2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.33 - Boards of Visitors.

§ 7.33 Boards of visitors.
(a)  Each  hospital  in  the department shall have a board of visitors
consisting of seven members; provided, however, that a hospital  at  the
Pilgrim  psychiatric  center and a hospital at the Rochester psychiatric
center shall have a board of visitors consisting of at least seven,  but
not  more  than  ten 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 members 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  facility, 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 the  mentally  ill  or  in  mental
health endeavors generally.
(b) No elected state officer or member of the legislature may serve as
a visitor.
(c)  If the hospital serves an area, as established by the regulations
of  the  commissioner,  the  visitors  shall  reside  at  the  time   of
appointment  or  reappointment  in  such  area.  If  no specific area is
designated but mental health regions have  been  duly  established,  the
visitors shall reside at the time of appointment or reappointment in the
mental health region in which the department facility is located.
(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 for the mentally disabled and the
facility 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  hospital.  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 with 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
bi-monthly 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 for the mentally  disabled
and  the  facility director of such absences. The president of the board
of visitors shall send a copy of this notice to the member by registered
or certified mail return receipt requested. 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  the
department facility, preliminary plans for construction and alterations,
and programs and activities of the department facility.
(h) Each board or any member of the board may visit  and  inspect  the
department  facility  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 for the mentally disabled. In
addition, each board shall ensure that a member or committee of  members
shall  inspect  the  department 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 for the mentally disabled. Each board member shall visit
and inspect the 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 for the
mentally disabled and the facility director, if any member of the  board
has  failed to visit and inspect the 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 the facility at least twice a year shall be
considered to have vacated his 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
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  facility  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  the  facility  and  may  make  recommendations  to the
governor,  to  the  commissioner  and  to  the  chairman  of  the  state
commission  on  quality  of  care for the mentally disabled.  Each board
member shall enter in a book, kept at each 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, which is within the catchment area of the hospital  on
the  board of 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  which  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 may be submitted to the
governor, to the commissioner or to the state commission on  quality  of
care for the mentally disabled.
(2)  Any  member  or  members  of  the  board  may visit and inspect a
community residence or residential care center for adults,  operated  by
the  office  of mental health, which is within the catchment area of the
hospital on the board of 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 which 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 for the mentally disabled.
(j) Once each year, each board shall make an independent assessment of
conditions at the facility and shall submit a report on  the  assessment
and  recommendations  to  the  governor,  to the commissioner and to the
chairman of the state commission on quality of  care  for  the  mentally
disabled.
(k)  The commissioner shall notify the board of visitors of a hospital
of the proposed appointment of  a  director  to  such  facility  or  the
proposed  transfer of a director from such facility, 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  such  commissioner  shall   meet   with   the   boards
collectively.  The  commissioner,  or his designee, shall meet quarterly
with representatives of boards of visitors.
(m) Members of the boards of visitors shall be considered officers  of
the department 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 for the mentally
disabled for  members  of  boards  of  visitors.  The  chairman  of  the
commission on quality of care for the mentally disabled 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.