S T A T E O F N E W Y O R K ________________________________________________________________________ 8437 2015-2016 Regular Sessions I N A S S E M B L Y October 9, 2015 ___________ Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Mental Health AN ACT to amend the mental hygiene law, in relation to requiring employ- ees who provide respite care services to be certified in first aid and CPR/AED THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The mental hygiene law is amended by adding a new section 2 7.45 to read as follows: 3 S 7.45 RESPITE CARE; FIRST AID AND CPR/AED TRAINING. 4 (A) FOR PURPOSES OF THE SECTION, THE TERM "RESPITE CARE" SHALL MEAN 5 THE PROVISION OF INTERMITTENT TEMPORARY SUBSTITUTE CARE OF A PERSON WITH 6 MENTAL ILLNESS ON BEHALF OF AND IN THE ABSENCE OF THE PARENT OR LEGAL 7 GUARDIAN OF SUCH PERSON, FOR THE PURPOSE OF PROVIDING RELIEF FROM THE 8 STRESSES OF RESPONSIBILITIES OF PROVIDING CONTINUED CARE. 9 (B) EVERY EMPLOYEE OF THE OFFICE WHOSE PRIMARY RESPONSIBILITY IS TO 10 PROVIDE RESPITE CARE SERVICES TO MENTALLY ILL PERSONS AND THEIR FAMILIES 11 SHALL BE CERTIFIED IN FIRST AID AND CARDIOPULMONARY RESUSCITATION 12 (CPR)/AUTOMATED EXTERNAL DEFIBRILLATOR USE (AED) WITHIN SIX MONTHS OF 13 THE HIRING OF SUCH EMPLOYEE AND EVERY TWO YEARS THEREAFTER. THE EXPENSE 14 OF SUCH TRAINING SHALL BE BORNE BY THE DEPARTMENT. 15 (C) THE OFFICE IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND 16 REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION. 17 S 2. The mental hygiene law is amended by adding a new section 13.42 18 to read as follows: 19 S 13.42 RESPITE CARE; FIRST AID AND CPR/AED TRAINING. 20 (A) FOR PURPOSES OF THE SECTION, THE TERM "RESPITE CARE" SHALL MEAN 21 THE PROVISION OF INTERMITTENT TEMPORARY SUBSTITUTE CARE OF A PERSON WITH 22 DEVELOPMENTAL DISABILITIES ON BEHALF OF AND IN THE ABSENCE OF THE PARENT 23 OR LEGAL GUARDIAN OF SUCH PERSON, FOR THE PURPOSE OF PROVIDING RELIEF 24 FROM THE STRESSES OF RESPONSIBILITIES OF PROVIDING CONTINUED CARE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03647-01-5 A. 8437 2 1 (B) EVERY EMPLOYEE OF THE OFFICE WHOSE PRIMARY RESPONSIBILITY IS TO 2 PROVIDE RESPITE CARE SERVICES TO PERSONS WITH DEVELOPMENTAL DISABILITIES 3 AND THEIR FAMILIES SHALL BE CERTIFIED IN FIRST AID AND CARDIOPULMONARY 4 RESUSCITATION (CPR)/AUTOMATED EXTERNAL DEFIBRILLATOR USE (AED) WITHIN 5 SIX MONTHS OF THE HIRING OF SUCH EMPLOYEE AND EVERY TWO YEARS THEREAFT- 6 ER. THE EXPENSE OF SUCH TRAINING SHALL BE BORNE BY THE DEPARTMENT. 7 (C) THE OFFICE IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND 8 REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION. 9 S 3. This act shall take effect on the sixtieth day after it shall 10 have become a law; provided, however, that effective immediately, the 11 addition, amendment and/or repeal of any rule or regulation necessary 12 for the implementation of this act on its effective date is authorized 13 to be made and completed on or before such date.