NY Ment Hygiene L § 5.06 (2021)
2021 New York Laws MHY - Mental Hygiene Title A - Organization of Department of Mental Hygiene Article 5 - Department of Mental Hygiene 5.06 - Behavioral Health Sevices Advisory Council.

§ 5.06 Behavioral health services advisory council.  (a)  There is hereby created within the department a behavioral health services advisory council, the purpose of which shall be to  advise  the offices  of mental health and alcoholism and substance abuse services on matters relating to the provision of behavioral health services;  issues of  joint  concern  to the offices, including the integration of various behavioral health services and  the  integration  of  behavioral  health services  with  health  services;  and issues related to the delivery of behavioral health services that  are  responsive  to  local,  state  and federal  concerns.  The  council  shall  consist of the commissioners of mental health and of alcoholism and substance abuse services, who  shall not  have the right to vote, the chair of the conference of local mental hygiene directors or his  or  her  designee,  and  twenty-eight  members appointed  by  the  governor, upon the advice and consent of the senate. Members shall be appointed only if they have professional  knowledge  in the  care  of persons receiving behavioral health services, or an active interest in the behavioral health services system.  (b) The governor shall designate one of the members of the council  as chair.  At  least  one-half  of  the members of the council shall not be providers of behavioral health  services.  Membership  shall  reflect  a balanced  representation  of persons with interests in mental health and substance use disorder services and shall include:  (1) at least five current or former  consumers  of  behavioral  health services;  (2) at least three individuals who are parents or relatives of current or former consumers of behavioral health services;  (3)  at least three members who are not providers of behavioral health services and  who  represent  non-governmental  organizations,  such  as not-for-profit  entities  representing  health or behavioral health care employees, private  payors  of  behavioral  health  services,  or  other organizations   concerned   with  the  provision  of  behavioral  health services;  (4) at least five representatives of providers of services to  persons with  mental  illness  and at least five representatives of providers of services to persons with substance use disorders, at least two  of  whom shall  be  physicians  and  at  least  one  of  whom shall have provided services to veterans who served in a combat theater or  combat  zone  of operations;  (5)  one  member appointed on the recommendation of the state director of the division of veterans' services and one member  appointed  on  the recommendation  of  the adjutant general of the division of military and naval affairs, at least one  of  whom  shall  be  a  current  or  former consumer  of  mental  health services or substance use disorder services who is a veteran who has served in a combat theater or  combat  zone  of operations and is a member of a veterans organization;  (6) at least three representatives of local governments or other state and  local  agencies  concerned  with the provision of behavioral health services; and  (7) at least two members who are also members of the public health and health planning council pursuant to section two hundred  twenty  of  the public health law.  (c)  Members  shall  be  appointed  for terms of three years provided, however, that  of  the  members  first  appointed,  one-third  shall  be appointed  for  one  year terms and one-third shall be appointed for two year terms. Vacancies shall be filled in the  same  manner  as  original appointments for the remainder of any unexpired term. No person shall be an appointed member of the council for more than six years in any period of twelve consecutive years.  (d)  The  council shall meet at least four times in each full calendar year. The council shall meet at the  request  of  its  chair  or  either commissioner.  (e)  The council shall establish such committees as it deems necessary to address the service needs  of  special  populations  and  to  address particular  subjects  of importance in the development and management of behavioral health services.  (f) The council may consider any matter relating to the improvement of behavioral  health  services  in  the  state  and   shall   advise   the commissioners on any such matter, including, but not limited to:  (1)  care  and  services  to persons with behavioral health disorders, including special and  underserved  populations  as  determined  by  the commissioner;  (2) financing behavioral health services;  (3) integration of behavioral health services with health services;  (4)  care  and  services  for  persons  with co-occurring disorders or multiple disabilities;  (5) prevention of behavioral health disorders; and  (6) improvement of care in state operated or community based programs, recruitment, education and training of qualified direct care  personnel, and  protection of the interests of employees affected by adjustments in the behavioral health service system.  (g)  The  council  shall,  in  cooperation  with  the   commissioners, establish  statewide  goals  and objectives for services to persons with behavioral health disorders, pursuant to section 5.07 of this article.  (h) (1) The council shall review the portion of the statewide plan  to be  developed  and  updated  annually  by  the commissioners pursuant to section 5.07 of this article, and report its recommendations thereon  to the commissioners.  (2)  The  council  shall  review  any  mental  health or substance use component of statewide health plans developed  in  accordance  with  any applicable  federal law, and shall report its recommendations thereon to the commissioners.  (i) The council shall review applications filed in accordance with:  (1) section 31.22 of this chapter for  approval  of  incorporation  or establishment  of  a  facility,  and  section  31.23 of this chapter for approval of the construction of a facility for which approval  from  the commissioner of mental health is required; and  (2)   section   32.29  or  32.31  of  this  chapter  for  approval  of incorporation or establishment or construction of a facility  for  which approval  to operate is required from the commissioner of alcoholism and substance abuse services pursuant to article thirty-two of this chapter, and as otherwise requested by such commissioner;  (j)  The  council  shall  be  notified  of,  and  may  review  at  its discretion,  any  closure  of a hospital or ward thereof operated by the office of mental health or office  of  alcoholism  and  substance  abuse services,  and  may issue recommendations pertaining to issues including community reinvestment and continuity of care. All such  recommendations shall  be  provided  to  the relevant commissioner or commissioners, the temporary president of the senate and the speaker of the assembly.  (k) At least sixty days prior to the commissioners' final approval  of rules  and  regulations  under their respective jurisdiction, other than emergency rules and regulations and regulations promulgated pursuant  to section  43.01  of  this  chapter,  the  commissioners shall submit such proposed rules and regulations  to  the  council  for  its  review.  The council  shall  review all proposed rules and regulations and report its recommendations thereon to the  commissioners  within  sixty  days.  The commissioner  having  statutory  jurisdiction  over the proposed rule or  regulation  shall  not  act  in   a   manner   inconsistent   with   the recommendations  of  the  council  without  first  appearing  before the council to report the reasons therefor. The  council,  upon  a  majority vote  of  its  members,  may require that an alternative approach to the proposed rules and regulations be  published  with  the  notice  of  the proposed  rules  and  regulations pursuant to section two hundred two of the state administrative procedure act. When an alternative approach  is published  pursuant  to  this section, the commissioner having statutory jurisdiction of the subject proposed rule or regulation shall state  the reasons for not selecting such alternative approach.  (l)  The council, by a majority vote of its members, may propose rules and regulations on any matter within the regulatory jurisdiction of  the offices  of  mental  health  or alcoholism and substance abuse services, other than establishment of fee schedules pursuant to section  43.01  of this  chapter,  and  forward such proposed rules and regulations to both commissioners for review and consideration; provided, however, that only the approval of the commissioner  with  statutory  jurisdiction  of  the proposed   rule   or   regulation  shall  be  required.  Prior  to  such commissioner's final approval and promulgation of  such  proposed  rules and  regulations,  if  such  rules  and  regulations are modified in any respect, they shall be submitted to the council pursuant to  subdivision (k)  of  this section. If such commissioner determines not to promulgate such proposed rules  and  regulations,  the  commissioner  shall  appear before the council to report the reasons therefor.  (m) The members of the council shall receive no compensation for their services  but  shall be reimbursed for expenses actually and necessarily incurred in the performance of their duties.  (n) The commissioners, upon request of the  council,  shall  designate one or more officers or employees from either or both offices to provide administrative support services to the council, and may assign from time to time such other employees as the council may request.  (o)  No  civil action shall be brought in any court against any member of the behavioral health services advisory council  for  any  act  done, failure  to  act, or statement or opinion made, while discharging his or her duties as a member of the council, without leave from a  justice  of the  supreme  court,  first  had and obtained. In any event, such member shall not be liable for damages in any such action if he or she acted in good faith, with reasonable care and upon probable cause. Members of the council shall be considered public officers for the purposes of  section seventeen of the public officers law.  (p) The council may establish written bylaws.