2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.05 - Developmental Disabilities Advisory Council.

§ 13.05 Developmental disabilities advisory council.
(a)  There is hereby established a developmental disabilities advisory
council. The council shall consist of the commissioner, the chairman  of
the conference of local mental hygiene directors or his or her designee,
and  at  least  thirty-three  members  to  be appointed by the governor.
Beginning on and after June  thirtieth,  two  thousand  twenty-two,  the
council   shall   consist   of   thirty-five   members,   including  the
commissioner, the chairman of the conference  of  local  mental  hygiene
directors  or  his  or her designee, four members to be appointed by the
temporary president of the senate, four members to be appointed  by  the
speaker  of  the  assembly,  one  member to be appointed by the minority
leader of the senate, one member to be appointed by the minority  leader
of  the  assembly  and  twenty-three  members  to  be  appointed  by the
governor. Any current member shall be allowed to finish his or her term.
The commissioner shall oversee and assist with  the  transition  to  the
makeup of the council after such date, ensuring that as current members'
terms  expire,  the  council appoints members in the manner set forth in
this  subdivision.  Members  shall  be  appointed  only  if  they   have
demonstrated  an  active  interest  in  or  have  obtained  professional
knowledge in the care of persons with developmental disabilities  or  in
the  field  of  developmental disabilities generally. The governor shall
designate one of the appointed members as chair. The  council  shall  at
all times include in its membership representatives of community service
board  developmental  disabilities  subcommittees, providers of services
and non-governmental organizations concerned with services  for  persons
with developmental disabilities. At least one-third of the membership of
the advisory council shall consist of consumer representatives including
persons with developmental disabilities, or their parents or guardians.
(b)  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  prescribed
in subdivision (a) of this section. The designation of a member as chair
shall be made bi-annually.
(c)  The  developmental  disabilities  advisory  council shall have no
executive, administrative or appointive duties. The council  shall  have
the  duty to foster public understanding and acceptance of developmental
disabilities.  It  shall,  in  cooperation  with  the  commissioner   of
developmental   disabilities,   provide  recommendations  for  statewide
priorities and goals for services  for  individuals  with  developmental
disabilities  and  shall  advise  the commissioner on matters related to
development and implementation of the statewide  comprehensive  plan  as
required  under section 5.07 of this chapter. The advisory council shall
have the power to consider any matter relating to the improvement of the
state  developmental  disabilities  program   and   shall   advise   the
commissioner  of  developmental  disabilities  thereon and on any matter
relating to the performance of their duties with relation to individuals
with developmental disabilities  and  on  policies,  goals,  budget  and
operation of developmental disabilities services.
1.  The council shall establish such committees as deemed necessary by
the chair with advice  from  the  commissioner.  Such  committees  shall
consider  matters related to the various service populations served, and
programs certified by the office, as well as  other  matters,  including
planning,  fiscal,  and  consumer affairs. The council shall prepare and
issue such reports on its activities as deemed necessary.
2. The council shall meet at least four times in  each  full  calendar
year.  The  council  shall  meet  at  the  request  of  its chair or the
commissioner.
(d) Members of the advisory council shall receive no compensation  for
their  services  but  shall  be reimbursed for all expenses actually and
necessarily incurred by them in the performance of their duties.
(e)  At  least  thirty  days  prior  to  his  or her final approval of
regulations, other than emergency regulations,  the  commissioner  shall
submit  proposed  regulations to the council for its review. The council
shall review all proposed regulations and report its recommendations  on
the  proposed  regulations  to the commissioner within thirty days. Such
period may be extended upon the agreement of the commissioner.
(f)  The  council  shall  assist  the  commissioner  of  developmental
disabilities  with the development and assessment of the triennial state
developmental disabilities plan issued by the office. To ensure the full
use of existing specialized and generic services in  the  community,  to
ensure  that  all  providers and appropriate local governmental agencies
are involved,  and  to  ensure  that  local  services  to  persons  with
developmental  disabilities and their families are readily available and
accessible, the council shall periodically  assess  the  local  planning
process  and make recommendations thereon to the commissioner and to the
council for mental hygiene planning.
* (g) The developmental disabilities advisory council shall produce  a
report  to  review  the  impact and the state's response to the COVID-19
state disaster emergency, as declared by executive order two hundred two
of two thousand twenty, as it relates to individuals  with  intellectual
or  developmental  disabilities. The office and the department of health
shall provide technical assistance and access to data as is required for
the council to effectuate such  review  and  produce  such  report.  The
report shall include, but not be limited to:
(i) a timeline and inventory of any and all relevant executive orders,
guidance  and  regulations  put  forth  by the department of health, the
office, the executive or any  other  agency  between  March  first,  two
thousand  twenty and April first, two thousand twenty-one in response to
the COVID-19 outbreak;
(ii)  a  timeline  of  any  outreach  conducted  by  the  office  with
stakeholders,  including  self-advocates, family advocates and voluntary
providers and what, if any, changes to guidance were made as a result of
such communication with stakeholders;
(iii) any actions or guidance the office,  the  department  of  health
and/or  any  other  agency took to minimize exposure of COVID-19 between
residents and staff;
(iv) an inventory of actions the  office,  the  department  of  health
and/or   any   other  agency  took  to  assist  in  the  procurement  or
provisioning of personal protective equipment for residents and staff in
state  operated  facilities,  and  facilities  operated   by   voluntary
providers. For purposes of this section, "personal protective equipment"
shall  mean  all  equipment  worn  or  used  to  minimize  exposure to a
communicable disease, including but not limited  to  gloves,  masks  and
face shields;
(v) an inventory of costs incurred by the office related to responding
to COVID-19;
(vi)  an  inventory  of  actions  the office, the department of health
and/or any other agency took to assist underserved communities including
but not limited to racial and ethnic minority communities; and
(vii) specific challenges that were faced with regards to  individuals
with intellectual and developmental disabilities.
(2)   The  developmental  disabilities  advisory  council  shall  also
evaluate policies, procedures, and programs that were implemented during
the course of the COVID-19 pandemic to determine the efficacy on safety.
(3) The developmental  disabilities  advisory  council  shall  provide
recommendations  of  changes  to  any  laws  or regulations that impeded
response to COVID-19 to the legislature.
(4)  Such  report  shall  be  submitted to the governor, the temporary
president of the senate and the speaker of the assembly  no  later  than
nine  months  from  the  effective date of this subdivision and shall be
made publicly available online.
* NB Repealed 10 days after transmission of the report of the findings
by the developmental disabilities advisory council to the governor,  the
temporary president of the senate and the speaker of the assembly