NY State Senate Bill 2015-S2914A

Senate Bill S2914A

2015-2016 Legislative Session

Relates to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2016	print number 2914a
Jan 14, 2016	amend and recommit to mental health and developmental disabilities
Jan 06, 2016	referred to mental health and developmental disabilities
Jan 30, 2015	referred to mental health and developmental disabilities

Bill Amendments

Original

A (Active)

2015-S2914 - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.39, 13.39 & 32.37, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5596
2011-2012: S3068
2013-2014: S1462
2017-2018: S3593
2019-2020: S4892

2015-S2914 - Summary

Relates to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations.

2015-S2914 - Sponsor Memo

                                BILL NUMBER:S2914

TITLE OF BILL:

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

PURPOSE:

This legislation would direct OPWDD, OMH and OASAS to establish
minimum training requirements for all members of the board of
directors or trustees of a voluntary, not-for-profit corporation or
facility which is subject to the jurisdiction of the offices, with the
exception of article 28 hospitals. Training would include, but not be
limited to, the fiduciary responsibilities of being a board member or
trustee and shall provide members or trustees with the tools and best
practices necessary to effectively serve in such capacity.

SUMMARY OF PROVISIONS:

Section One of the bill amends section 7.39(a) of the mental hygiene
law to require OMH to establish minimum training requirements by
October 31,2016 for all members of the board of directors or trustees
of a voluntary, not-for-profit corporation or facility which is
subject to the jurisdiction of the office, with the exception of

article 28 hospitals, and that the latest date of the member's
completion of the training requirements shall be included in the list
of board members that the agencies must give to OMH annually.

Section two of the bill amends section 13.39 (a) of the mental hygiene
law to provide that the Office of Mental Retardation and Developmental
Disabilities (OPWDD) shall establish no later than October 31, 2016
minimum training requirements for all members of the board of
directors or trustees of a voluntary, not-for-profit corporation or
facility which is subject to the jurisdiction of the office, with the
exception of article 28 hospitals, and that the latest date of the
member's completion of the training requirements shall be included in
the list of board members that the agencies must give to OPWDD
annually.

Section three of the bill amends section 32.37 of the mental hygiene
law to require OASAS to establish minimum training requirements by
October 31, 2016 for all members of the board of directors or trustees
of a voluntary, not-for-profit corporation or facility which is
subject to the jurisdiction of the office, with the exception of
article 28 hospitals, and that the latest date of the member's
completion of the training requirements shall be included in the list
of board members that the agencies must give to OASAS annually.

Section four of the bill provides for an effective date on the 90th
day after it shall have become law, provided that effective
immediately changes to the rules or regulations necessary for the
implementation of this act may be made.

JUSTIFICATION:


While the vast majority of facilities providing care to New York
State's developmentally disabled, mentally ill and chemically
dependent individuals do an outstanding job, on occasion facilities
have been found to have safety, quality of care and fiscal
mismanagement issues. Recent investigations by the Commission on
Quality of Care and Advocacy for Persons with Disabilities (CQCAPD)
have once again highlighted problems that can occur. For example,
CQC's report on its investigation of the Evelyn Douglin Center found
widespread fiscal mismanagement of public funds by the Executive
Director and further found that "the agency's Board of Directors
failed in its fiduciary duty to closely monitor the executive director
and hold him accountable for the management of the agency."

Boards of Directors play a very important role in overseeing the
agencies that are responsible for the care of some of our society's
most vulnerable individuals and spending millions of dollars in public
Medicaid funds in the process. While various training opportunity are
available to boards and board members, there are no minimum training
requirements in place for board members and no way to know if board
members have ever had any training. It is not always easy to find
individuals willing and able to serve on agency Board of Directors.
Often parents and other  concerned citizens agree to serve on a board
not recognizing the fiduciary and ethical responsibility they are
taking on. Furthermore, parents who are board members can have the
uncomfortable position of questioning an agencies' management only to
worry about how it may affect their child who is a resident.

The recent reports of CQCAPD have highlighted the need for some
minimum level of board training on the fiduciary and other
responsibilities members hold as well as knowledge of the tools and
best practices that are available to effectively serve in such a
capacity. Such training should be completed as soon as possible for
new board members and should be required of existing board members who
have not yet completed similar training. This would go a long way
toward ensuring that boards do not serve merely as rubber stamps of an
agencies' or executive director's actions but play an active role in
overseeing the agency and ensuring the well being of it and its
residents.

LEGISLATIVE HISTORY:

2011-12 - S.3068A - Died in Alcoholism and Drug Abuse
2010: S.5596 - Referred to Mental Health & Developmental Disabilities

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

Ninety days after it shall become law provided that effective
immediately changes to the rules or regulations necessary for the
implementation of this act may be made.

2015-S2914 - Bill Text download pdf

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

                                  2914

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

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:

  Section 1.  The section heading and subdivision (a) of section 7.39 of
the mental hygiene law, as added by chapter 800 of the laws of 1986, are
amended and a new subdivision (a-1) is added to read as follows:
        Registration,  TRAINING  and notification of boards of directors
          or trustees of certain voluntary not-for-profit facilities  or
          corporations.
  (a)  Notwithstanding  any other law, rule or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration or facility which is subject to the jurisdiction  of  the  office
[of  mental health] shall furnish annually to the commissioner a list of
the names and addresses of the current members of the board of directors
or trustees of such facility or corporation TOGETHER WITH THE LAST  DATE
OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIRE-
MENTS.    HOSPITALS  OPERATED  PURSUANT  TO  ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF  TRAIN-
ING  REQUIREMENTS  TO THE COMMISSIONER. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO EXEMPT SUCH HOSPITALS FROM THE APPLICABLE  REQUIREMENTS  OF
THE  PUBLIC  HEALTH  LAW.    Failure to furnish [such] AN annual list OF
NAMES AND ADDRESSES OF CURRENT MEMBERS OF  THE  BOARD  OF  DIRECTORS  OR
TRUSTEES  shall  remove  such facility or corporation from consideration
for recertification.
  (A-1) THE OFFICE SHALL ESTABLISH NO LATER THAN  OCTOBER  THIRTY-FIRST,
TWO  THOUSAND SEVENTEEN MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06903-01-5

S. 2914                             2

THE BOARD OF DIRECTORS OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPO-
RATION OR FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF  THE  OFFICE,
WITH   THE   EXCEPTION   OF   HOSPITALS  OPERATED  PURSUANT  TO  ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.  SUCH TRAINING SHALL INCLUDE, BUT
NOT  BE  LIMITED  TO,  THE  FIDUCIARY  RESPONSIBILITIES OF BEING A BOARD
MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH  THE  TOOLS
AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACITY.
  S  2.  The section heading and subdivision (a) of section 13.39 of the
mental hygiene law, the section heading as added by chapter 800  of  the
laws  of  1986 and subdivision (a) as amended by chapter 168 of the laws
of 2010, are amended and a new subdivision (a-1) is  added  to  read  as
follows:
        Registration,  TRAINING  and notification of boards of directors
          or trustees of certain voluntary not-for-profit facilities  or
          corporations.
  (a)  Notwithstanding  any other law, rule or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration or facility which is subject to the jurisdiction  of  the  office
[for  people  with developmental disabilities] shall furnish annually to
the commissioner a list of  the  names  and  addresses  of  the  current
members of the board of directors or trustees of such facility or corpo-
ration  TOGETHER WITH THE LAST DATE OF THE CURRENT MEMBERS' OR TRUSTEES'
COMPLETION OF THE TRAINING REQUIREMENTS. HOSPITALS OPERATED PURSUANT  TO
ARTICLE  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO
FURNISH COMPLETION OF TRAINING REQUIREMENTS TO THE COMMISSIONER. NOTHING
IN THIS SECTION SHALL BE CONSTRUED TO EXEMPT  SUCH  HOSPITALS  FROM  THE
APPLICABLE  REQUIREMENTS  OF  THE PUBLIC HEALTH LAW.  Failure to furnish
[such] AN annual list OF NAMES AND ADDRESSES OF CURRENT MEMBERS  OF  THE
BOARD OF DIRECTORS OR TRUSTEES shall remove such facility or corporation
from consideration for recertification.
  (A-1)  THE  OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST,
TWO THOUSAND SEVENTEEN MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS  OF
THE BOARD OF DIRECTORS OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPO-
RATION  OR  FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE,
WITH  THE  EXCEPTION  OF  HOSPITALS   OPERATED   PURSUANT   TO   ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.  SUCH TRAINING SHALL INCLUDE, BUT
NOT  BE  LIMITED  TO,  THE  FIDUCIARY  RESPONSIBILITIES OF BEING A BOARD
MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH  THE  TOOLS
AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACITY.
  S  3.  The section heading and subdivision (a) of section 32.37 of the
mental hygiene law, as added by chapter 558 of the  laws  of  1999,  are
amended and a new subdivision (a-1) is added to read as follows:
        Registration,  TRAINING  and notification of boards of directors
          or trustees of certain voluntary not-for-profit facilities  or
          corporations.
  (a)  Notwithstanding any other law, rule, or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration which has been issued an operating certificate by or has received
funding from the office of alcoholism and substance abuse services shall
furnish annually to the commissioner of such office a list of the  names
and  addresses of the current members of the board of directors or trus-
tees of such corporation TOGETHER WITH THE  LAST  DATE  OF  THE  CURRENT
MEMBERS'  OR  TRUSTEES' COMPLETION OF THE TRAINING REQUIREMENTS.  HOSPI-
TALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH  LAW
SHALL  NOT BE REQUIRED TO FURNISH COMPLETION OF TRAINING REQUIREMENTS TO
THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES. NOTHING  IN

S. 2914                             3

THIS  SUBDIVISION  SHALL  BE CONSTRUED TO EXEMPT SUCH HOSPITALS FROM THE
APPLICABLE REQUIREMENTS OF THE PUBLIC HEALTH  LAW.  Failure  to  furnish
[such]  AN  annual list OF NAMES AND ADDRESSES OF CURRENT MEMBERS OF THE
BOARD  OF  DIRECTORS OR TRUSTEES may remove such FACILITY OR corporation
from consideration for recertification or refunding.
  (A-1) THE OFFICE OF ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES  SHALL
ESTABLISH  NO  LATER  THAN  OCTOBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN
MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE BOARD OF  DIRECTORS
OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPORATION OR FACILITY WHICH
IS  SUBJECT  TO  THE  JURISDICTION OF SUCH OFFICE, WITH THE EXCEPTION OF
HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
LAW. SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  FIDUCIARY
RESPONSIBILITIES  OF  BEING  A BOARD MEMBER OR TRUSTEE AND SHALL PROVIDE
MEMBERS OR TRUSTEES WITH THE  TOOLS  AND  BEST  PRACTICES  NECESSARY  TO
EFFECTIVELY SERVE IN SUCH CAPACITY.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  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
and directed to be made and completed on or before such effective date.

2015-S2914A (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.39, 13.39 & 32.37, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5596
2011-2012: S3068
2013-2014: S1462
2017-2018: S3593
2019-2020: S4892

2015-S2914A (ACTIVE) - Summary

Relates to the training of boards of directors or trustees of certain voluntary not-for-profit facilities or corporations.

2015-S2914A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2914A

 TITLE OF BILL :

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

 PURPOSE :

This legislation would direct OPWDD, OMH and OASAS to establish
minimum training requirements for all members of the board of
directors or trustees of a voluntary, not-for-profit corporation or
facility which is subject to the jurisdiction of the offices, with the
exception of article 28 hospitals. Training would include, but not be
limited to, the fiduciary responsibilities of being a board member or
trustee and shall provide members or trustees with the tools and best
practices necessary to effectively serve in such capacity.

 SUMMARY OF PROVISIONS :

Section One of the bill amends section 7.39(a) of the mental hygiene
law to require OMH to establish minimum training requirements by
October 31,2016 for all members of the board of directors or trustees
of a voluntary, not-for-profit corporation or facility which is
subject to the jurisdiction of the office, with the exception of

article 28 hospitals, and that the latest date of the member's
completion of the training requirements shall be included in the list
of board members that the agencies must give to OMH annually.

Section two of the bill amends section 13.39 (a) of the mental hygiene
law to provide that the Office of Mental Retardation and Developmental
Disabilities (OPWDD) shall establish no later than October 31, 2016
minimum training requirements for all members of the board of
directors or trustees of a voluntary, not-for-profit corporation or
facility which is subject to the jurisdiction of the office, with the
exception of article 28 hospitals, and that the latest date of the
member's completion of the training requirements shall be included in
the list of board members that the agencies must give to OPWDD
annually.

Section three of the bill amends section 32.37 of the mental hygiene
law to require OASAS to establish minimum training requirements by
October 31, 2016 for all members of the board of directors or trustees
of a voluntary, not-for-profit corporation or facility which is
subject to the jurisdiction of the office, with the exception of
article 28 hospitals, and that the latest date of the member's
completion of the training requirements shall be included in the list
of board members that the agencies must give to OASAS annually.

Section four of the bill provides for an effective date on the 90th
day after it shall have become law, provided that effective
immediately changes to the rules or regulations necessary for the
implementation of this act may be made.

 JUSTIFICATION :

While the vast majority of facilities providing care to New York
State's developmentally disabled, mentally ill and chemically
dependent individuals do an outstanding job, on occasion facilities
have been found to have safety, quality of care and fiscal
mismanagement issues. Recent investigations by the Commission on
Quality of Care and Advocacy for Persons with Disabilities (CQCAPD)
have once again highlighted problems that can occur. For example,
CQC's report on its investigation of the Evelyn Douglin Center found
widespread fiscal mismanagement of public funds by the Executive
Director and further found that "the agency's Board of Directors
failed in its fiduciary duty to closely monitor the executive director
and hold him accountable for the management of the agency."

Boards of Directors play a very important role in overseeing the
agencies that are responsible for the care of some of our society's
most vulnerable individuals and spending millions of dollars in public
Medicaid funds in the process. While various training opportunity are
available to boards and board members, there are no minimum training
requirements in place for board members and no way to know if board
members have ever had any training. It is not always easy to find
individuals willing and able to serve on agency Board of Directors.
Often parents and other. concerned citizens agree to serve on a board
not recognizing the fiduciary and ethical responsibility they are
taking on. Furthermore, parents who are board members can have the
uncomfortable position of questioning an agencies' management only to
worry about how it may affect their child who is a resident.

The recent reports of CQCAPD have highlighted the need for some
minimum level of board training on the fiduciary and other
responsibilities members hold as well as knowledge of the tools and
best practices that are available to effectively serve in such a
capacity. Such training should be completed as soon as possible for
new board members and should be required of existing board members who
have not yet completed similar training. This would go a long way
toward ensuring that boards do not serve merely as rubber stamps of an
agencies' or executive director's actions but play an active role in
overseeing the agency and ensuring the well being of it and its
residents.

 LEGISLATIVE HISTORY :

2011-12 - S.3068A - Died in Alcoholism and Drug Abuse
2010: S.5596 - Referred to Mental Health & Developmental Disabilities

 FISCAL IMPLICATIONS :

None to state.

 EFFECTIVE DATE :
Ninety days after it shall become law provided that effective
immediately changes to the rules or regulations necessary for the
implementation of this act may be made.

2015-S2914A (ACTIVE) - Bill Text download pdf

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

                                 2914--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

Introduced  by  Sen.  PARKER -- 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  Mental  Health
  and  Developmental Disabilities 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:

  Section 1.  The section heading and subdivision (a) of section 7.39 of
the mental hygiene law, as added by chapter 800 of the laws of 1986, are
amended and a new subdivision (a-1) is added to read as follows:
        Registration, TRAINING and notification of boards  of  directors
          or  trustees of certain voluntary not-for-profit facilities or
          corporations.
  (a) Notwithstanding any other law, rule or regulation,  the  executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration  or  facility  which is subject to the jurisdiction of the office
[of mental health] shall furnish annually to the commissioner a list  of
the names and addresses of the current members of the board of directors
or  trustees of such facility or corporation TOGETHER WITH THE LAST DATE
OF THE CURRENT MEMBERS' OR TRUSTEES' COMPLETION OF THE TRAINING REQUIRE-
MENTS.   HOSPITALS OPERATED PURSUANT  TO  ARTICLE  TWENTY-EIGHT  OF  THE
PUBLIC  HEALTH LAW SHALL NOT BE REQUIRED TO FURNISH COMPLETION OF TRAIN-
ING REQUIREMENTS TO THE COMMISSIONER. NOTHING IN THIS SECTION  SHALL  BE
CONSTRUED  TO  EXEMPT SUCH HOSPITALS FROM THE APPLICABLE REQUIREMENTS OF
THE PUBLIC HEALTH LAW.   Failure to furnish [such]  AN  annual  list  OF
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.
                                                           LBD06903-02-6

S. 2914--A                          2

TRUSTEES shall remove such facility or  corporation  from  consideration
for recertification.
  (A-1)  THE  OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST,
TWO THOUSAND EIGHTEEN MINIMUM TRAINING REQUIREMENTS FOR ALL  MEMBERS  OF
THE BOARD OF DIRECTORS OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPO-
RATION  OR  FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE,
WITH  THE  EXCEPTION  OF  HOSPITALS   OPERATED   PURSUANT   TO   ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.  SUCH TRAINING SHALL INCLUDE, BUT
NOT  BE  LIMITED  TO,  THE  FIDUCIARY  RESPONSIBILITIES OF BEING A BOARD
MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH  THE  TOOLS
AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACITY.
  S  2.  The section heading and subdivision (a) of section 13.39 of the
mental hygiene law, the section heading as added by chapter 800  of  the
laws  of  1986 and subdivision (a) as amended by chapter 168 of the laws
of 2010, are amended and a new subdivision (a-1) is  added  to  read  as
follows:
        Registration,  TRAINING  and notification of boards of directors
          or trustees of certain voluntary not-for-profit facilities  or
          corporations.
  (a)  Notwithstanding  any other law, rule or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration or facility which is subject to the jurisdiction  of  the  office
[for  people  with developmental disabilities] shall furnish annually to
the commissioner a list of  the  names  and  addresses  of  the  current
members of the board of directors or trustees of such facility or corpo-
ration  TOGETHER WITH THE LAST DATE OF THE CURRENT MEMBERS' OR TRUSTEES'
COMPLETION OF THE TRAINING REQUIREMENTS. HOSPITALS OPERATED PURSUANT  TO
ARTICLE  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW SHALL NOT BE REQUIRED TO
FURNISH COMPLETION OF TRAINING REQUIREMENTS TO THE COMMISSIONER. NOTHING
IN THIS SECTION SHALL BE CONSTRUED TO EXEMPT  SUCH  HOSPITALS  FROM  THE
APPLICABLE  REQUIREMENTS  OF  THE PUBLIC HEALTH LAW.  Failure to furnish
[such] AN annual list OF NAMES AND ADDRESSES OF CURRENT MEMBERS  OF  THE
BOARD OF DIRECTORS OR TRUSTEES shall remove such facility or corporation
from consideration for recertification.
  (A-1)  THE  OFFICE SHALL ESTABLISH NO LATER THAN OCTOBER THIRTY-FIRST,
TWO THOUSAND EIGHTEEN MINIMUM TRAINING REQUIREMENTS FOR ALL  MEMBERS  OF
THE BOARD OF DIRECTORS OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPO-
RATION  OR  FACILITY WHICH IS SUBJECT TO THE JURISDICTION OF THE OFFICE,
WITH  THE  EXCEPTION  OF  HOSPITALS   OPERATED   PURSUANT   TO   ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.  SUCH TRAINING SHALL INCLUDE, BUT
NOT  BE  LIMITED  TO,  THE  FIDUCIARY  RESPONSIBILITIES OF BEING A BOARD
MEMBER OR TRUSTEE AND SHALL PROVIDE MEMBERS OR TRUSTEES WITH  THE  TOOLS
AND BEST PRACTICES NECESSARY TO EFFECTIVELY SERVE IN SUCH CAPACITY.
  S  3.  The section heading and subdivision (a) of section 32.37 of the
mental hygiene law, as added by chapter 558 of the  laws  of  1999,  are
amended and a new subdivision (a-1) is added to read as follows:
        Registration,  TRAINING  and notification of boards of directors
          or trustees of certain voluntary not-for-profit facilities  or
          corporations.
  (a)  Notwithstanding any other law, rule, or regulation, the executive
director, chairperson or president of a voluntary, not-for-profit corpo-
ration which has been issued an operating certificate by or has received
funding from the office of alcoholism and substance abuse services shall
furnish annually to the commissioner of such office a list of the  names
and  addresses of the current members of the board of directors or trus-
tees of such corporation TOGETHER WITH THE  LAST  DATE  OF  THE  CURRENT

S. 2914--A                          3

MEMBERS'  OR  TRUSTEES' COMPLETION OF THE TRAINING REQUIREMENTS.  HOSPI-
TALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH  LAW
SHALL  NOT BE REQUIRED TO FURNISH COMPLETION OF TRAINING REQUIREMENTS TO
THE  COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES. NOTHING IN
THIS SUBDIVISION SHALL BE CONSTRUED TO EXEMPT SUCH  HOSPITALS  FROM  THE
APPLICABLE  REQUIREMENTS  OF  THE  PUBLIC HEALTH LAW. Failure to furnish
[such] AN annual list OF NAMES AND ADDRESSES OF CURRENT MEMBERS  OF  THE
BOARD  OF  DIRECTORS OR TRUSTEES may remove such FACILITY OR corporation
from consideration for recertification or refunding.
  (A-1) THE OFFICE OF ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES  SHALL
ESTABLISH  NO  LATER  THAN  OCTOBER  THIRTY-FIRST, TWO THOUSAND EIGHTEEN
MINIMUM TRAINING REQUIREMENTS FOR ALL MEMBERS OF THE BOARD OF  DIRECTORS
OR TRUSTEES OF A VOLUNTARY, NOT-FOR-PROFIT CORPORATION OR FACILITY WHICH
IS  SUBJECT  TO  THE  JURISDICTION OF SUCH OFFICE, WITH THE EXCEPTION OF
HOSPITALS OPERATED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
LAW. SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  FIDUCIARY
RESPONSIBILITIES  OF  BEING  A BOARD MEMBER OR TRUSTEE AND SHALL PROVIDE
MEMBERS OR TRUSTEES WITH THE  TOOLS  AND  BEST  PRACTICES  NECESSARY  TO
EFFECTIVELY SERVE IN SUCH CAPACITY.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  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
and directed to be made and completed on or before such effective date.

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