N.Y. Mental Hygiene Law § 13.33: Boards of visitors

§ 13.33 Boards of visitors.

(a) Each state operations office under the jurisdiction of the

commissioner shall have a minimum of one board of visitors consisting of

at least seven but not more than fourteen 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 member 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 state operations office, 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 persons with developmental disabilities or in developmental

disability endeavors generally.

(b) No elected state officer or member of the legislature may serve as

a visitor.

(c) Each visitor shall reside, at the time of appointment or

reappointment, in the area, as established by the regulations of the

commissioner, served by the state operated office that it oversees.

(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. After such election of the president and

secretary, each board shall inform the governor, the speaker of the

assembly and the temporary president of the senate of such new president

and secretary.

(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 and at the first meeting of each

calendar year, 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 executive director of the

justice center for the protection of people with special needs and the

commissioner of the determination made concerning the designated months

for the six bi-monthly regular meetings. The dates of such meetings

shall be posted on the office's website and shall be made available to

the public. The president of the board, the commissioner, or the members

as determined by the rules of the board may call special meetings. The

board may request the commissioner, or such commissioner's designee, 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 such member's 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 state operations office. 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. Meeting minutes, agendas, proceedings, activities, by-laws and

actions by each board shall be posted on the office's website and shall

be made available to the public.

(2) The president of the board of visitors shall notify a member by

certified or registered mail 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 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

executive director of the justice center for the protection of people

with special needs, the temporary president of the senate and the

speaker of the assembly of such absences. The president of the board of

visitors shall send a copy of this notice by registered or certified

mail return receipt requested to the member to whom it pertains. The

member may petition the governor to excuse such member's 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 a state

operated facility, preliminary plans for construction and alterations,

and programs and activities of a state operated facility.

(h) Each board or any member of the board may visit and inspect a

state operated facility that is in the catchment area of the state

operations region in which such member or members serve 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 and advocacy for persons with disabilities and, subject to

confidential information being redacted to protect the confidentiality

of individuals in such facility, to the temporary president of the

senate and to the speaker of the assembly. In addition, each board shall

ensure that a member or committee of members shall inspect such 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 and advocacy for persons with

disabilities and, subject to confidential information being redacted to

protect the confidentiality of individuals in such facility, to the

temporary president of the senate and to the speaker of the assembly.

Each board member shall visit and inspect any such 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 and advocacy for persons with disabilities, and the

state operations director, if any member of the board has failed to

visit and inspect any such 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 a facility at least twice a year shall be considered

to have vacated his or her 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 state

operations 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 facilities 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 such facilities and may make

recommendations to the governor, to the commissioner and to the chairman

of the state commission on quality of care and advocacy for persons with

disabilities. Each board member shall enter in a book, kept at each such

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 that is within the catchment area of the state

operations region in 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 that 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 inspections, a

report containing findings and recommendations may be submitted to the

governor, to the commissioner or to the state commission on quality of

care and advocacy for persons with disabilities and subject to

confidential information being redacted to protect the confidentiality

of individuals in such facility to the temporary president of the senate

and to the speaker of the assembly.

(2) Any member or members of the board may visit and inspect a

community residence operated by the office for people with developmental

disabilities that is within the catchment area of the state operations

region in 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 that 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 and advocacy for persons with disabilities.

(j) Once each year, each board shall make an independent assessment of

conditions at such facilities and shall submit a report on the

assessment and recommendations to the governor, to the commissioner, to

the temporary president of the senate, to the speaker of the assembly

and to the executive director of the justice center for the protection

of people with special needs.

(k) The commissioner shall notify the board of visitors of a facility

under his or her jurisdiction of the proposed appointment of a state

operations director or the proposed transfer of a state operations

director, 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 the commissioner shall meet with the boards collectively.

The commissioner, or his or her designee, shall meet quarterly with

representatives of boards of visitors.

(m) Members of the boards of visitors shall be considered officers of

the office for people with developmental disabilities 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 and advocacy for

persons with disabilities for members of boards of visitors. The

chairman of the commission on quality of care and advocacy for persons

with disabilities 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.