2023 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.