19.05 - Advisory council on alcoholism and substance abuse services.

§ 19.05 Advisory council on alcoholism and substance abuse services.    There  is  hereby  created  an  advisory  council  on  alcoholism  and  substance abuse  services.    (a)  The  council  shall  consist  of  the  commissioner  of  alcoholism and substance abuse services, or his or her  designee who shall not have the right  to  vote,  the  chairman  of  the  conference of local mental hygiene directors or his or her designee, and  twenty-six  members appointed by the governor by and with the advice and  consent of the senate. The council shall include at least three  members  from  each  appellate  division. The governor shall designate one of the  appointed members of the council as chair, who shall serve as such for a  three year term. The council shall elect a vice-chair, who  shall  serve  as such for a three year term. Membership shall be representative of the  public,  shall  have  broad  programmatic and geographic representation,  shall  include  both  not-for-profit  and  proprietary  alcoholism   and  substance abuse providers of services, and shall include:    (1) ten consumer representatives, including persons who are recovering  from alcohol and/or substance abuse or significant others of patients or  former patients or patient advocates, or representatives of advocacy and  prevention organizations;    (2)  ten representatives of providers of services to persons who abuse  or are dependent on alcohol  and/or  substances  or  engage  in  problem  gambling,  including but not limited to representatives of free standing  inpatient alcoholism or substance abuse facilities,  general  hospitals,  residential facilities for persons who abuse or are dependent on alcohol  and/or substances, methadone maintenance programs, outpatient facilities  for persons who abuse or are dependent on alcohol and/or substances, and  prevention  and  gambling  programs,  at  least  one  of whom shall be a  physician  and  not  more  than  two  shall  represent  each  group   of  facilities; and    (3)  six  representatives  of  public and private payors of alcoholism  and/or substance abuse treatment including insurers,  hospital,  health,  and   medical  service  corporations  that  pay  for  alcoholism  and/or  substance abuse treatment, self-insured employee  benefit  plans,  union  welfare  fund  benefit  plans,  and  state and local government agencies  which pay for alcoholism or substance abuse treatment, at least  one  of  whom shall represent a hospital service corporation.    (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  original  appointments for the remainder of any unexpired term.    (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, in cooperation with the commissioner, establish  statewide  goals  and  objectives  for  services to those suffering from  alcoholism, alcohol abuse, substance  abuse,  substance  dependence,  or  chemical  dependence pursuant to section 5.07 of this chapter, and shall  review 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.    (e)  The  council  shall  review applications filed in accordance with  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 pursuant to article thirty-two  of this  chapter,  and  as  otherwise  requested  by  the  commissioner,  provided,   however,   that   such  council  shall  complete  review  of  applications  for  approval  of  incorporation   or   establishment   orconstruction  of a facility previously filed under article thirty-one of  this  chapter  prior  to  the  effective  date  of  this  section.   The  commissioner   shall  ensure  that  members  of  the  council  have  the  information necessary to make an informed review.    (f)  The  council  shall make recommendations to the commissioner, the  governor, and  the  legislature  with  regard  to  the  enhancement  and  increased efficiency of providing services.    (g)  At least sixty days prior to the commissioner's final approval of  rules and regulations, other than emergency rules and  regulations,  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 commissioner  within  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 specific reasons  for  not  selecting  such  alternative approach.    (h) 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.    (i) 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.    (j)  No  civil action shall be brought in any court against any member  of the advisory council on alcoholism and substance abuse  services  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 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.    (k) The council may establish such committees as it deems necessary.    (l) The council may establish written bylaws.