Bill S5281A-2013

Relates to limiting the work week of direct care workers

Relates to limiting the work week of direct care workers.

Details

Actions

  • May 21, 2014: REPORTED AND COMMITTED TO FINANCE
  • May 7, 2014: PRINT NUMBER 5281A
  • May 7, 2014: AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • Jan 8, 2014: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • May 15, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Votes

VOTE: COMMITTEE VOTE: - Mental Health and Developmental Disabilities - May 21, 2014
Ayes (9): Carlucci, Ball, Bonacic, Hannon, Seward, Tkaczyk, Krueger, Latimer, Rivera
Ayes W/R (2): Felder, Zeldin

Memo

BILL NUMBER:S5281A

TITLE OF BILL: An act to amend the mental hygiene law, in relation to limiting the work week of direct care workers

PURPOSE OR GENERAL IDEA OF BILL: This bill would ensure the safety of individuals with developmental disabilities who receive residential treatment from the Office of Persons with Develop-mental Disabilities (OPWDD) and from the Office of Mental Health (OMH) by limiting the number of hours that direct care workers are required work.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 13.19 of the mental hygiene law by adding a new subdivision (e) which limits the amount of hours a direct care worker at an OPWDD facility is required to work to 60 hours.

Section 2 amends section 7.07 of the mental hygiene law by adding a new subdivision (g) which limits the amount of hours a direct care worker at an OMH facility is required to work to 60 hours.

JUSTIFICATION: Advocates for persons receiving services from OPWDD and OMH have expressed concern that employees in residential facilities are permitted to work an excessive amount of overtime. There is a great deal of concern about an employee's ability to function and respond properly to various situations they may be presented with during their shift if they have been working excessive hours.

This piece of legislation is not only intended to provide for the safety of persons with developmental disabilities receiving care, but for the care givers as well. Working long hours with little or no rest in between shifts, is detrimental to an employee's physical and mental health. The negative impacts of excessive work hours without a break have been recognized in a number of other areas particularly healthcare where, for example, restrictions have beer, placed on the number of consecutive hours a physician intern can work without an off period. In response to this concern, this legislation would limit the number of overall hours an employee is required to work in a facility.

PRIOR LEGISLATIVE HISTORY: 2011/12 - A8127A-Passed the Assembly in 2011-Reported to ways and means 2012; S.5716-A - reported to Finance

FISCAL IMPACT: None to the state.

EFFECTIVE DATE: 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5281--A 2013-2014 Regular Sessions IN SENATE May 15, 2013 ___________
Introduced by Sen. CARLUCCI -- 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 limiting the work week of direct care workers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 13.19 of the mental hygiene law, as amended by section 2 of part J of chapter 56 of the laws of 2012, is amended to read as follows: S 13.19 Personnel of the office; regulations. (a) The commissioner may, within the amounts appropriated therefor, appoint and remove in accordance with law and applicable rules of the state civil service commission, such officers and employees of the office for people with developmental disabilities as are necessary for efficient administration. The commissioner shall, in exercising his or her appointing authority, take, consistent with article twenty-three-A of the correction law, all reasonable and necessary steps to ensure that any such person so appointed has not previously engaged in any act in violation of any law which indicates a propensity to act in a manner that would compromise the health and safety of individuals with develop- mental disabilities. (b) The director of a hospital or institute in the office shall have professional qualifications and experience to be prescribed by the commissioner. (c) Notwithstanding the provisions of any other law, the position of deputy director in an office facility may be filled by new hire or by
promotion open to employees who possess the minimum qualifications for the position. [(c)] (D) The use of volunteers in the office for people with develop- mental disabilities shall be encouraged. The commissioner may establish regulations governing such volunteer services. [(d)] (E) Where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law so provides, the commissioner is authorized to implement the provisions of such agreement relating to discipline consistent with the terms thereof. (F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO PROVIDER OPERATING A FACILITY LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE SHALL REQUIRE A DIRECT CARE WORKER TO WORK MORE THAN SIXTY HOURS IN A SEVEN DAY WORK WEEK EXCEPT IN CASES OF EXTRAORDINARY EMERGENCY INCLUDING, BUT NOT LIMITED TO, FIRE, FLOOD, OR DANGER TO LIFE OR PROPERTY. FOR THE PURPOSES OF THIS SUBDIVISION, "DIRECT CARE WORKER" SHALL MEAN AN EMPLOYEE WHOSE PRIMARY RESPONSIBILITY IS THE DAILY CARE OF, SUPERVISION OF, AND INTER- ACTION WITH RESIDENTS OF A RESIDENTIAL FACILITY LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES. S 2. Section 7.07 of the mental hygiene law is amended by adding a new subdivision (g) to read as follows: (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO PROVIDER OPERATING A FACILITY LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE OF MENTAL HEALTH SHALL REQUIRE A DIRECT CARE WORKER TO WORK MORE THAN SIXTY HOURS IN A SEVEN DAY WORK WEEK EXCEPT IN CASES OF EXTRAORDINARY EMERGENCY INCLUD- ING, BUT NOT LIMITED TO, FIRE, FLOOD, OR DANGER TO LIFE OR PROPERTY. FOR THE PURPOSES OF THIS SUBDIVISION "DIRECT CARE WORKER" SHALL MEAN AN EMPLOYEE WHOSE PRIMARY RESPONSIBILITY IS THE DAILY CARE OF, SUPERVISION OF, AND INTERACTION WITH RESIDENTS OF A RESIDENTIAL FACILITY LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE OF MENTAL HEALTH. S 3. 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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