2023 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 addiction services and supports 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; issues related to the  delivery  of  behavioral  health
services  that  are responsive to local, state and federal concerns; and
issues related to treatment disparities and treatment equity, as defined
in section 19.45 of this chapter.  The  council  shall  consist  of  the
commissioners  of  mental health and of addiction services and supports,
who shall not have the right to vote, the chair  of  the  conference  of
local  mental  hygiene  directors or his or her designee, and thirty-two
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
commissioner  of  the  department  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;
(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; and
(8) at least  four  members  that  have  expertise  in  issues  facing
vulnerable populations, as defined in section 19.45 of this chapter, who
are  receiving or seeking to receive substance use disorder services. Of
such members, one member shall be  appointed  by  the  governor  at  the
recommendation  of  the  temporary  president  of the senate, one member
shall be appointed by the governor at the recommendation of the minority

leader of the senate, one member shall be appointed by the  governor  at
the  recommendation  of the speaker of the assembly and one member shall
be appointed by the governor  at  the  recommendation  of  the  minority
leader of the assembly.
(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.  Provided  however,  the   council   shall
establish  a  committee  to specifically focus on substance use disorder
treatment disparities that may  exist  for  vulnerable  populations,  as
defined in section 19.45 of this chapter.
(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;
(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; and
(7)  ways  to achieve treatment equity, as defined in section 19.45 of
this chapter.
(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.