§ 5.06 Behavioral health services advisory council.

(a) There is hereby created within the department a behavioral health
services advisory council, the purpose of which shall be to advise the
offices of mental health and addiction services and supports on matters
relating to the provision of behavioral health services; issues of joint
concern to the offices, including the integration of various behavioral
health services and the integration of behavioral health services with
health services; issues related to the delivery of behavioral health
services that are responsive to local, state and federal concerns; and
issues related to treatment disparities and treatment equity, as defined
in section 19.45 of this chapter. The council shall consist of the
commissioners of mental health and of addiction services and supports,
who shall not have the right to vote, the chair of the conference of
local mental hygiene directors or his or her designee, and thirty-two
members appointed by the governor, upon the advice and consent of the
senate. Members shall be appointed only if they have professional
knowledge in the care of persons receiving behavioral health services,
or an active interest in the behavioral health services system.

(b) The governor shall designate one of the members of the council as
chair. At least one-half of the members of the council shall not be
providers of behavioral health services. Membership shall reflect a
balanced representation of persons with interests in mental health and
substance use disorder services and shall include:

(1) at least five current or former consumers of behavioral health
services;

(2) at least three individuals who are parents or relatives of current
or former consumers of behavioral health services;

(3) at least three members who are not providers of behavioral health
services and who represent non-governmental organizations, such as
not-for-profit entities representing health or behavioral health care
employees, private payors of behavioral health services, or other
organizations concerned with the provision of behavioral health
services;

(4) at least five representatives of providers of services to persons
with mental illness and at least five representatives of providers of
services to persons with substance use disorders, at least two of whom
shall be physicians and at least one of whom shall have provided
services to veterans who served in a combat theater or combat zone of
operations;

(5) one member appointed on the recommendation of the state
commissioner of the department of veterans' services and one member
appointed on the recommendation of the adjutant general of the division
of military and naval affairs, at least one of whom shall be a current
or former consumer of mental health services or substance use disorder
services who is a veteran who has served in a combat theater or combat
zone of operations and is a member of a veterans organization;

(6) at least three representatives of local governments or other state
and local agencies concerned with the provision of behavioral health
services;

(7) at least two members who are also members of the public health and
health planning council pursuant to section two hundred twenty of the
public health law; and

(8) at least four members that have expertise in issues facing
vulnerable populations, as defined in section 19.45 of this chapter, who
are receiving or seeking to receive substance use disorder services. Of
such members, one member shall be appointed by the governor at the
recommendation of the temporary president of the senate, one member
shall be appointed by the governor at the recommendation of the minority
leader of the senate, one member shall be appointed by the governor at
the recommendation of the speaker of the assembly and one member shall
be appointed by the governor at the recommendation of the minority
leader of the assembly.

(c) Members shall be appointed for terms of three years provided,
however, that of the members first appointed, one-third shall be
appointed for one year terms and one-third shall be appointed for two
year terms. Vacancies shall be filled in the same manner as original
appointments for the remainder of any unexpired term. No person shall be
an appointed member of the council for more than six years in any period
of twelve consecutive years.

(d) The council shall meet at least four times in each full calendar
year. The council shall meet at the request of its chair or either
commissioner.

(e) The council shall establish such committees as it deems necessary
to address the service needs of special populations and to address
particular subjects of importance in the development and management of
behavioral health services. Provided however, the council shall
establish a committee to specifically focus on substance use disorder
treatment disparities that may exist for vulnerable populations, as
defined in section 19.45 of this chapter.

(f) The council may consider any matter relating to the improvement of
behavioral health services in the state and shall advise the
commissioners on any such matter, including, but not limited to:

(1) care and services to persons with behavioral health disorders,
including special and underserved populations as determined by the
commissioner;

(2) financing behavioral health services;

(3) integration of behavioral health services with health services;

(4) care and services for persons with co-occurring disorders or
multiple disabilities;

(5) prevention of behavioral health disorders;

(6) improvement of care in state operated or community based programs,
recruitment, education and training of qualified direct care personnel,
and protection of the interests of employees affected by adjustments in
the behavioral health service system; and

(7) ways to achieve treatment equity, as defined in section 19.45 of
this chapter.

(g) The council shall, in cooperation with the commissioners,
establish statewide goals and objectives for services to persons with
behavioral health disorders, pursuant to section 5.07 of this article.

(h) (1) The council shall review the portion of the statewide plan to
be developed and updated annually by the commissioners pursuant to
section 5.07 of this article, and report its recommendations thereon to
the commissioners.

(2) The council shall review any mental health or substance use
component of statewide health plans developed in accordance with any
applicable federal law, and shall report its recommendations thereon to
the commissioners.

(i) The council shall review applications filed in accordance with:

(1) section 31.22 of this chapter for approval of incorporation or
establishment of a facility, and section 31.23 of this chapter for
approval of the construction of a facility for which approval from the
commissioner of mental health is required; and

(2) section 32.29 or 32.31 of this chapter for approval of
incorporation or establishment or construction of a facility for which
approval to operate is required from the commissioner of alcoholism and
substance abuse services pursuant to article thirty-two of this chapter,
and as otherwise requested by such commissioner;

(j) The council shall be notified of, and may review at its
discretion, any closure of a hospital or ward thereof operated by the
office of mental health or office of alcoholism and substance abuse
services, and may issue recommendations pertaining to issues including
community reinvestment and continuity of care. All such recommendations
shall be provided to the relevant commissioner or commissioners, the
temporary president of the senate and the speaker of the assembly.

(k) At least sixty days prior to the commissioners' final approval of
rules and regulations under their respective jurisdiction, other than
emergency rules and regulations and regulations promulgated pursuant to
section 43.01 of this chapter, the commissioners shall submit such
proposed rules and regulations to the council for its review. The
council shall review all proposed rules and regulations and report its
recommendations thereon to the commissioners within sixty days. The
commissioner having statutory jurisdiction over the proposed rule or
regulation shall not act in a manner inconsistent with the
recommendations of the council without first appearing before the
council to report the reasons therefor. The council, upon a majority
vote of its members, may require that an alternative approach to the
proposed rules and regulations be published with the notice of the
proposed rules and regulations pursuant to section two hundred two of
the state administrative procedure act. When an alternative approach is
published pursuant to this section, the commissioner having statutory
jurisdiction of the subject proposed rule or regulation shall state the
reasons for not selecting such alternative approach.

(l) The council, by a majority vote of its members, may propose rules
and regulations on any matter within the regulatory jurisdiction of the
offices of mental health or alcoholism and substance abuse services,
other than establishment of fee schedules pursuant to section 43.01 of
this chapter, and forward such proposed rules and regulations to both
commissioners for review and consideration; provided, however, that only
the approval of the commissioner with statutory jurisdiction of the
proposed rule or regulation shall be required. Prior to such
commissioner's final approval and promulgation of such proposed rules
and regulations, if such rules and regulations are modified in any
respect, they shall be submitted to the council pursuant to subdivision
(k) of this section. If such commissioner determines not to promulgate
such proposed rules and regulations, the commissioner shall appear
before the council to report the reasons therefor.

(m) The members of the council shall receive no compensation for their
services but shall be reimbursed for expenses actually and necessarily
incurred in the performance of their duties.

(n) The commissioners, upon request of the council, shall designate
one or more officers or employees from either or both offices to provide
administrative support services to the council, and may assign from time
to time such other employees as the council may request.

(o) No civil action shall be brought in any court against any member
of the behavioral health services advisory council for any act done,
failure to act, or statement or opinion made, while discharging his or
her duties as a member of the council, without leave from a justice of
the supreme court, first had and obtained. In any event, such member
shall not be liable for damages in any such action if he or she acted in
good faith, with reasonable care and upon probable cause. Members of the
council shall be considered public officers for the purposes of section
seventeen of the public officers law.

(p) The council may establish written bylaws.