NY Ment Hygiene L § 13.33 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 13 - Office for People With Developmental Disabilities 13.33 - Boards of Visitors.

§ 13.33 Boards of visitors.  (a)  Each  state  operations  office  under  the  jurisdiction  of the commissioner shall have a minimum of one board of visitors consisting of at least seven but not more than fourteen members. Members appointed  or reappointed  after the effective date of this chapter shall be appointed by the governor, by and with the  advice  and  consent  of  the  senate. Members  shall  be  appointed  for  four  year  terms  to  expire on the thirty-first day of December of the fourth year of the  term  of  office provided  however,  when  more  than three terms expire in any one year, members may be appointed for terms of fewer years as designated  by  the governor  so  that  no  more than three members' terms expire in any one year. All terms of office  shall  expire  on  the  thirty-first  day  of December  of the designated year. A member whose term has expired shall, however, remain  in  office  until  such  member's  successor  has  been appointed and has taken office, or until such member shall have resigned or  have  been  removed  from office in the manner hereinafter provided. Should any member resign or be removed from office, the  governor  shall promptly  submit,  for senate consent, a successor candidate to fill the remaining term of the vacated office. A visitor may be  removed  by  the governor  for cause after notice and an opportunity for a hearing on the charges. In making appointments to  boards  of  visitors,  the  governor shall  endeavor  to  ensure that the membership of each such board shall adequately reflect the  composition  of  the  community  or  communities served  by the state operations office, that the membership of each such board includes at least three individuals who are parents  or  relatives of  patients  or of former patients and that the remainder includes only those persons, including former patients, who shall  have  expressed  an active interest in, or shall have obtained professional knowledge in the care  of  persons  with  developmental  disabilities or in developmental disability endeavors generally.  (b) No elected state officer or member of the legislature may serve as a visitor.  (c)  Each  visitor  shall  reside,  at  the  time  of  appointment  or reappointment,  in  the  area,  as established by the regulations of the commissioner, served by the state operated office that it oversees.  (d) Each board shall, at the first meeting of each calendar year elect one member to serve as president of the board and one member to serve as secretary; provided however, that no member may serve for more than  two consecutive years as president.  (e)  Visitors  shall  not receive compensation but shall be reimbursed for their actual expenses in connection with their service as visitors.  (f) (1) Each board of  visitors  shall  hold  six  bi-monthly  regular meetings  annually,  but  a  greater  number  of regular meetings may be scheduled by the board. Each board of visitors shall establish in  their by-laws  or  otherwise,  in writing, whether these six meetings shall be held during months represented by odd numbers or months  represented  by even  numbers.  The  president of the board shall notify the chairman of the commission  on  quality  of  care  and  advocacy  for  persons  with disabilities and the state operations director of the determination made concerning   the  designated  months  for  the  six  bi-monthly  regular meetings. The president of the board, the commissioner, the director, or the members as determined by the rules of the  board  may  call  special meetings.  The board may require the director to submit a report at each meeting.  Each  board  shall  keep  a  record  of  its  proceedings  and activities.  A  member  of  a board of visitors who has failed to attend three consecutive bi-monthly regular meetings  shall  be  considered  to have  vacated  his  office unless otherwise ordered by the governor. The board shall cause notice of any of its public meetings to be sent to the  mental hygiene legal service located in the same judicial department  as the state operations office. The mental hygiene legal service may send a representative  to any such public meeting, and may request the board to review  patient  complaints or investigate alleged incidents of abuse or mistreatment. The board shall notify the appropriate  representative  of the  mental hygiene legal service of the board's actions and findings in relation to any such request.  (2) The president of the board of visitors shall notify  a  member  by certified  or  registered mail return receipt requested when such member of the board has failed to attend any two consecutive bi-monthly regular meetings. This notice shall be sent within ten days following the second meeting and shall include the dates  of  the  two  meetings  which  were missed, the date of the next bi-monthly regular meeting, and a statement concerning the consequences of failure to attend the next meeting.  (3)  Within  three  days  after  the  third  consecutive  absence at a bi-monthly regular meeting by a member, the president of  the  board  of visitors  shall  notify, in writing, the governor, the commissioner, the chairman of the commission on quality of care and advocacy  for  persons with  disabilities  and  the state operations director of such absences. The president of the board of visitors shall send a copy of this  notice by  registered  or certified mail return receipt requested to the member to whom it pertains. The member may petition the governor to excuse  his absences. If the governor does not excuse the absences within forty-five days of the date of the third consecutive meeting absence, the office of the member shall be deemed vacated.  (g)  Upon the request of the commissioner or the director, or upon the board's initiative, the board shall consult, advise, and work  with  the director  with  respect  to  community  relations, conditions at a state operated facility, preliminary plans for construction  and  alterations, and programs and activities of a state operated facility.  (h)  Each  board  or  any  member of the board may visit and inspect a state operated facility that is in  the  catchment  area  of  the  state operations  region  in  which  such  member or members serve at any time without prior notice and may report on conditions to  the  governor,  to the  commissioner and to the chairman of the state commission on quality of care and advocacy for  persons  with  disabilities  and,  subject  to confidential  information  being redacted to protect the confidentiality of individuals in such facility,  to  the  temporary  president  of  the senate and to the speaker of the assembly. In addition, each board shall ensure that a member or committee of members shall inspect such facility once every three months without prior notice. A report on conditions may be  submitted to the governor, to the commissioner or to the chairman of the state commission on quality of care and advocacy  for  persons  with disabilities  and, subject to confidential information being redacted to protect the confidentiality of individuals  in  such  facility,  to  the temporary  president  of  the senate and to the speaker of the assembly. Each board member shall visit and inspect any  such  facility  at  least twice during each calendar year. Within thirty days after the conclusion of  each  calendar  year,  the  president of the board of visitors shall notify the governor, the commissioner, the chairman of the commission on quality of care and advocacy for  persons  with  disabilities,  and  the state  operations  director,  if  any  member of the board has failed to visit and inspect any such facility at least twice during that year. The president of the board of visitors shall send a copy of this  notice  by certified  or  registered mail return receipt requested to the member to whom it pertains. A member of a board of  visitors  who  has  failed  to visit  and  inspect a facility at least twice a year shall be considered to have vacated his or  her  office  unless  otherwise  ordered  by  the  governor  within forty-five days after the end of the calendar year. The board shall have the power to investigate all charges against the  state operations   director,  and  all  cases  of  alleged  patient  abuse  or mistreatment  made  against  any  employee,  and shall have the power to interview patients and employees of the facilities in  pursuit  of  such investigations.  In  conducting  such  an investigation, the board shall have the power, in accordance with the civil practice law and rules,  to subpoena   witnesses,   compel  their  testimony,  administer  oaths  to witnesses, examine witnesses under oath, and require the  production  of any  books  or papers deemed relevant to the investigation. A board or a member may include in the report or separately at any  time  any  matter pertaining to the management and affairs of such facilities and may make recommendations to the governor, to the commissioner and to the chairman of the state commission on quality of care and advocacy for persons with disabilities. Each board member shall enter in a book, kept at each such facility for that purpose, the date of each visit.  (i)  (1)  Any  member  or members of the board may visit and inspect a family care home  that  is  within  the  catchment  area  of  the  state operations  region in which such member or members serve. Such member or members shall be granted access to  such  facility  and  to  all  books, records  and  data  pertaining  to  such  facility  deemed necessary for carrying out the purposes of such visit. Information, books, records  or data that are confidential as provided by law shall be kept confidential and any limitations on the release thereof imposed by law upon the party furnishing  the  information, books, records or data shall apply to such member or members of the board. After any such visits or inspections,  a report  containing  findings and recommendations may be submitted to the governor, to the commissioner or to the state commission on  quality  of care   and  advocacy  for  persons  with  disabilities  and  subject  to confidential information being redacted to protect  the  confidentiality of individuals in such facility to the temporary president of the senate and to the speaker of the assembly.  (2)  Any  member  or  members  of  the  board  may visit and inspect a community residence operated by the office for people with developmental disabilities that is within the catchment area of the  state  operations region  in  which  such  member or members serve. Such member or members shall be granted access to such facility and to all books,  records  and data  pertaining  to such facility deemed necessary for carrying out the purposes of such visit and inspection. Information,  books,  records  or data that are confidential as provided by law shall be kept confidential and any limitations on the release thereof imposed by law upon the party furnishing  the  information, books, records or data shall apply to such member or members of the board. After any such visits or  inspection,  a report  containing  findings  and  recommendations  shall  be  submitted promptly to the commissioner and to the chairman of the state commission on quality of care and advocacy for persons with disabilities.  (j) Once each year, each board shall make an independent assessment of conditions  at  such  facilities  and  shall  submit  a  report  on  the assessment  and recommendations to the governor, to the commissioner, to the temporary president of the senate, to the speaker  of  the  assembly and  to  the  chairman  of  the  state commission on quality of care and advocacy for persons with disabilities.  (k) The commissioner shall notify the board of visitors of a  facility under  his  or  her  jurisdiction of the proposed appointment of a state operations director or the  proposed  transfer  of  a  state  operations director,  with  a  request  that  the board report an expression of its opinion of the appointment or transfer and, if it objects  thereto,  the reasons for such objection.  (l)  The  commissioner  shall appoint representatives of the office to serve as liaison between the office and the boards of visitors. At least once each year the commissioner shall meet with the boards collectively. The commissioner, or his or her  designee,  shall  meet  quarterly  with representatives of boards of visitors.  (m)  Members of the boards of visitors shall be considered officers of the office for people with developmental disabilities for  the  purposes of   sections   seventy-three,  to  the  extent  provided  therein,  and seventy-four  of  the  public  officers  law  relating  to  business  or professional  activities by state officers and employees and the code of ethics.  (n)  Each  member  shall  attend,  within  one  year  of  the  initial appointment  or  any  subsequent  reappointment, an orientation training program provided by the commission on quality of care and  advocacy  for persons  with  disabilities  for  members  of  boards  of  visitors. The chairman of the commission on quality of care and advocacy  for  persons with  disabilities shall notify the governor and the appointed member of any such member's failure to attend such a training  program.  A  member who  has  failed  to  attend  such a training program scheduled for such member shall be considered to have vacated his office  unless  otherwise ordered by the governor within forty-five days after the notice.