Bill Text: NY A08498 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to limiting the work week of direct care workers.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-01-06 - referred to mental health [A08498 Detail]

Download: New_York-2015-A08498-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8498
                              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 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:
    1    Section  1.  Section  13.19  of  the mental hygiene law, as amended by
    2  section 2 of part J of chapter 56 of the laws of  2012,  is  amended  to
    3  read as follows:
    4  S 13.19 Personnel of the office; regulations.
    5    (a)  The  commissioner  may, within the amounts appropriated therefor,
    6  appoint and remove in accordance with law and applicable  rules  of  the
    7  state  civil  service  commission,  such  officers  and employees of the
    8  office for people with developmental disabilities as are  necessary  for
    9  efficient  administration.  The commissioner shall, in exercising his or
   10  her appointing authority, take, consistent with  article  twenty-three-A
   11  of the correction law, all reasonable and necessary steps to ensure that
   12  any  such  person  so appointed has not previously engaged in any act in
   13  violation of any law which indicates a propensity to  act  in  a  manner
   14  that would compromise the health and safety of individuals with develop-
   15  mental disabilities.
   16    (b)  The  director of a hospital or institute in the office shall have
   17  professional qualifications and  experience  to  be  prescribed  by  the
   18  commissioner.
   19    (c)  Notwithstanding  the provisions of any other law, the position of
   20  deputy director in an office facility may be filled by new  hire  or  by
   21  promotion  open  to employees who possess the minimum qualifications for
   22  the position.
   23    [(c)] (D) The use of volunteers in the office for people with develop-
   24  mental disabilities shall be encouraged. The commissioner may  establish
   25  regulations governing such volunteer services.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03579-01-5
       A. 8498                             2
    1    [(d)]  (E)  Where,  and  to  the extent that, an agreement between the
    2  state and an employee organization  entered  into  pursuant  to  article
    3  fourteen  of  the  civil  service  law  so provides, the commissioner is
    4  authorized to implement the provisions of  such  agreement  relating  to
    5  discipline consistent with the terms thereof.
    6    (F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO PROVIDER OPERATING A
    7  FACILITY  LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE SHALL REQUIRE A
    8  DIRECT CARE WORKER TO WORK MORE THAN SIXTY HOURS IN  A  SEVEN  DAY  WORK
    9  WEEK  EXCEPT  IN  CASES  OF  EXTRAORDINARY  EMERGENCY INCLUDING, BUT NOT
   10  LIMITED TO, FIRE, FLOOD, OR DANGER TO LIFE OR PROPERTY. FOR THE PURPOSES
   11  OF THIS SUBDIVISION, "DIRECT CARE WORKER" SHALL MEAN AN  EMPLOYEE  WHOSE
   12  PRIMARY  RESPONSIBILITY IS THE DAILY CARE OF, SUPERVISION OF, AND INTER-
   13  ACTION WITH RESIDENTS OF A RESIDENTIAL FACILITY LICENSED,  OPERATED,  OR
   14  CERTIFIED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   15    S 2. Section 7.07 of the mental hygiene law is amended by adding a new
   16  subdivision (g) to read as follows:
   17    (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO PROVIDER OPERATING A
   18  FACILITY LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE OF MENTAL HEALTH
   19  SHALL  REQUIRE  A  DIRECT CARE WORKER TO WORK MORE THAN SIXTY HOURS IN A
   20  SEVEN DAY WORK WEEK EXCEPT IN CASES OF EXTRAORDINARY  EMERGENCY  INCLUD-
   21  ING, BUT NOT LIMITED TO, FIRE, FLOOD, OR DANGER TO LIFE OR PROPERTY. FOR
   22  THE  PURPOSES  OF  THIS  SUBDIVISION  "DIRECT CARE WORKER" SHALL MEAN AN
   23  EMPLOYEE WHOSE PRIMARY RESPONSIBILITY IS THE DAILY CARE OF,  SUPERVISION
   24  OF,  AND  INTERACTION WITH RESIDENTS OF A RESIDENTIAL FACILITY LICENSED,
   25  OPERATED, OR CERTIFIED BY THE OFFICE OF MENTAL HEALTH.
   26    S 3. This act shall take effect on the ninetieth day  after  it  shall
   27  have  become  a  law; provided, however, that effective immediately, the
   28  addition, amendment and/or repeal of any rule  or  regulation  necessary
   29  for  the implementation of this act on its effective date are authorized
   30  and directed to be made and completed on or before such effective date.