S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2760
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ORTIZ,  SANTABARBARA,  FAHY -- read once and
   referred to the Committee on Mental Health
 
 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:
 § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02701-02-9

 A. 2760                             2
 
   [(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.
   § 2. Section 7.07 of the mental hygiene law is amended by adding a new
 subdivision (h) to read as follows:
   (H) 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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.  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 to be made  and  completed
 on or before such date.