDURE LAW, OR POLICE OFFICERS AS DEFINED BY SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW, THAT A PERSON IS IN NEED OF A MENTAL HEALTH
RESPONSE UNIT WITHIN ITS REGION.
6. EACH REGIONAL COUNCIL SHALL HAVE THE POWER TO:
(A) HAVE A SEAL AND ALTER SUCH SEAL AT PLEASURE;
(B) ACQUIRE, LEASE, HOLD, AND DISPOSE OF REAL AND PERSONAL PROPERTY OR
ANY INTEREST THEREIN FOR ITS PURPOSES;
(C) 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 SECTION; SUCH RULES AND REGU-
LATIONS SHALL BE FILED WITH THE SECRETARY OF STATE AND THE STATE COUN-
CIL;
(D) 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 TO
HIRE PRIVATE CONSULTANTS ON A CONTRACT BASIS OR OTHERWISE, FOR THE
RENDERING OF PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE;
(E) 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 OR ANY STATE AGENCY OR MUNICI-
PAL ENTITY, AND ENTER INTO CONTRACTS WITH HOSPITALS AND PHYSICIANS FOR
THE PURPOSES OF CARRYING OUT ITS POWERS UNDER THIS SECTION;
S. 4814 8
(F) 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;
(G) FIX AND COLLECT REASONABLE FEES, RENTS, AND OTHER CHARGES FOR THE
USE OF ITS EQUIPMENT AND THE PROVISION OF ITS SERVICES;
(H) 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-
OF; OR FROM ANY OTHER SOURCE, PUBLIC OR PRIVATE, AND TO COMPLY, SUBJECT
TO THE PROVISIONS OF THIS SECTION, WITH THE TERMS AND CONDITIONS THERE-
OF, PROVIDED, HOWEVER, THAT THE REGIONAL COUNCILS MAY CONTRACT FOR
PAYMENT OF DEBT EVIDENCED BY BONDS OR NOTES OR OTHER EVIDENCE OF INDEBT-
EDNESS, EITHER DIRECTLY OR THROUGH A LEASE PURCHASE AGREEMENT;
(I) RECOMMEND TO THE DEPARTMENT TRAINING COURSE SPONSORS WITHIN ITS
REGION, AND TO DEVELOP, PROMULGATE AND IMPLEMENT ANNUALLY A MENTAL
HEALTH RESPONSE TRAINING PLAN WHICH ADDRESSES THE NEEDS OF ITS REGION;
(J) ENTER INTO CONTRACTS OR MEMORANDA OF AGREEMENT WITH OTHER REGIONAL
COUNCILS TO PROVIDE SERVICES IN A JOINT OR COOPERATIVE MANNER, AND TO
ENTER INTO CONTRACTS OR MEMORANDA OF AGREEMENT WITH AN EMERGENCY MEDICAL
SERVICES PROGRAM AGENCY TO CARRY OUT ONE OR MORE OF ITS RESPONSIBILITIES
UNDER THIS SECTION, PROVIDED SUCH SERVICES ARE CERTIFIED BY AND CARRIED
OUT PURSUANT TO THE STANDARDS AND TRAINING SET FORTH BY THE STATE COUN-
CIL;
(K) 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
(L) DO ALL THINGS NECESSARY, CONVENIENT AND DESIRABLE TO CARRY OUT ITS
PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED IN THIS SECTION.
7. EACH REGIONAL COUNCIL SHALL HAVE THE RESPONSIBILITY TO COORDINATE
MENTAL HEALTH SERVICES PROGRAMS WITHIN ITS REGION, INCLUDING BUT NOT
LIMITED TO, THE CERTIFICATION OF MENTAL HEALTH RESPONSE UNITS, ESTAB-
LISHMENT OF MENTAL HEALTH RESPONDER COURSES AND THE ISSUANCE OF UNIFORM
MENTAL HEALTH RESPONDER INSIGNIA AND CERTIFICATES. SUCH TRAINING COURSES
SHALL BE MADE AVAILABLE BY VIDEO OR COMPUTER TO THE MAXIMUM EXTENT
POSSIBLE.
8. EACH REGIONAL COUNCIL SHALL HAVE THE RESPONSIBILITY TO MAKE DETER-
MINATIONS OF PUBLIC NEED FOR THE ESTABLISHMENT OF ADDITIONAL EMERGENCY
MENTAL HEALTH SERVICES. THE REGIONAL COUNCIL SHALL MAKE SUCH DETERMI-
NATION BY AN AFFIRMATIVE VOTE OF A MAJORITY OF ALL OF THOSE REGIONAL
COUNCIL MEMBERS CONSISTING OF VOTING MEMBERS.
9. 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.
10. EACH REGIONAL COUNCIL SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY
REQUIRE, BUT NO LESS FREQUENTLY THAN FOUR TIMES PER YEAR. AT LEAST TWO
OF SUCH MEETINGS SHALL BE HELD IN A MANNER AND AT A TIME DESIGNED TO
MAXIMIZE PARTICIPATION OF WORKING MEMBERS OF THE PUBLIC. MEETINGS OF THE
REGIONAL COUNCILS SHALL BE GOVERNED BY THE PROVISIONS OF ARTICLE SEVEN
OF THE PUBLIC OFFICERS LAW, AND SHALL BE OPEN TO AND ACCESSIBLE BY THE
PUBLIC INCLUDING BY VIDEO CONFERENCE OR COMPUTER TO THE GREATEST EXTENT
POSSIBLE.
11. THE COMMISSIONER, UPON REQUEST OF A REGIONAL COUNCIL, MAY DESIG-
NATE AN OFFICER OR EMPLOYEE OF THE DEPARTMENT TO ACT AS SECRETARY OF
S. 4814 9
SUCH REGIONAL COUNCIL, AND MAY ASSIGN FROM TIME TO TIME SUCH OTHER
EMPLOYEES AS SUCH REGIONAL COUNCIL MAY REQUIRE.
12. IN ANY CIVIL ACTION BROUGHT IN ANY COURT AGAINST ANY MEMBER, OFFI-
CER OR EMPLOYEE OF THE REGIONAL COUNCIL FOR ANY ACT DONE, FAILURE TO
ACT, OR STATEMENT OR OPINION MADE WHILE DISCHARGING THEIR DUTIES AS A
MEMBER, OFFICER OR EMPLOYEE OF SUCH REGIONAL COUNCIL, NO MEMBER, OFFICER
OR EMPLOYEE OF SUCH REGIONAL COUNCIL SHALL BE LIABLE FOR DAMAGES IN ANY
SUCH ACTION IF HE OR SHE SHALL HAVE ACTED IN GOOD FAITH AND PURSUANT TO
THE PURPOSES OF SUCH REGIONAL COUNCIL, AS SET FORTH IN THIS SECTION.
13. THE DEPARTMENT 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. SUCH FUNDS SHALL BE PROVIDED UPON APPROVAL BY THE DEPARTMENT OF AN
APPLICATION SUBMITTED BY THE REGIONAL COUNCIL. SUCH APPLICATION SHALL
CONTAIN SUCH INFORMATION AND BE IN SUCH FORM AS THE COMMISSIONER SHALL
REQUIRE PURSUANT TO RULES AND REGULATIONS WHICH THEY SHALL PROMULGATE
AFTER CONSULTATION WITH THE STATE COUNCIL IN ORDER TO AFFECT THE
PURPOSES AND PROVISIONS OF THIS SUBDIVISION.
§ 4. The public health law is amended by adding a new section 3035 to
read as follows:
§ 3035. MENTAL HEALTH RESPONSE UNITS. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) THE "STATE COUNCIL" MEANS THE NEW YORK STATE MENTAL HEALTH
RESPONSE COUNCIL CREATED PURSUANT TO SECTION THREE THOUSAND THIRTY-THREE
OF THIS ARTICLE.
(B) "REGIONAL COUNCIL" SHALL MEAN A REGIONAL MENTAL HEALTH RESPONSE
COUNCIL CREATED PURSUANT TO SECTION THREE THOUSAND THIRTY-FOUR OF THIS
ARTICLE.
(C) "REGIONAL STATE COMMISSIONER" MEANS A MEMBER OF THE STATE COUNCIL
APPOINTED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION THREE
THOUSAND THIRTY-THREE OF THIS ARTICLE.
(D) "MENTAL HEALTH RESPONSE UNIT" SHALL MEAN MENTAL HEALTH RESPONSE
UNITS ESTABLISHED PURSUANT TO THIS SECTION.
(E) "E911 SYSTEM" MEANS AN ENHANCED EMERGENCY TELEPHONE SERVICE WHICH
AUTOMATICALLY CONNECTS A PERSON DIALING THE DIGITS 9-1-1 TO AN ESTAB-
LISHED PUBLIC SERVICE ANSWERING POINT AND WHICH SHALL INCLUDE, BUT NOT
BE LIMITED TO, SELECTIVE ROUTING, AUTOMATIC NUMBER IDENTIFICATION AND
AUTOMATIC LOCATION IDENTIFICATION.
2. PURSUANT TO THE POWERS AND DUTIES OF THE STATE AND REGIONAL COUN-
CILS, A MENTAL HEALTH RESPONSE UNIT SHALL HAVE THE POWER AND AUTHORITY
TO RESPOND TO PEOPLE IN DISTRESS DUE TO MENTAL HEALTH CONDITIONS OR
SUBSTANCE USE. ANY PAID OR VOLUNTEER MEMBER OF A MENTAL HEALTH RESPONSE
UNIT SHALL BE CERTIFIED UNDER THE STANDARDS SET FORTH BY THE STATE COUN-
CIL OR THEIR REGIONAL COUNCIL.
3. A MENTAL HEALTH RESPONSE UNIT MAY RESPOND TO ANY PERSON IN DISTRESS
DUE TO MENTAL HEALTH CONDITIONS OR SUBSTANCE ABUSE, AND SHALL IMMEDIATE-
LY RESPOND TO ANY PERSON IN DISTRESS UNDER ANY OF THE FOLLOWING CIRCUM-
STANCES:
(A) A NOTIFICATION OR REQUEST FROM THE E911 SYSTEM FOR A MENTAL HEALTH
RESPONSE;
(B) A NOTIFICATION OR REQUEST FROM THE STATE POLICE, AUTHORIZED POLICE
FORCE, OR SHERIFF'S DEPARTMENT FOR A MENTAL HEALTH RESPONSE;
(C) A REQUEST FROM THE CHIEF HEALTH OFFICER OF ANY CITY OR COUNTY, OR
ANY COUNTY DIRECTOR OF SOCIAL SERVICES OR THEIR DESIGNEE;
(D) A NOTIFICATION OR REQUEST FROM ANY ALTERNATIVE DISPATCH SYSTEM
DESIGNED FOR NON-CRIMINAL EMERGENCY RESPONSE.
S. 4814 10
4. PURSUANT TO THE GUIDELINES AND STANDARDS PROMULGATED BY THE STATE
COUNCIL, AND PURSUANT TO A REGIONAL COUNCIL'S LOCAL GUIDANCE, IF ANY,
ANY CERTIFIED MEMBER OF A MENTAL HEALTH RESPONSE UNIT MAY OFFER TO
TRANSPORT ANY PERSON IN DISTRESS DUE TO MENTAL HEALTH OR SUBSTANCE USE
TO ENSURE THAT SUCH PERSON GETS APPROPRIATE, TRAUMA-INFORMED MEDICAL
CARE.
5. PURSUANT TO THE GUIDELINES AND STANDARDS PROMULGATED BY THE STATE
COUNCIL, AND PURSUANT TO A REGIONAL COUNCIL'S LOCAL GUIDANCE, IF ANY,
ANY CERTIFIED MEMBER OF A MENTAL HEALTH RESPONSE UNIT MAY TRANSPORT ANY
PERSON IN DISTRESS DUE TO MENTAL HEALTH OR SUBSTANCE USE TO THE BEST
LOCATION FOR APPROPRIATE, TRAUMA-INFORMED CARE, IF SUCH PERSON CONSENTS
TO SUCH TRANSPORT AND/OR TREATMENT. FOR PURPOSES OF THIS SUBDIVISION,
"APPROPRIATE, TRAUMA-INFORMED CARE" MAY INCLUDE ANY MENTAL HEALTH,
MEDICAL, OR SUBSTANCE ABUSE FACILITY, A PRIVATE RESIDENCE, OR OTHER
LOCATIONS AS DEEMED PROPER BY A CERTIFIED MENTAL HEALTH RESPONDER.
6. ANY CERTIFIED MENTAL HEALTH RESPONDER MAY REQUEST THAT A PEACE
OFFICER AS DEFINED BY SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, OR
POLICE OFFICER AS DEFINED BY SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
TRANSPORT A PERSON IN DISTRESS DUE TO MENTAL HEALTH CONDITIONS OR
SUBSTANCE ABUSE, WHEN SUCH RESPONDER HAS EXHAUSTED ALTERNATIVE METHODS
FOR OBTAINING CONSENT FROM SUCH PERSON, SUCH PERSON REFUSES TREATMENT OR
TRANSPORT FROM SUCH RESPONDER; AND:
(A) SUCH PERSON POSES A SUBSTANTIAL RISK OF PHYSICAL HARM TO OTHER
PERSONS AS MANIFESTED BY HOMICIDAL OR OTHER VIOLENT BEHAVIOR BY WHICH
OTHERS ARE PLACED IN REASONABLE FEAR OF SERIOUS PHYSICAL HARM; OR
(B) SUCH MENTAL HEALTH RESPONDER MAKES AN ASSESSMENT, IN LIGHT OF THE
TOTALITY OF THE CIRCUMSTANCES, THAT A MENTAL HEALTH RESPONSE UNIT
RESPONDER IS AT RISK OF PHYSICAL VIOLENCE DUE TO THE PERSON'S ACTIONS.
7. ANY CERTIFIED MENTAL HEALTH RESPONDER SHALL REQUEST THAT A PEACE
OFFICER AS DEFINED BY SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, OR
POLICE OFFICER AS DEFINED BY SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
TRANSPORT A PERSON IN DISTRESS DUE TO MENTAL HEALTH CONDITIONS OR
SUBSTANCE ABUSE PURSUANT TO SECTION 9.41 OF THE MENTAL HYGIENE LAW, WHEN
SUCH RESPONDER HAS EXHAUSTED ALTERNATIVE METHODS FOR OBTAINING CONSENT
FROM SUCH PERSON, SUCH PERSON REFUSES TREATMENT OR TRANSPORT FROM SUCH
RESPONDER, AND SUCH CERTIFIED MENTAL HEALTH RESPONDER BELIEVES THAT SUCH
PERSON POSES AN IMMINENT RISK OF SERIOUS PHYSICAL HARM TO ANY OTHER
PERSON OR PERSONS.
§ 5. Paragraph (a) of subdivision 4 of section 328 of the county law,
as added by section 1 of part G of chapter 81 of the laws of 2002, is
amended to read as follows:
(a) The board shall promulgate minimum standards for the operation of
public safety answering points, which shall include, but not be limited
to, minimum staffing requirements, minimum educational qualifications
for 911 call-takers and dispatchers, and minimum training requirements
for 911 call-takers and dispatchers, but which shall not include those
standards required by paragraph (b) of this subdivision. In promulgating
such standards, the board shall examine national models of best prac-
tice[. Such standards], AND SHALL INCORPORATE THE RECOMMENDATIONS MADE
BY THE NEW YORK STATE MENTAL HEALTH RESPONSE COUNCIL PURSUANT TO SECTION
THREE THOUSAND THIRTY-THREE OF THE PUBLIC HEALTH LAW FOR THE DISPATCH,
RESPONSE, AND TRANSPORT OF INDIVIDUALS EXPERIENCING DISTRESS DUE TO
MENTAL HEALTH ISSUES OR SUBSTANCE USE. STANDARDS INCORPORATING THE GUID-
ANCE OF SUCH STATE COUNCIL shall be promulgated no later than [October
first, two thousand three] JANUARY FIRST, TWO THOUSAND TWENTY-TWO.
S. 4814 11
§ 6. Section 9.41 of the mental hygiene law, as amended by chapter 723
of the laws of 1989, is amended to read as follows:
§ 9.41 Emergency admissions for immediate observation, care, and treat-
ment; powers of certain peace officers and police officers.
1. Any peace officer, when acting pursuant to [his or her] THEIR
special duties, or police officer who is a member of the state police or
of an authorized police department or force or of a sheriff's department
may take into custody any person who appears to be mentally ill [and] OR
UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES IN THE FOLLOWING CIRCUM-
STANCES:
(A) THE PERSON is conducting [himself or herself] THEMSELVES in a
manner which is likely to result in [serious harm to the person or
others] AN IMMINENT RISK OF SERIOUS PHYSICAL HARM TO OTHER PERSONS AS
MANIFESTED BY HOMICIDAL OR OTHER VIOLENT BEHAVIOR BY WHICH OTHERS ARE
PLACED IN REASONABLE FEAR OF SERIOUS PHYSICAL HARM. Such officer may
direct the removal of such person or remove [him or her] THEM to any
hospital specified in subdivision (a) of section 9.39 OF THIS ARTICLE or
any comprehensive psychiatric emergency program specified in subdivision
(a) of section 9.40 OF THIS ARTICLE, or, pending [his or her] THEIR
examination or admission to any such hospital or COMPREHENSIVE PSYCHIAT-
RIC EMERGENCY program, temporarily detain any such person in another
safe and comfortable place, in which event, such officer shall imme-
diately notify:
(I) THE APPROPRIATE REGIONAL MENTAL HEALTH RESPONSE COUNCIL ESTAB-
LISHED PURSUANT TO SECTION THREE THOUSAND THIRTY-FOUR OF THE PUBLIC
HEALTH LAW, PURSUANT TO THE EMERGENCY PROCEDURES UNDER SECTION THREE
HUNDRED TWENTY-EIGHT OF THE COUNTY LAW, IF ANY, AND the director of
community services or, if there be none, the health officer of the city
or county of such action[.];
(II) THE STATE POLICE, DEPARTMENT, OR FORCE OF WHICH THE OFFICER IS A
MEMBER HAS BEEN REQUESTED OR DIRECTED TO RESPOND BY A CERTIFIED MENTAL
HEALTH RESPONSE UNIT AS SET FORTH IN SECTION THREE THOUSAND THIRTY-FIVE
OF THE PUBLIC HEALTH LAW;
(III) A CERTIFIED MENTAL HEALTH RESPONSE UNIT AS SET FORTH IN SECTION
THREE THOUSAND THIRTY-FIVE OF THE PUBLIC HEALTH LAW IS PRESENT ON THE
SCENE WITH THE OFFICER AND IS INCAPACITATED OR OTHERWISE UNABLE TO
COMMUNICATE A REQUEST THAT THE OFFICER TAKE CUSTODY OF THE INDIVIDUAL;
OR
(B) THE PERSON IS CONDUCTING THEMSELVES IN A MANNER WHICH IS LIKELY TO
RESULT IN IMMINENT SERIOUS PHYSICAL HARM TO THEMSELVES AS MANIFESTED BY
THREATS OF OR ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM, AND EITHER:
(I) NO REGIONAL COUNCIL ESTABLISHED PURSUANT TO SECTION THREE THOUSAND
THIRTY-FOUR OF THE PUBLIC HEALTH LAW HAS BEEN ESTABLISHED IN THE REGION
WHERE THE PERSON IS; OR
(II) THE REGIONAL COUNCIL ESTABLISHED PURSUANT TO SECTION THREE THOU-
SAND THIRTY-FOUR OF THE PUBLIC HEALTH LAW HAS NOTIFIED THE STATE COUNCIL
ESTABLISHED PURSUANT TO SECTION THREE THOUSAND THIRTY-THREE OF THE
PUBLIC HEALTH LAW, REQUESTING A MENTAL HEALTH RESPONSE UNIT BUT SUCH
MENTAL HEALTH RESPONSE UNIT HAS NOT ARRIVED TO THE PLACE WHERE THE
PERSON IS LOCATED, AND TAKING THE PERSON IS NECESSARY TO PREVENT SUCH
PERSON FROM EXPERIENCING SERIOUS PHYSICAL INJURY OR DEATH.
2. SUCH OFFICER MAY DIRECT THE REMOVAL OF SUCH PERSON OR REMOVE SUCH
PERSON TO ANY HOSPITAL SPECIFIED IN SUBDIVISION (A) OF SECTION 9.39 OF
THIS ARTICLE OR, PENDING THEIR EXAMINATION OR ADMISSION TO ANY SUCH
HOSPITAL, TEMPORARILY DETAIN ANY SUCH PERSON IN ANOTHER SAFE AND
COMFORTABLE PLACE, IN WHICH EVENT, SUCH OFFICER SHALL IMMEDIATELY NOTI-
S. 4814 12
FY: THE REGIONAL COUNCIL ESTABLISHED PURSUANT TO SECTION THREE THOUSAND
THIRTY-FOUR OF THE PUBLIC HEALTH LAW PURSUANT TO THE EMERGENCY PROCE-
DURES SET FORTH IN SECTION THREE HUNDRED TWENTY-EIGHT OF THE COUNTY LAW,
IF ANY, AND THE DIRECTOR OF COMMUNITY SERVICES OR, IF THERE BE NONE, THE
HEALTH OFFICER OF THE CITY OR COUNTY OF SUCH ACTION.
§ 7. Section 9.41 of the mental hygiene law, as amended by chapter 843
of the laws of 1980, is amended to read as follows:
§ 9.41 Emergency admissions for immediate observation, care, and treat-
ment; powers of certain peace officers and police officers.
1. Any peace officer, when acting pursuant to [his] THEIR special
duties, or police officer who is a member of the state police or of an
authorized police department or force or of a sheriff's department may
take into custody any person who appears to be mentally ill [and] OR
UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES IN THE FOLLOWING CIRCUM-
STANCES:
(A) THE PERSON is conducting [himself] THEMSELVES in a manner which is
likely to result in [serious harm to himself or others. "Likelihood to
result in serious harm" shall mean (1) substantial risk of physical harm
to himself as manifested by threats of or attempts at suicide or serious
bodily harm or other conduct demonstrating that he is dangerous to
himself, or (2) a substantial risk] AN IMMINENT RISK of SERIOUS physical
harm to other persons as manifested by homicidal or other violent behav-
ior by which others are placed in reasonable fear of serious physical
harm. Such officer may direct the removal of such person or remove
[him] THEM to any hospital specified in subdivision (a) of section 9.39
OF THIS ARTICLE or, COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM SPECI-
FIED IN SUBDIVISION (A) OF SECTION 9.40 OF THIS ARTICLE, OR pending
[his] THEIR examination or admission to any such hospital OR COMPREHEN-
SIVE PSYCHIATRIC EMERGENCY PROGRAM, temporarily detain any such person
in another safe and comfortable place, in which event, such officer
shall immediately notify:
(I) THE APPROPRIATE REGIONAL MENTAL HEALTH RESPONSE COUNCIL ESTAB-
LISHED PURSUANT TO SECTION THREE THOUSAND THIRTY-FOUR OF THE PUBLIC
HEALTH LAW, PURSUANT TO THE EMERGENCY PROCEDURES UNDER SECTION THREE
HUNDRED TWENTY-EIGHT OF THE COUNTY LAW, IF ANY, AND the director of
community services or, if there be none, the health officer of the city
or county of such action[.];
(II) THE STATE POLICE, DEPARTMENT, OR FORCE OF WHICH THE OFFICER IS A
MEMBER HAS BEEN REQUESTED OR DIRECTED TO RESPOND BY A CERTIFIED MENTAL
HEALTH RESPONSE UNIT AS SET FORTH IN SECTION THREE THOUSAND THIRTY-FIVE
OF THE PUBLIC HEALTH LAW;
(III) A CERTIFIED MENTAL HEALTH RESPONSE UNIT AS SET FORTH IN SECTION
THREE THOUSAND THIRTY-FIVE OF THE PUBLIC HEALTH LAW IS PRESENT ON THE
SCENE WITH THE OFFICER AND IS INCAPACITATED OR OTHERWISE UNABLE TO
COMMUNICATE A REQUEST THAT THE OFFICER TAKE CUSTODY OF THE INDIVIDUAL;
OR
(B) THE PERSON IS CONDUCTING THEMSELVES IN A MANNER WHICH IS LIKELY TO
RESULT IN IMMINENT SERIOUS PHYSICAL HARM TO THEMSELVES AS MANIFESTED BY
THREATS OF OR ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM, AND EITHER:
(I) NO REGIONAL COUNCIL ESTABLISHED PURSUANT TO SECTION THREE THOUSAND
THIRTY-FOUR OF THE PUBLIC HEALTH LAW HAS BEEN ESTABLISHED IN THE REGION
WHERE THE PERSON IS; OR
(II) THE REGIONAL COUNCIL ESTABLISHED PURSUANT TO SECTION THREE THOU-
SAND THIRTY-FOUR OF THE PUBLIC HEALTH LAW HAS NOTIFIED THE STATE COUNCIL
ESTABLISHED PURSUANT TO SECTION THREE THOUSAND THIRTY-THREE OF THE
PUBLIC HEALTH LAW, REQUESTING A MENTAL HEALTH RESPONSE UNIT BUT SUCH
S. 4814 13
MENTAL HEALTH RESPONSE UNIT HAS NOT ARRIVED TO THE PLACE WHERE THE
PERSON IS LOCATED, AND TAKING THE PERSON IS NECESSARY TO PREVENT SUCH
PERSON FROM EXPERIENCING SERIOUS PHYSICAL INJURY OR DEATH.
2. SUCH OFFICER MAY DIRECT THE REMOVAL OF SUCH PERSON OR REMOVE SUCH
PERSON TO ANY HOSPITAL SPECIFIED IN SUBDIVISION (A) OF SECTION 9.39 OF
THIS ARTICLE OR, PENDING THEIR EXAMINATION OR ADMISSION TO ANY SUCH
HOSPITAL, TEMPORARILY DETAIN ANY SUCH PERSON IN ANOTHER SAFE AND
COMFORTABLE PLACE, IN WHICH EVENT, SUCH OFFICER SHALL IMMEDIATELY NOTI-
FY: THE REGIONAL COUNCIL ESTABLISHED PURSUANT TO SECTION THREE THOUSAND
THIRTY-FOUR OF THE PUBLIC HEALTH LAW PURSUANT TO THE EMERGENCY PROCE-
DURES SET FORTH IN SECTION THREE HUNDRED TWENTY-EIGHT OF THE COUNTY LAW,
IF ANY, AND THE DIRECTOR OF COMMUNITY SERVICES OR, IF THERE BE NONE, THE
HEALTH OFFICER OF THE CITY OR COUNTY OF SUCH ACTION.
§ 8. This act shall take effect on the sixtieth day after it shall
have become a law, provided that the amendments to section 9.41 of the
mental hygiene law made by section six of this act shall be subject to
the expiration and reversion of such section pursuant to section 21 of
chapter 723 of the laws of 1989, as amended, when upon such date the
provisions of section seven of this act shall take effect. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
