S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        3068--A

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                   February 8, 2011
                                      ___________

       Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities -- recommitted to the Committee on Alcoholism  and
         Drug  Abuse  in  accordance  with  Senate  Rule 6, sec. 8 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN ACT to amend the mental hygiene law, in relation to the  training  of
         boards  of  directors  or trustees of certain voluntary not-for-profit
         facilities or corporations

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  The section heading and subdivision (a) of section 7.39 of
    2  the mental hygiene law, as added by chapter 800 of the laws of 1986, are
    3  amended and a new subdivision (a-1) is added to read as follows:
    4          Registration,  TRAINING  and notification of boards of directors
    5            or trustees of certain voluntary not-for-profit facilities  or
    6            corporations.
    7    (a)  Notwithstanding  any other law, rule or regulation, the executive
    8  director, chairperson or president of a voluntary, not-for-profit corpo-
    9  ration or facility which is subject to the jurisdiction  of  the  office
   10  [of  mental health] shall furnish annually to the commissioner a list of
   11  the names and addresses of the current members of the board of directors
   12  or trustees of such facility or corporation TOGETHER WITH THE LAST  DATE
   13  OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIRE-
   14  MENTS.    HOSPITALS  OPERATED  PURSUANT  TO  ARTICLE TWENTY-EIGHT OF THE
   15  PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF  TRAIN-
   16  ING  REQUIREMENTS  TO THE COMMISSIONER. NOTHING IN THIS SECTION SHALL BE
   17  CONSTRUED TO EXEMPT SUCH HOSPITALS FROM THE APPLICABLE  REQUIREMENTS  OF
   18  THE  PUBLIC  HEALTH  LAW.    Failure to furnish [such] AN annual list OF
   19  NAMES AND ADDRESSES OF CURRENT MEMBERS OF  THE  BOARD  OF  DIRECTORS  OR

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00426-03-1

       S. 3068--A                          2

    1  TRUSTEES  shall  remove  such facility or corporation from consideration
    2  for recertification.
    3    (A-1)  THE  OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST,
    4  TWO THOUSAND THIRTEEN MINIMUM TRAINING REQUIREMENTS FOR ALL  MEMBERS  OF
    5  THE BOARD OF DIRECTORS OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPO-
    6  RATION  OR  FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE,
    7  WITH  THE  EXCEPTION  OF  HOSPITALS   OPERATED   PURSUANT   TO   ARTICLE
    8  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.  SUCH TRAINING SHALL INCLUDE, BUT
    9  NOT  BE  LIMITED  TO,  THE  FIDUCIARY  RESPONSIBILITIES OF BEING A BOARD
   10  MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH  THE  TOOLS
   11  AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACITY.
   12    S  2.  The section heading and subdivision (a) of section 13.39 of the
   13  mental hygiene law, the section heading as added by chapter 800  of  the
   14  laws  of  1986 and subdivision (a) as amended by chapter 168 of the laws
   15  of 2010, are amended and a new subdivision (a-1) is  added  to  read  as
   16  follows:
   17          Registration,  TRAINING  and notification of boards of directors
   18            or trustees of certain voluntary not-for-profit facilities  or
   19            corporations.
   20    (a)  Notwithstanding  any other law, rule or regulation, the executive
   21  director, chairperson or president of a voluntary, not-for-profit corpo-
   22  ration or facility which is subject to the jurisdiction  of  the  office
   23  [for  people  with developmental disabilities] shall furnish annually to
   24  the commissioner a list of  the  names  and  addresses  of  the  current
   25  members of the board of directors or trustees of such facility or corpo-
   26  ration  TOGETHER WITH THE LAST DATE OF THE CURRENT MEMBERS' OR TRUSTEES'
   27  COMPLETION OF THE TRAINING REQUIREMENTS. HOSPITALS OPERATED PURSUANT  TO
   28  ARTICLE  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO
   29  FURNISH COMPLETION OF TRAINING REQUIREMENTS TO THE COMMISSIONER. NOTHING
   30  IN THIS SECTION SHALL BE CONSTRUED TO EXEMPT  SUCH  HOSPITALS  FROM  THE
   31  APPLICABLE  REQUIREMENTS  OF  THE PUBLIC HEALTH LAW.  Failure to furnish
   32  [such] AN annual list OF NAMES AND ADDRESSES OF CURRENT MEMBERS  OF  THE
   33  BOARD OF DIRECTORS OR TRUSTEES shall remove such facility or corporation
   34  from consideration for recertification.
   35    (A-1)  THE  OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST,
   36  TWO THOUSAND THIRTEEN MINIMUM TRAINING REQUIREMENTS FOR ALL  MEMBERS  OF
   37  THE BOARD OF DIRECTORS OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPO-
   38  RATION  OR  FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE,
   39  WITH  THE  EXCEPTION  OF  HOSPITALS   OPERATED   PURSUANT   TO   ARTICLE
   40  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.  SUCH TRAINING SHALL INCLUDE, BUT
   41  NOT  BE  LIMITED  TO,  THE  FIDUCIARY  RESPONSIBILITIES OF BEING A BOARD
   42  MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH  THE  TOOLS
   43  AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACITY.
   44    S  3.  The section heading and subdivision (a) of section 32.37 of the
   45  mental hygiene law, as added by chapter 558 of the  laws  of  1999,  are
   46  amended and a new subdivision (a-1) is added to read as follows:
   47          Registration,  TRAINING  and notification of boards of directors
   48            or trustees of certain voluntary not-for-profit facilities  or
   49            corporations.
   50    (a)  Notwithstanding any other law, rule, or regulation, the executive
   51  director, chairperson or president of a voluntary, not-for-profit corpo-
   52  ration which has been issued an operating certificate by or has received
   53  funding from the office of alcoholism and substance abuse services shall
   54  furnish annually to the commissioner of such office a list of the  names
   55  and  addresses of the current members of the board of directors or trus-
   56  tees of such corporation TOGETHER WITH THE  LAST  DATE  OF  THE  CURRENT

       S. 3068--A                          3

    1  MEMBERS'  OR  TRUSTEES' COMPLETION OF THE TRAINING REQUIREMENTS.  HOSPI-
    2  TALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH  LAW
    3  SHALL  NOT BE REQUIRED TO FURNISH COMPLETION OF TRAINING REQUIREMENTS TO
    4  THE  COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES. NOTHING IN
    5  THIS SUBDIVISION SHALL BE CONSTRUED TO EXEMPT SUCH  HOSPITALS  FROM  THE
    6  APPLICABLE  REQUIREMENTS  OF  THE  PUBLIC HEALTH LAW. Failure to furnish
    7  [such] AN annual list OF NAMES AND ADDRESSES OF CURRENT MEMBERS  OF  THE
    8  BOARD  OF  DIRECTORS OR TRUSTEES may remove such FACILITY OR corporation
    9  from consideration for recertification or refunding.
   10    (A-1) THE OFFICE OF ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES  SHALL
   11  ESTABLISH  NO  LATER  THAN  OCTOBER  THIRTY-FIRST, TWO THOUSAND THIRTEEN
   12  MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE BOARD OF  DIRECTORS
   13  OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPORATION OR FACILITY WHICH
   14  IS  SUBJECT  TO  THE  JURISDICTION OF SUCH OFFICE, WITH THE EXCEPTION OF
   15  HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
   16  LAW. SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  FIDUCIARY
   17  RESPONSIBILITIES  OF  BEING  A BOARD MEMBER OR TRUSTEE AND SHALL PROVIDE
   18  MEMBERS OR TRUSTEES WITH THE  TOOLS  AND  BEST  PRACTICES  NECESSARY  TO
   19  EFFECTIVELY SERVE IN SUCH CAPACITY.
   20    S  4.  This  act shall take effect on the ninetieth day after it shall
   21  have become a law; provided, however, that  effective  immediately,  the
   22  addition,  amendment  and/or  repeal of any rule or regulation necessary
   23  for the implementation of this act on its effective date are  authorized
   24  and directed to be made and completed on or before such effective date.