S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5971
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee 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.
                                                            LBD04908-01-3
              

 A. 5971                             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.