S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1997
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Mental Health
 
 AN  ACT to amend the mental hygiene law, in relation to establishing the
   New York state council on mental health emergency and crisis response
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The mental hygiene law is amended by adding a new section
 7.42 to read as follows:
 § 7.42 NEW YORK STATE COUNCIL ON  MENTAL  HEALTH  EMERGENCY  AND  CRISIS
          RESPONSE.
   (A) THERE IS HEREBY CREATED IN THE OFFICE, THE NEW YORK STATE ADVISORY
 COUNCIL  ON  MENTAL  HEALTH  EMERGENCY AND CRISIS RESPONSE.  THE COUNCIL
 SHALL CONSIST OF, AT A MINIMUM: THE COMMISSIONER OR HIS OR HER DESIGNEE;
 THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPER-
 VISION  OR  HIS  OR  HER  DESIGNEE; AN INDIVIDUAL REPRESENTING THE STATE
 CONFERENCE OF LOCAL MENTAL HYGIENE DIRECTORS AS ESTABLISHED UNDER  ARTI-
 CLE  FORTY-ONE  OF  THIS  CHAPTER; AN INDIVIDUAL REPRESENTING THE MENTAL
 HYGIENE LEGAL SERVICE AS ESTABLISHED UNDER ARTICLE FORTY-SEVEN  OF  THIS
 CHAPTER;  AND  THIRTY-TWO  ADDITIONAL  MEMBERS  OF WHICH TWELVE SHALL BE
 APPOINTED BY THE GOVERNOR, EIGHT SHALL BE APPOINTED BY  THE  SPEAKER  OF
 THE  ASSEMBLY,  EIGHT SHALL BE APPOINTED BY THE TEMPORARY SPEAKER OF THE
 SENATE, AND TWO EACH SHALL BE APPOINTED BY THE MINORITY  LEADER  OF  THE
 ASSEMBLY  AND  SENATE.  EACH APPOINTED REPRESENTATIVE SHALL BE REPRESEN-
 TATIVE OF THE FOLLOWING AND SHALL REPRESENT EACH GEOGRAPHIC AREA OF  THE
 STATE.  MEMBERS  SHALL  BE  KNOWLEDGEABLE  IN  VARIOUS ASPECTS OF MOBILE
 CRISIS MENTAL HEALTH SERVICES AND SHALL INCLUDE, BUT NOT BE LIMITED  TO:
 (I)  REPRESENTATIVES  OF  MOBILE  CRISIS  OUTREACH TEAMS; (II) STATEWIDE
 ORGANIZATIONS REPRESENTING  MENTAL  HEALTH  PROVIDERS;  (III)  STATEWIDE
 ADVOCACY  GROUPS  REPRESENTING INDIVIDUALS WITH A PSYCHIATRIC CONDITION;
 (IV) REPRESENTATIVES OF HOSPITALS INCLUDING BUT NOT LIMITED TO HOSPITALS
 OPERATING A COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM; (V)  PHYSICIANS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03314-02-3
              

 A. 1997                             2
 
 AND  OTHER  HEALTH PROFESSIONALS, MENTAL HEALTH PROFESSIONALS, AND PEERS
 WITH EXPERIENCE IN THE DELIVERY OF MENTAL HEALTH  CRISIS  SERVICES;  AND
 (VI) FIRST RESPONDERS AND LAW ENFORCEMENT.
   (B)  THE  COUNCIL  SHALL  MAKE  RECOMMENDATIONS TO THE COMMISSIONER ON
 TOPICS INCLUDING BUT NOT LIMITED TO: (I) IDENTIFYING BEST PRACTICES  FOR
 RESPONSE  TO MENTAL HEALTH CRISES; (II) INITIATIVES TO INCREASE TRAINING
 OPPORTUNITIES AND PARTICIPATION  OF  MENTAL  HEALTH  PROFESSIONALS,  AND
 OTHER  QUALIFIED INDIVIDUALS AS MEMBERS OF MOBILE CRISIS OUTREACH TEAMS;
 (III) IDENTIFY TRAINING NEEDS AND  METHODS  TO  IMPROVE  DIVERSION  FROM
 HOSPITALIZATION  AFTER RESPONSE FROM A MOBILE CRISIS OUTREACH TEAM; (IV)
 IDENTIFY THE NEED FOR ESTABLISHING MOBILE CRISIS OUTREACH TEAMS IN  EACH
 REGION  OF  THE STATE AND ACCESSING ALTERNATIVES TO HOSPITALIZATION; (V)
 PUBLIC EDUCATION AND OUTREACH ON THE BENEFIT OF MOBILE  CRISIS  OUTREACH
 TEAMS AND HOW TO ACCESS THEIR SERVICES; (VI)_ OTHER ALTERNATIVE OR INNO-
 VATIVE  APPROACHES  IN  RELATION TO COMMUNITY BASED MENTAL HEALTH CRISIS
 RESPONSE; AND (VII) ANY OTHER RECOMMENDATION DEEMED APPROPRIATE  BY  THE
 COUNCIL.
   (C)  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.
   (D)  THE 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 COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR  SERVICES
 AS MEMBERS.
   (E)  THE COMMISSIONER, UPON REQUEST OF THE COUNCIL, SHALL DESIGNATE AN
 OFFICER OR EMPLOYEE OF THE OFFICE TO ACT AS SECRETARY  OF  THE  COUNCIL,
 AND  SHALL  ASSIGN FROM TIME TO TIME SUCH OTHER EMPLOYEES AS THE COUNCIL
 MAY REQUIRE.
   (F) THE COUNCIL SHALL DEVELOP AND SUBMIT A REPORT TO THE GOVERNOR, THE
 SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF  THE  SENATE  NO
 LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE AND ANNUALLY
 THEREAFTER,  PERTAINING TO THE RECOMMENDATIONS REQUIRED BY THIS SECTION,
 AND RECOMMENDATIONS TO EFFECTIVELY IMPLEMENT ANY  INITIATIVE  IDENTIFIED
 BY  THE  COUNCIL  AND  OTHER  RECOMMENDATIONS  DEEMED APPROPRIATE BY THE
 COMMISSIONER.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    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  to  be  made  and
 completed on or before such effective date.