S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5978
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene  law,  in  relation  to  establishing
   emergency mental health units
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Title B of the mental hygiene law is amended  by  adding  a
 new article 11 to read as follows:
                                ARTICLE 11
                       EMERGENCY MENTAL HEALTH UNITS
 
 SECTION 11.01 DECLARATION OF POLICY AND STATEMENT OF PURPOSE.
         11.03 DEFINITIONS.
         11.05 NEW YORK STATE EMERGENCY MENTAL HEALTH UNIT COUNCIL.
         11.07 REGIONAL EMERGENCY MENTAL HEALTH UNIT COUNCILS.
         11.09 EMERGENCY MENTAL HEALTH UNIT CERTIFICATE.
         11.11 POWERS AND DUTIES OF THE OFFICE AND THE COMMISSIONER.
 § 11.01 DECLARATION OF POLICY AND STATEMENT OF PURPOSE.
   THE FURNISHING OF MENTAL HEALTH ASSISTANCE IN AN EMERGENCY IS A MATTER
 OF  VITAL  CONCERN  AFFECTING  THE  PUBLIC  HEALTH,  SAFETY AND WELFARE.
 PREHOSPITAL EMERGENCY MENTAL HEALTH CARE, THE PROVISION  OF  PROMPT  AND
 EFFECTIVE  COMMUNICATION AMONG EMERGENCY SERVICES AND HOSPITALS AND SAFE
 AND EFFECTIVE CARE AND TRANSPORTATION  OF  PERSONS  EXPERIENCING  MENTAL
 HEALTH CRISES ARE ESSENTIAL PUBLIC HEALTH SERVICES.
   IT IS THE PURPOSE OF THIS ARTICLE TO PROMOTE THE PUBLIC HEALTH, SAFETY
 AND  WELFARE  BY  PROVIDING  FOR  CERTIFICATION  OF ALL EMERGENCY MENTAL
 HEALTH UNITS; THE CREATION OF  REGIONAL  EMERGENCY  MENTAL  HEALTH  UNIT
 COUNCILS;  AND  A NEW YORK STATE EMERGENCY MENTAL HEALTH UNIT COUNCIL TO
 DEVELOP MINIMUM TRAINING STANDARDS FOR CERTIFIED EMERGENCY MENTAL HEALTH
 UNITS AND MINIMUM EQUIPMENT AND COMMUNICATION  STANDARDS  FOR  EMERGENCY
 MENTAL HEALTH UNITS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10653-01-1

 S. 5978                             2
 
 § 11.03 DEFINITIONS.
   AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (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

 S. 5978                             3
 
 REQUESTED BY SUCH TRUSTEES TO ASSIST SUCH TRUSTEES' STUDY OF THE  FEASI-
 BILITY  OF COMMUNITY COLLEGES' AND STATE UNIVERSITY OF NEW YORK OFFERING
 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

 S. 5978                             4

 ASSEMBLY,  AND  THE FISCAL AND MENTAL HEALTH COMMITTEES OF EACH HOUSE OF
 THE LEGISLATURE.
 § 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;

 S. 5978                             5
 
   (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-
 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

 S. 5978                             6
 
 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.
 § 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

 S. 5978                             7
 
 TERMS  AND  CONDITIONS  AS  HE SHALL DEEM APPROPRIATE AND WITHIN AMOUNTS
 MADE AVAILABLE THEREFOR, FOR REIMBURSEMENT OF THE  NECESSARY  AND  INCI-
 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.