7.05 - Mental health services council.
§ 7.05 Mental health services council. (a) There is hereby created a mental health services council. The council shall consist of the commissioner of mental health who shall not have the right to vote, the chairman of the conference of local mental hygiene directors or his designee, and twenty-six members appointed by the governor by and with the advice and consent of the senate. Members shall be appointed only if they have professional knowledge in the care of the mentally ill or an active interest in the system of services to the mentally ill. The governor shall designate one of the appointed members of the council as chairman. At least one-half of the members of the council shall not be providers of mental health services. Membership shall be representative of the public and shall include: 1. at least four consumer representatives, two of whom shall be current or former patients or consumers of mental health services, and two of whom shall be parents or relatives of patients or consumers who receive or have received services for mentally ill persons from a provider of such service; 2. at least three members who are not providers of service including but not limited to representatives of non-governmental organizations or groups, such as not-for-profit agencies or organizations representing health care employees, organizations concerned with the planning, operation or use of community mental health centers and other facilities for the provision of mental health services; 3. at least six representatives of providers of services to the mentally ill, including but not limited to community mental health centers, municipal hospitals, general hospitals, state hospitals, private hospitals and organizations providing community services to the mentally ill; at least three of whom shall be physicians; 4. at least one member appointed on the recommendation of the director of the division of veterans' affairs; 5. at least one member appointed on the recommendation of the adjutant general of the division of military and naval affairs; 6. at least three representatives of local governments, and of other state and local agencies concerned with the planning, operation or use of facilities for the provision of mental health services; and * 7. the two members of the state hospital review and planning council appointed by the governor pursuant to subdivision (b) of this section. * NB Effective until December 1, 2010 * 7. the two members of the public health and health planning council appointed by the governor pursuant to subdivision (b) of this section. * NB Effective December 1, 2010 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. * (b) The chairman shall recommend two members of the council for appointment by the governor to the hospital review and planning council pursuant to section twenty-nine hundred four of the public health law. * NB Effective until December 1, 2010 * (b) The chairman shall recommend two members of the council for appointment by the governor to the public health and health planning council pursuant to section two hundred twenty of the public health law. * NB Effective December 1, 2010(c) The council shall meet at least four times in each full calendar year. The council shall meet at the request of its chairman or the commissioner. (d) The council shall establish such committees as it deems necessary to address the service needs of special populations, such as children and adolescents, the chronically mentally ill, racial and ethnic minorities, the elderly and the multiply disabled, and to address particular subjects of importance in the development and management of mental health services required to serve the citizens of New York state. (e) The council may consider any matter relating to the improvement of mental health services in the state and shall advise the commissioner on any such matter, including, but not limited to care and service to the chronically mentally ill, care of acutely mentally ill children, adolescents and adults, care of the elderly mentally ill, improvement of care for underserved populations, financing of community mental health centers, financing community services for the mentally ill, relationships between units of state and local government in financing and regulating service to the mentally ill, integration of the mental health service system with the generic health care system, integration of the mental health service system with systems serving other disabled populations, care of the multiply disabled, forensic mental health services, prevention of mental illness, improvement of care in state operated programs, recruitment, education and training of qualified direct care personnel and protection of the interests of employees affected by adjustments in the mental health service system. (f) The council shall, in cooperation with the commissioner, establish statewide goals and objectives for services to mentally ill persons, pursuant to section 5.07 of this chapter. (g) 1. The council shall review the portion of the statewide five year plan to be developed and updated annually by the commissioner pursuant to section 5.07 of this chapter and report its recommendations thereon to the commissioner. 2. The council shall review any state mental health services program plan prepared by the office of mental health, and the mental health component of statewide health plans developed in accordance with any applicable federal law and shall report its recommendations thereon to the commissioner, the legislature and, where appropriate, the state health planning and development agency designated pursuant to the provisions of the national health planning and resource development act of nineteen seventy-four and any amendments thereto. (h) 1. The council shall review applications filed in accordance with subdivision (c) of section 31.23 of this chapter for approval of the construction of a facility, other than a family care home, community residence or residential care center for adults, for which an operating certificate issued by the commissioner is required pursuant to article thirty-one of this chapter. The commissioner shall ensure that members of the council have the information necessary to make an informed review. 2. The council shall, at the request of the commissioner, review any plans for construction, including a substantial change in bed capacity, of a facility operated by the office of mental health and report its recommendations thereon to the commissioner. (i) At least sixty days prior to the commissioner's final approval of rules and regulations, other than emergency rules and regulations and regulations promulgated pursuant to section 43.01 of this chapter, the commissioner shall submit 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 commissionerwithin sixty days. The commissioner 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 shall state the reasons for not selecting such alternative approach. (j) The council, by a majority vote of its members, may propose rules and regulations on any matter within the regulatory jurisdiction of the office of mental health, other than establishment of fee schedules pursuant to section 43.01 of this chapter, and forward such proposed rules and regulations to the commissioner for review and consideration. Prior to the 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 (i) of this section. If the commissioner determines not to promulgate such proposed rules and regulations, the commissioner shall appear before the council to report the reasons therefor. (k) 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. (l) The commissioner upon request of the council, shall designate an officer or employee of the office to provide secretarial support services to the council, and may assign from time to time such other employees as the council may request. (m) No civil action shall be brought in any court against any member of the mental health services council for any act done, failure to act, or statement or opinion made, while discharging his 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 shall have 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.